Agenda packet — Chino City Council, April 15, 2025 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk ’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CHINO SENIOR CENTER
13170 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 15, 2025

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
**PLEASE NOTE: THE APRIL 15, 2025 CITY COUNCIL REGULAR MEETING WILL BE HELD AT THE CHINO SENIOR CENTER LOCATED AT 13170 CENTRAL AVENUE, CHINO, CA 91710** _________________________________________________________________________________

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

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

CLOSED SESSION

1. LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95 to consider the following worker’s compensation claim:

Claimant: Sean Whitham Claim No. 025000085
Agency claimed against: City of Chino
1 CHINO CITY COUNCIL
APRIL 15, 2025 2

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6:

Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees

FLAG SALUTE

CEREMONIALS
Proclamations
National Public Safety Telecommunicators Week - Proclaim April 13 -19, 2025 as National Public Safety Telecommunicators Week.

Donate Life Month - Proclaim April 2025 as Donate Life Month in the City of Chino.

Presentations
CHINO Days Award Recipients - Recognition of the 2025 CHINO Days Art, Writing & Chalk Art Award Winners.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for April 2025.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for April 15, 2025. Receive and file the External Agency Report for April 15, 2025 (Covering Meetings from February 1 - February 28, 2025).

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.
2 CHINO CITY COUNCIL
APRIL 15, 2025 3

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

1. Warrants. Approve expenses as audited and within budget for warrants 775018 to 775115, and Electronic Fund Transfers 524106E to 524155E, totaling $2,297,515.22

2. Minutes. Regular Meeting Minutes for April 1, 2025 (Council Member Flores Absent-Excused).

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

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated April 15, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. 2024 Chino Climate Action Plan Annual Report. Receive and file the 2024 Chino Climate Action Plan Annual Progress Report.

6. Annexation of Territory into Community Facilities District No 2003-3 IA 5 for Municipal Services.

Adopt Resolution No. 2025 -013, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003 -3 for municipal services and schedule a Public Hearing for Tuesday, May 20, 2025.

7. Chino Preserve Development Corporation - Final Map and Subdivision Improvement Agreement for Tract Map No. 16420 -7. Approve Final Map and Subdivision Improvement Agreement for Tract Map No. 16420-7.

8. Orange County Flood Control District - Agreement Regarding Fill Dirt and Release, Pine Avenue Stage 3 Project. Approve an appropriation and Fill Dirt and Release Agreement and a permit with the Orange County Flood Control District for $108,200 for the Pine Avenue Stage 3 Project.

9. Traffic Signal Installation - Eucalyptus Avenue at Fern Avenue Project (TR240). Appropriate $609,291 from the Transportation fund (320) reserves to the Traffic Signal Installation – Eucalyptus at Fern Avenue Project (TR240) and reduce the Bridges/Signals/Thoroughfare (Fund 220) Development Impact Fee funding by $609,291.

10. Notice of Completion - Kimball Avenue Median Improvement Project (G7241). Approve the Kimball Avenue Median Improvement Project (G7241) as complete and authorize the Director of Public Works to file the Notice of Completion.

NEW BUSINESS

11. Appeal to the City Council of the Planning Commission's Denial of an Appeal of a Written Decision by the Development Services Director. Appeal of the Planning Commission's denial of an appeal of a written decision by the Development Services Director related to the interpretation of how Floor Area Ratio is enforced for projects located within the Mixed Use Overlay Districts.

Staff Report By: Michael Hitz, Principal Planner, AICP and Warren Morelion, Director of Development Services
3 CHINO CITY COUNCIL
APRIL 15, 2025 4
RECOMMENDATION: That the City Council 1) deny the appeal and affirm that the Planning Commission is not required to issue specific findings of fact in connection with its decision to uphold the interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio (“FAR”) in the Mixed Use Overlay District (“MUO”) and 2) deny the appeal and affirm the decision by the Planning Commission to uphold the interpretation of the Zoning Code by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 6, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Friday, April 11, 2025 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
4 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
National Public Safety Telecommunicators Week
..end
..body

5 6

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Donate Life Month
..end
..body

7 8

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

RECREATION

SUBJECT
..titl e
CHINO Days Award Recipients
..end
..body

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award.
..end
..body

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
External Agency Report for April 15, 2025.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for April 15 , 2025 (Covering Meetings from February 1 - 28, 2025)

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

BACKGROUND
Members of the Chino City Council are assig ned to represent the City on s everal external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Mont hly Agency Report for April 15, 2025, summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its businesses. The re port covers meetings that occurred from February 1 - 28, 2025.

11 C I T Y O F C H I N O

MONTHLY AGENCY REPORTS
APRIL 15, 2025 - Covering meetings from February 1 – February 28, 2025 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: March 18, 2025

CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: February 18, 2025
 On Thursday, February 13, Council Member Flores and City staff attended the H Mart Grand opening.

There, they spoke with business owners and managers, participated in a tour of the building, and presented a certificate of congratulations. The store is located at 3967 Spectrum S, Chino, CA 91710.  On Thursday, February 13, Council Member Flores and City staff attended the Learning Experience Ribbon Cutting. Council Member Flores presented the business with a certificate of congratulations and said a few words about the importance of education -based businesses in the City of Chino. The center is located at 12479 Central Ave, Chino, CA 91710.
 On Saturday, Februar y 15, Council Member Marc Lucio and City staff attended the Wienerschnitzel Grand Opening in the Preserve. Council Member Lucio presented the business with a certificate of congratulations and welcomed the new business to the community. The restaurant is located at 15713 Euclid Ave, Chino, CA 91708.
 On Wednesday, February 26, City staff attended the Chino PD Cargo Theft Awareness Roundtable. This Roundtable was hosted in partnership with the Chino Valley Chamber of Commerce. Attendees learned about ways Chino PD is being proactive in preventing cargo theft in Chino, about different tactics used by thieves, and how to protect their businesses.

Next anticipated meeting date: March 18, 2025

CHINO BASIN DESALTER AUTHORITY
Council Representative: Curtis Burton | Staff Report By: Pete Vicario Meeting Date: February 18, 2025
The Chino Basin Desalter Authority (CDA) reported that 357 acre -feet of water was delivered to the City of 12 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 2

Chino in January.

The CDA Technical Advisory Committee (TAC) recommended the following, all of which were approved:
 Approval of Step Saver Companies as an alternate supplier for bulk salt in the amount not to exceed $50,000. Due to ongoing inventory challenges with Morton Salt, Inc., which remains the primary supplier of bulk salt, it is recommended that Step Saver Companies be approved as an alternate supplier. This decision will help mitigate the risk of supply shortages, ensuring a more reliable source of bulk salt if Morton Salt cannot fulfill its deliveries. There will be no impact on the current budget, as the additional contract amount will remain within the approved FY 2024/25 bulk salt budget of $1,470,000.
 Approval of Amendment No. 2 with the County of San Bernardino. Amendment No. 2 allows the County to install a fiber optic network at CDA well sites (funded by the County) and connect to CDA’s raw water pipeline linking to the Chino I Desalter. It also covers the County’s payments for updates to CDA’s GIS mapping, O&M manual, DDW’s 97-005 permit modifications, and SCADA programming by CDA’s consultants. The amendment includes an easement for well I-4 and extends the Well Lease agreement for an additional 30 years. There is no impact on the budget.

Next anticipated meeting date: March 25, 2025

CHINO BASIN WATERMASTER
Council Representative: Curtis Burton | Staff Report By: Benjamin Orosco Meeting Date: February 27, 2025
Business Item: Calculation of Excess Cash Reserves Based on Operation Cash Reserve Policy The Board voted to defer the refund of excess cash reserves in accordance with Watermaster Policy 4.17 until the FY 25-26 budget process is completed. The proposed $1,374,166.74 in excess cash reserves is calculated for the fiscal year ending June 30, 2024. The amount could increase depending on the total amount of Special Assessment Pool Fund balances deemed necessary by the Pools ; hence, the deferral will continue until after the budget process is completed. The deferral was approved unanimously 9-0.

Legal Update: Peace Agreement
The Peace Agreement expires in 2030 unless extended. Prior to the expiration, there are provisions that the Agriculture Pool (AG) and Appropriative Pool (AP) are required to meet and confer in 2025. Either the AP or AG Pool can unilaterally extend the contract. All members of the AP Pool have met and started the meet and confer process.

Next anticipated meeting date: March 27, 2025

CHINO VALLEY INDEPENDENT FIRE DISTRICT - LIAISON TO BOARD OF DIRECTORS Council Representative: Karen Comstock | Staff Repor t By: Linda Reich Meeting Date: February 12, 2025
Liaison Reports to the Fire District – Chino Council Member Karen Comstock reported that she would continue 13 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 3

as Chino’s liaison to the Fire District. She provided information on upcoming City of Chino programs and events.

Award of Construction/Project Management and Inspection Services Contract for Fire Station 68 – The Board approved the award of RFP No. 2024 -02 Construction/Project Management & Inspection Services for Fire Station 68 Project to Transtech Engineers, Inc. in an amount not to exceed $944,520 and authorized a project contingency of up to 10% of the bid award in the event of contract modifications requested by CVFD.

Award of Professional Services Agreement for Strategic Plan – The Board approved a Professional Services Agreement with Citygate for $49,901 to develop a Strategic Plan for CVFD.

Side Letter Agreement with the Chino Valley Professional Firefighters – The Board approved a Side Letter Agreement between CVFD and Chino Valley Prof essional Firefighters, Local 3522 pertaining to employer -paid member contributions to comply with public employees' retirement law.

Next anticipated meeting date: March 12, 2025

CHINO VALLE Y UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: February 20, 2025
Closed Session – By a vote of 4 -0 (Na absent), the Board directed Advocates for Faith and Freedom, legal counsel, to initiate legal action to challenge the ruling in the Freedom From Religion Foundation lawsuit. It also authorized and directed legal counsel to pursue further litigation on the matter, including, but not limited to, filing petitions and motions and taking the necessary legal steps to ensure the constitutional questions presented in the case are addressed before the court.

Action Items – Resolution 2024/2025-52, Opposing the Adoption of SCAQMD Proposed Amended Rules 111 and 1121, requiring the phasing out and replacement of gas furnaces and water heaters with electric ones in residential and commercial facilities, was adopted 4-0 (Na absent).

Next anticipated meeting date: March 20, 2025
CHINO VALLEY UNIFIED SCHOOL DISTRICT – MEASURE G OVERSIGHT COMMITTEE Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: April 30, 2025
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher Meeting Date: February 11, 2025
CIM Count increased by 101 to a total population of 2,265, which is well below its capacity of 2,977. The prison continued to focus on inmate programs, including tattoo removal, a satellite Cal State LA Campus, and various therapy programs. The 50-bed mental health facility in the formerly deactivated D Yard is slated for completion in October 2025. The inmate population collected over $2,500 to donate to the Red Cross for fire victims. 14 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 4

Next anticipated meeting date: April 8, 2025

INLAND EMPIRE UTILITIES AGENC Y REGIONAL SEWERAGE COMMITTEE Council Representative: Curtis Burton | Staff Report by: Benjamin Orosco Meeting Date: February 6, 2025
Informational Items
Equivalent Dwelling Unit (EDU) Computations for New Sewer Connections:

A new standard fixture valve schedule was presented at the Sewer Technical Committee meeting, and the committee recommended forwarding it to the Regional Sewer Committee for consideration before passing it on to the Inland Empire Utilities Agency Board for approval. The proposed fixture valve schedule is similar to the City of Chino’s standard fixture schedule used in its building permit process.

Rate-Setting Process and Schedule:

The committee presented the rate -setting process and scheduled calendar dates. Rate increases will be released by the end of day on February 27, 2025, and will cover a two-year period, with a five-year rate study to follow. The rate increases under consideration include:
 Equivalent Dwelling Unit (EDU) fees
 Recycled water fees
 Meter equivalent units (domestic water fees)

The rate study will be presented to the Inland Empire Utilities Agency (IEUA) Board on April 16, 2025.

Next anticipated meeting date: March 6, 2025
LEAGUE OF CALIFORNIA CITIES – INLAND EMPIRE DIVISION
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: March 20, 2025

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: February 5, 2025
The Board received a quarterly update on marketing and outreach efforts. Staff visited 9 cities at 15 events , including a booth at Chino’s Senior Health Fair.

The Board also authorized the Board to call for a public hearing regarding a proposed service change. One proposed change would be to eliminate Route 300 SB Connect, which provides a last-mile shuttle between the San Bernardino Transit Center and employment locations in downtown San Bernardino. The proposed route elimination is due to low ridership. Th e other change is a proposed service increase to Route 380 ONT Connector, another last-mile shuttle connecting the Onta rio International Airport to the Rancho Cucamonga Metrolink Station. The service increase would add weekday service and extend weekend service to better 15 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 5

synchronize with Metrolink’s San Bernardino Line train schedule. The service change is expected to improve ridership and cost recovery. The proposed changes require a public hearing per Omnitrans policy and Title VI regulations. Three outreach events , which include physical outreach and virtual meetings, are planned to discuss the proposed changes and solicit feedback.

Next anticipated meeting date: March 5, 2025

ONTARIO INT ERNATIONA L AIRPORT AUTHORITY (OIAA)

INTER -AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Christopher Flores | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS
Staff Report By: Rogelio Huerta
Meeting Date: February 11, 2025
No current items to report.

Meeting Date: February 25, 2025
Animal Services – The San Bernardino County Board of Supervisors solidified a regional partnership to enhance animal care services. Under Item No. 30, the Board unanimously approved an agreement with the cities of Ontario and Chino to establish the Animal Resource Center of the Inland Empire. This newly formed agency will integrate animal control and shelter services, providing a unified approach to animal welfare across the region.

This collaborative effort represents a significant stride in ensuring residents have access to high-quality, cost- effective animal care, benefiting the communities of Chino and the broader Inland Empire.

Next anticipated meeting date: March 11, 2025

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Christopher Flores | Staff Report by: Xo chitl Huerta No meeting during this reporting period.

Next anticipated meeting date: April 16, 2025

SAN BERNARDINO CO UNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: February 5, 2025
10-Year Delivery Plan – The Board received an update to SBCTA’s 10-Year Delivery Plan. Included in the update was the recent completion of the State Route 60 (SR-60) Central Avenue Bridge Project in Chino. The plan also includes a future SR -60 / Euclid Avenue Interchange Improvement project estimated to begin in fiscal year 2027/2028. No other projects listed in the current plan are near the Chino area.

Measure I – The Board received a presentation regarding a future Measure I ordinance and expenditure plan. 16 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 6

Modifications to the ordinance would include changing the measure to be evergreen with no expiration date.

Other considerations include streamlining current processes, clarifying language, and simpler categorization of project type into Local Mobility, Regional Mobility, and Operations . The ordinance changes would need to go to the voters for approval. The presentation was complemented by remarks from Paul Granillo, President of the Inland Empire Economic Partnership, who spoke about the private sector ’s support for the renewal of Measure I.

Next anticipated meeting date: March 5, 2025
SBCTA – CITY SELECTION COMMITTEE
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( SCAG ) – GENERAL ASSEMBLY Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: May 1-2, 2025

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Karen Comstock | Staff Report by: Benjamin Orosco Meeting Date: February 4, 2025
No meeting during this reporting period. A meeting cancellation notice was sent on January 28.

Next anticipated meeting date: April 1, 2025

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Curtis Burton | Staff Report by: Benjamin Orosco No meeting during this reporting period.

Next anticipated meeting date: March 20, 2025

ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE JOINT POWERS AUTHORITY Council Representative: Curtis Burton | Staff Report by: Rogelio Huerta Meeting Date: February 6, 2025
Temporary Animal Services Center Construction
 The Board awarded a construction contract to JRH Construction Company, Inc. for $3,411,763, with a 10% contingency, for the Temporary Animal Services Center.

Furniture and Equipment Purchases
 A cooperative purchase agreement with Info -Com Business Products was approved for furniture purchase and installation, totaling $113,953.
17 MONTHLY AGENCY REPORTS – APRIL 15, 2025 (Covering Meetings from 2/1/25 – 2/28/25) PAGE 7

 A Goods and Services Agreement with Midmark Corporation was approved for animal services equipment, and furniture purchase and installation, totaling $1,508,870.

Administrative Matters
 The Board discussed and considered changing the Joint Powers Authority logo.  The Board approved the establishment of a future ad hoc committee to design the permanent Animal Services Center. They approved the appointment of two Directors (Burton & Porada) or Alternate Directors to that ad hoc committee.

Next anticipated meeting date: March 06, 2025

WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Representative: Chris topher Flores | Staff Report by: Vivian Castro Meeting Date: February 25, 2025
Board Trustees – James Breitling and Ashley Stickler were sworn in as the new WVMVCD Trustees representing the cities of Upland and Rancho Cucamonga, respectively.

Adoption of Resolution No. 2025 -01 – The Board adopted Resolution No. 20 25-01, approving the District Financial Reserve Policy to maintain a minimum unassigned fund balance of not less than 20% of the budgeted general fund expenditures as a reserve for eco nomic uncertainties and vector -borne disease epidemic uncertainties.

FY 2024 -25 Mid-Year Budget Adjustments – The Board approved adjustments to the budget , resulting in a

1.01% change in the total budget, primarily the result of higher than anticipated investment returns, expanded vector control work at CIM, inflationary increases for fringe benefits and vehicle repair and equipment purchase costs.

Update of Personnel Policies – The Board approved updating the District’s personnel policies, including adding a Workplace Violence Prevention Plan.

Staff Reports – Reports were provided for November 2024 (Field Operations, Vector Disease and Surveillance, and IT/Community Outreach Activities ), December 2024 (Field Op erations and IT/Community Outreach Activities), and January 2025 (Field Operations, IT/Community Outreach Activities, Administrative). The January Field Operations report included information on a January 24 meeting with the City of Chino Development Services Department to review procedures for unmaintained pools. Interagency cooperation to resolve public health issues in the city was discussed.
2024 Annual Reports – The annual report for 2024, which summarizes the activities from the monthly reports, was presented, with information from 2023 included for comparison.

Election of Board Officers and Committee Selection – The Board voted to retain the current officers (Paul Leon, President; Gary George, Vice-President; Carolyn Raft, Secretary). Trustee Brian Johsz and Vice-President George were both assigned to the Finance and Budget Committee and the Personnel Committee. The Insurance Committee assignments were tabled until the next meeting.

Next anticipated meeting date: March 25, 2025
18 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 775018 to 775115, and Electronic Fund Transfers 524106E to 524155E, totaling $2,297,515.22 ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 Adopted Budget.

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

Revenue:

Expenditure:
19 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS CHECK DATE FY AMOUNT

1. 775018 – 775115 3/27/25 24-25 $491,614.58

2. 524106E – 524155E 3/28/25 24-25 $1,805,900.64

TOTAL $2,297,515.22

E: Electronic Fund Transfers

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

Attachment

20 Council Meeting 4/15/25

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

Check
Number
Check
Date Vendor Name Description Amount
775018 03/27/25 ALESHIRE & WYNDER LLP LEGAL SERVICES - HR $57,206.26 775052 INLAND EMPIRE ESCROW

HOME IMPROVEMENT
CALHOME LOAN $55,690.00
775111 WASTE MANAGEMENT

LANDFILL/ORGANICS/ADDITION
AL W $89,271.28
524119 3/28/25 CCS FACILITY SERVICES CUSTODIAL SERVICES $75,895.56 524126 GLASS BOX TECHNOLOGY COMMUNICATION EQUIPMENT $96,867.80 524134

INLAND EMPIRE UTILITIES
AGENCY RECYCLED WATER $942,489.31
524135

HUMANE SOCIETY OF
POMONA VALLEY ANIMAL SERVICES $65,463.00
524139

MERCHANTS LANDSCAPE
SERVICES, INC. LANDSCAPE MAINTENANCE $50,413.02
524153

WATER FACILITIES
AUTHORITY WATER PURCHASE $165,354.06
524155 YUNEX

TRAFFIC SIGNAL
MAINTENANCE $182,607.34

10 TOTAL $1,781,257.63

21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

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

22 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
TUESDAY, APRIL 1, 2025

MINUTES
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The April 1, 2025, Regular Meeting of the City Council / Successor Agency to the Redevelopment Agency was called to order at 5:01 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C.

Comstock, and Council Member Marc Lucio
ABSENT: Council Member Christopher Flores

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9; Number of Cases: One Case

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: US ex rel. Hendrix v. J -M Manufacturing Co., Inc. (C.D. Cal., Case No. 06-00055(GW))
The City Council recessed to Closed Session at 5:02 p.m. and concluded at 5:30 p.m. The City Council reconvened the meeting at 6:00 p.m.

FLAG SALUTE
Council Member Lucio led the Pledge of Allegiance.
23 CHINO CITY COUNCIL
APRIL 1, 2025 2

CEREMONIALS
Proclamations
Arbor Day - Proclaim April 4, 2025, as Arbor Day in the City of Chino in accordance with National Arbor Day Foundation.

Mayor Ulloa read into the record the Proclamation designating April 4, 2025 as Arbor Day in Chino. Steve Lewis, Chino Youth Museum President, Nancy Lewis, Chino Youth Museum Vice President, and Sal Parra, Chino Public Works Supervisor, accepted the Proclamation.

Autism Awareness Month - Proclaim April 2025 as Autism Awareness Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2025 as Autism Awareness Month in Chino. Clara Garcia, Director of Programs, Autism Society Inland Empire, Felicia Guzman, CEO/Founder, Adrian's Word, Inc, and Ted Bistarky, CSPR Manager, accepted the Proclamation.

Child Abuse Prevention Month. - Proclaim April 2025 as Child Abuse Prevention Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2025 as Child Abuse Prevention Month in Chino. Jonathan Byers, Assistant Director, Children's Network, and Michelle Meza, CSPR Coordinator, accepted the Proclamation.

Presentations
Chino Police Department Annual Department Awards - Recognition of Police Officer of the Year Parwaiz Hussainian, Professional Staff Member of the Year Public Safety Dispatcher Jennifer Latham, and Volunteer of the Year Police Explorer Emma Rivera.

Mayor Ulloa called up Police Chief Kevin Mensen who introduced Police Officer of the Year Parwaiz Hussainian, Professional Staff Member of the Year Public Safety Dispatcher Jennifer Latham, and Volunteer of the Year Police Explorer Emma Rivera. Mayor Ulloa presented certificates of recognition to the award recipients.

Business of the Month - Award of Business of the Month for April 2025 to Christian Printing Service.

Mayor Ulloa announced the April 2025 Business of the Month Award recipient, Christian Printing Service, who was unable to attend the meeting, but ensured staff will deliver their award.

San Antonio Regional Hospital Presentation. Regional Healthcare Update Presentation from John Chapman, President and CEO of San Antonio Regional Hospital.

Heather Raymond, Chief Marketing and Communications Officer at San Antonio Regional Hospital, provided a presentation regarding healthcare in the region.

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

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9; Number of Cases: One Case
24 CHINO CITY COUNCIL
APRIL 1, 2025 3
The City Council received a briefing, provided unanimous direction, and no further reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: US ex rel. Hendrix v. J -M Manufacturing Co., Inc. (C.D. Cal., Case No. 06-00055(GW))
Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to approve the withdrawal and dismissal of the City of Chino from the case. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES

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

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

Chino Days is April 5 -6, 2025, at the Chino Civic Center, 13220 Central Avenue. For information, visit cityofchino.org/chinodays.

Easter Bunny Extravaganza is Saturday, April 12, 2025 at the Chino Youth Museum, 13191 Sixth Street. To register, visit chinoyouthmuseum.com.

Kiwanis Corn Feed Run Car Show & Cruise is on Saturday, April 26, 2025, from 8:00 am to 3:00 pm at Chino City Hall. For information, visit chinokiwanis.com.

PUBLIC COMMENTS
Pastor JD Hettema, Echo Church, provided the invocation.

Maureen Mendoza spoke regarding the Animal Resource Center agenda posting process and veterinary services.

Savanna Owen, Ontario Christian High School student, provided an introduction.

INFORMATION
Fire Hazard Severity Zones. Receive information from the Chino Valley Fire District regarding the Fire Hazard Severity Zones presented by Fire Marshal Danielle O'Toole.

Fire Marshal Danielle O'Toole, Chino Valley Fire District, provided a presentation regarding the Fire Hazard Severity Zone Map Updates. Ms. O'Toole shared the public comment period related to the adoption of the fire hazard severity zone maps will be open from April 1 - April 30, 2025 and shared the webpage https://chinovalleyfire.org/fire -hazard-severity-zone-map for more public information.
25 CHINO CITY COUNCIL
APRIL 1, 2025 4

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 774797 to 775017, and Electronic Fund Transfers 524005E to 524105E, totaling $3,608,384.34

2. Minutes. Regular Meeting Minutes for March 18, 2025 (All Members Present).

4. Home Improvement Policy Update. Approve updates to the City of Chino Home Improvement Policy Program.

5. 2024 General Plan and Housing Element Annual Report. Receive and file the 2024 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.

6. Chino Preserve Development Corporation - Final Map, Subdivision Improvement Agreement, and Construction Reimbursement Agreement for Tract Map No. 16420 -6 (Block 11). Approve Final Map, Subdivision Improvement Agreement, and Construction Reimbursement Agreement for Tract Map No. 16420-6 (Block 11), generally located generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to approve the Consent Calendar items 1-6 as presented. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES

PUBLIC HEARING

7. Community Development Block Grant (CDBG) FY 2024 -25 Action Plan - Substantial Amendment. Adoption of Resolution 2025 -010 Fiscal Year 2024-25 Substantial Amendment to the Community Development Block Grant (CDBG) Action Plan.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution 2025 -010, approving the substantial amendment to the City of Chino's FY 2024 -25 Annual Action Plan for the Community Development Block Grant (CDBG) Program; 3) transfer $298,868.65 in Fund 350 allocated funds from project PF253 to project SN240; 4) authorize the City Manager to execute all required documents pertaining to the amendment; and 5) approve submission of the amendment to the United States Department of Housing and Urban Development (HUD).

Mayor Ulloa opened the public hearing.

Traci Rossetti-Smith, Senior Management Analyst provided a report on the item.

Mayor Ulloa inquired about the replacement of the community garden pumpkin patch project with the ally way project, and City Manager Reich clarified that due to the lack of a waitlist at the Chino Community Garden, the alley project become a priority. 26 CHINO CITY COUNCIL
APRIL 1, 2025 5
There being no requests to address the City Council on the item, Mayor Ulloa closed the public hearing.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to 1) Conduct a Public Hearing; 2) adopt Resolution 2025 -010, approving the substantial amendment to the City of Chino's FY 2024 -25 Annual Action Plan for the Community Development Block Grant (CDBG) Program; 3) transfer $298,868.65 in Fund 350 allocated funds from project PF253 to project SN240; 4) authorize the City Manager to execute all required documents pertaining to the amendment; and 5) approve submission of the amendment to the United States Department of Housing and Urban Development (HUD). The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES

NEW BUSINESS

8. Fiscal Year 2024 -25 Midyear Budget Review. Adopt Resolution No. 2025 -012 to Approve the Midyear Budget Adjustments for Fiscal Year 2024-25.

Staff Report By: Linda Reich, City Manager and Kim Sao, Director of Finance RECOMMENDATION: Adopt Resolution No. 2025 -012, authorizing the Midyear Budget adjustments for FY 2024-25 as detailed in the attached Exhibits A, B, and C.

City Manager Reich introduced Finance Director Kim Sao.

Finance Director Kim Sao provided an introduction and a presentation on the item.

Mayor Pro Tem Burton welcomed Ms. Sao and thanked the Finance Department Staff.

Mayor Ulloa spoke regarding the current budget impacts and future outlook related to the reduction in development fees. She noted the need to re -analyze the fiscal position as the City reaches build out to ensure financial stability for large projects moving forward.

Council Member Comstock requested the City Council be provided the mid -year budget information as soon as possible in the future to help make better decisions.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to adopt Resolution No. 2025-012, authorizing the Midyear Budget adjustments for FY 2024 -25 as detailed in the attached Exhibits A, B, and C. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES

9. Abatement Payment - California Department of Transportation (CalTrans) for the Pine Avenue Connector Project ST061. Approve an abatement payment to the California Department of Transportation (CalTrans) for the Pine Avenue Connector Project ST -061 in the amount of $1,529,549.

Staff Report By: Hye Jin Lee, Director of Public Works
27 CHINO CITY COUNCIL
APRIL 1, 2025 6
RECOMMENDATION: 1) Appropriate $985,421 to the Transportation Fund backfilled by General Fund; 2) approve the abatement payment to the California Department of Transportation (Caltrans) for the Pine Avenue Connector Project ST061 in the amount of $1,529,549; 3) establish a new Capital Improvement Project No. ST261 for the Pine Avenue Connector / Bridge Project, formally closing out Pine Avenue Connector Project ST061; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Sylvia Ramos, Contracts & DIF Administrator provided a presentation on the item.

Council Member Lucio emphasized the need for staff to stay vigilant with contracts and underscored the significance of the project, stressing the importance of meeting grant deadlines and staying on course.

Mayor Pro Tem Burton expressed gratitude to Director of Public Works Lee for assisting in aligning the findings and ensuring the project remains on track.

Council Member Comstock voiced concern while acknowledging the complexity of the project, noting despite its challenges, it is a critical component for the City and will require significant time and regional collaboration. She thanked the staff for presenting the project and extended her appreciation to Congresswoman Torres for her advocacy.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to 1) Appropriate $985,421 to the Transportation Fund backfilled by General Fund; 2) approve the abatement payment to the California Department of Transportation (Caltrans) for the Pine Avenue Connector Project ST061 in the amount of $1,529,549; 3) establish a new Capital Improvement Project No. ST261 for the Pine Avenue Connector / Bridge Project, formally closing out Pine Avenue Connector Project ST061; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the Salute to Public Safety; meeting with President and CEO John Chapman and Heather Raymond from San Antonio Community Hospital; Michel Plaa's Funeral Service; Omnitrans Board of Directors workshop; State of the City filming; Chino Rancho Park Grand Opening; wished Mayor Pro Tem Burton a Happy Birthday; City Manager Meeting; and Closed session.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the following meetings and events including the Animal Resource Center meeting; Water Facilities Authority Board meeting; Salute to Public Safety; Inland Empire Utilities Agency rate setting meeting; Chino Basin Watermaster Board meeting; State of the City filming; Chino Desalter Authority Finance Committee meeting; Chino Rancho Park Grand Opening; City Manager meeting; and Closed Session. 28 CHINO CITY COUNCIL
APRIL 1, 2025 7
Council Member Comstock

10. Community Support Fund - Council Member Comstock. Approve a community support fund contribution to various nonprofit organizations.

Staff Report By: Council Member Comstock
RECOMMENDATION: Approve a community support fund contribution of $250 to Boy Scout Troop 201, $500 to Chino American Little League, $250 to Chino Boxing Club, $500 to Chino Girls Fastpitch Softball, $250 to Chino Neighborhood House, $250 to Chino Police Officers’ Foundation for the Run for Russ 5K/Walk, $250 to Chino Police Explorer Post #211, $250 to Chino Pop Warner, $250 to Isaiah’s Rock, $250 to Chino Kiwanis Club for the Kiwanis Corn Feed Run, and $250 to UCHOOZ Positive Youth.

Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to Approve a community support fund contribution of $250 to Boy Scout Troop 201, $500 to Chino American Little League, $250 to Chino Boxing Club, $500 to Chino Girls Fastpitch Softball, $250 to Chino Neighborhood House, $250 to Chino Police Officers' Foundation for the Run for Russ 5K/Walk, $250 to Chino Police Explorer Post #211, $250 to Chino Pop Warner, $250 to Isaiah's Rock, $250 to Chino Kiwanis Club for the Kiwanis Corn Feed Run, and $250 to UCHOOZ Positive Youth. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, AND LUCIO
NOES: NONE.

ABSENT: FLORES
Council Member Comstock reported on the following meetings and events including League of California Cities Inland Empire meeting; City Manager meeting; State of the City filming; CSPR Commission meeting; congratulated the Chino Police Department awardees; asked Police Chief Mensen to announced the Autism Police Patch fundraiser; thanked Maureen Mendoza for her Animal Resource Center comments; announced the recent passing of former Chino Superior Court Judge Raymond Youngquist, and requested the next meeting to be adjourned in his memory.

Council Member Flores
Council Member Flores had an excused absence.

Council Member Lucio
Council Member Lucio reported on the following meetings and events including Ball and Brunch at The Preserve; State of the City filming; Infrastructure/Streets Committee meeting; City Manager meeting; Closed Session; congratulated the Chino Police Department award recipients; complimented the Chino Rancho Park; and wished Mayor Pro Tem Burton a Happy Birthday.

City Manager's Report
City Manager Reich expressed gratitude to the Finance Department and Nadyne Lowry, Deputy Director of Finance, Sheri Beckett, Budget Manager, and Brittney Melo, Assistant Budget Manager for their hard work and dedication over the past several months. 29 CHINO CITY COUNCIL
APRIL 1, 2025 8
City Attorney's Report
City Attorney Galante had no report.

Police Chief's Report
Police Chief Kevin Mensen announced the Police Department special patch on sale for Autism Awareness during the month of April for $10 and are available at the Police Department front desk and at special events; announced the Safe and Sound Safety Fair on Friday, April 4; the Baker to Vegas event is taking place April 5 -6; and extended his condolences to the family of Clarissa Cano, who was tragically killed in a pursuit crash at the intersection of Mountain and Walnut Avenues.

Director's Report
There was no Director's report.

Fire Chief's Report
Battalion Chief Bryan Turner reported the Chino Valley Fire District will participate in the Safe and Sound event on April 4, 2025 and Chino Days April 5 -6, 2025; provided updates regarding Community Emergency Response Team CERT training; reported on mutual aid to the Owens Valley for assistance with the Silver Fire; and reported on annual wildfire training.

ADJOURN
The meeting adjourned at 7:57 p.m. The next Regular Meeting of the City Council will be held on Tuesday, April 15, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 15TH DAY OF APRIL 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
30 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

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

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2024-25 Operating Budget.

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
31 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

32 Exhibit A - Elected City Officials' Travel, Training and Meeting Report Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.

33 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Report on Priority State and Federal Legislative Issues. ..end

RECOMMENDATION
Receive and file the April 15 , 2025 Priority Legislative Items Report, the Tracked State Legislation Report, and the Report on City Position Letters. ..body

FISCAL IMPACT
There is no fiscal impact.

34 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: REPORT ON PRIORITY STATE AND FEDERAL LEGISLATIVE ISSUES.

PAGE: 2

BACKGROUND
On April 2, 2024, the City Council adopted the Citywide Legislative Policy, which details guiding principles organized around respective legislative, policy, and regulatory matters. It supplements the Citywide Strategic Plan to build an effective and flexible legislative advocacy strategy.

The Policy authorizes Staff to formulate and approve official City responses for those legislative items with potentially significant impact on the City or that create an issue of timeliness for an official response, with the qualification that the position is determined to be consistent with the City’s legislative policy.

Per the Policy, t he Committee or Staff is to report to the City Council on any updates, recommendations, or actions taken by the Committee or Staff.

ISSUES/ANALYSIS
The Priority Legislative Items Report includes legislative and go vernment relations issues of note to the City (Attachment 1).

The Tracked State Legislation Report (Attachment 2) reflects the City's position on active bills being tracked during the current state legislative session.

The Report on City Position Letters is found in Attachment 3.

35 1
CITY OF CHINO – MAJOR LEGISLATIVE ITEMS REPORT (Attachment 1) As of April 4, 2025

INFORMATIONAL ITEMS
Federal Update
 FY 2025 Federal Budget
The House passed its budget resolution on February 25 by a vote of 217 to 215. The House budget resolution would provide for a filibuster-proof reconciliation bill, which still needs to be assembled, that would aim for $2 trillion in spending cuts in exchange for $4.5 trillion in tax cuts over a decade.

The Senate is working on a budget resolution that is closer to the House-passed resolution. On Thursday, debate began on the Senate floor after a 52 -48 vote on a motion to take up the Senate budget resolution. The Senate will end debate time and proceed to the “vote -a-rama,” a series of votes on all amendments to the budget resolution – one at a time. Then, 50 votes are required to pass the measure.

The House and Senate must adopt an identical budget resolution before they can develop a budget reconciliation package. The budget reconciliation package is immune from a Senate filibuster , but its contents are limited by Senate rules to debt limit increases, tax law changes, and mandatory spending.

The budget re solution in the Senate could face challenges in the House, where fiscal hawks are concerned that the Senate resolution does not cut spending enough and will increase the federal debt.

For FY 2026, President Trump is expected to submit his full budget reque st to Congress in May , with a smaller “skinny” budget possibly released in late April. Those documents will help guide the FY 2026 appropriations process.

 President Trump’s Administration
Executive Orders – On Thursday, April 3, President Trump , invoking authority under the International Emergency Economic Powers Act of 1977 (IEEPA) , imposed a 10% tariff on all countries, taking effect April 5, 2025. On April 9, individualized higher tariffs will take effect for countries with which the United States has t he largest trade deficits. These and other Executive Orders can be found here.

The tariffs have impacted the stock market and are expected to affect the prices of items procured from the glob al supply chain, including construction materials, equipment, and components, as well as goods such as electronics and consumables, resulting in increased costs for construction projects and day -to-day operations that are likely to impact household and pri vate and public sectors budgets.

TRACKED STATE LEGISLATION REPORT (Attachment 2)
Attachment 2 provides a report on all City of Chino-tracked state legislation to date. The positions noted 36 2
on bills are based on the City Council's adopted Legislative Policy. Additional positions may be taken, or existing positions may be modified based on direction from the Legislative Committee or City Council.

POSITION LETTERS (Attachment 3)
On March 18, 2025, City Manager Linda Reich sent a letter to the Senate Natural Resources and Water Committee expressing the City’s support for Senate Bill 360 (Rubio), which was heard on March 25. The bill passed out of the committee 6-0. The committee analysis is included with Chino’s support letter.

On April 3, 2025, City Manager Linda Reich sent a letter to Senator Scott Weiner in opposition to his bill, SB 79. Copies of the letter were sent to the City’s state representatives and the League of California Cities.

CHINO CITY COUNCIL LEGISLATIVE POLICY COMMITTEE MEETING The Legislative Policy Committee is scheduled to meet on Tuesday, April 8, 2025, at 4:00 p.m. in Council Chambers.

STATE LEGISLATIVE CALENDAR
 Apr. 10 - Spring Recess begins upon adjournment.
 Apr. 21 - Legislature reconvenes from Spring Recess.
 May 2 - Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house.
 May 9 - Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house.
 May 16 - Last day for policy committees to meet prior to June 9.  May 23 - Last day for fiscal committees to hear and report to the Floor bills introduced in their house. Last day for fiscal committees to meet prior to June 9.  June 2-6 - Floor Session only. No committee may meet except Rules Committee and Conference Committees.
 June 6 - Last day for each house to pass bills introduced in that house.  June 9 - Committee meetings may resume.
 June 15 - Budget bill must be passed by midnight.
37 1
TRACKED STATE LEGISLATION REPORT (Attachment 2)
As of April 4, 2025
The Tracked State Legislation Report (Attachment 2) reflects the City's position on active bills being tracked during the current state legislative session.
38 1

As of Friday, April 4, 2025
Sorted by Subject
Governance
AB 259 (Rubio, Blanca, D) Open meetings: local agencies: teleconferences.

Current Text: 01/16/2025 - Introduced HTML PDF
Status: 02/10/2025 - Referred to Com. on L. GOV.

Summary: The Ralph M. Brown Act authorizes the legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Current law requires a member to satisfy specified requirements to participate in a meeting remotely pursuant to these alternative teleconferencing provisions, including that specified circumstances apply. Current law establishes limits on the number of meetings a member may participate in solely by teleconference from a remote location pursuant to these alternative teleconferencing provisions, including prohibiting such participation for more than 2 meetings per year if the legislative body regularly meets once per month or less. This bill would remove the January 1, 2026, date from those provisions, thereby extending the alternative teleconferencing procedures indefinitely. (Based on 01/16/2025 text)
Priority: (4) Standard
Subject: Governance

AB 1060 (Ávila Farías, D) Local government: legal fee disclosures.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Coms. on L. GOV. and JUD.

Summary: Current law requires the city attorney to advise the city officials in all legal matters pertaining to city business and to perform other legal services required from time to time by the legislative body. Current law requires a city attorney to receive compensation as is allowed by the legislative body. This bill would require all invoices for work by the city attorney, or by any other attorney who is seeking, or has sought, compensation from a city, to be made available, without redaction, to each member of the city council promptly upon that member’s request. The bill would require a member of the city council who receives an invoice to maintain the confidentiality of any confidential information contained in the invoice. (Based on 02/20/2025 text)
Position: Oppose
Priority: (3) Significant
Subject: Governance, Legal and Records Management

ACR 44 (Pacheco, D) California Cities Week.

Current Text: 02/27/2025 - Introduced HTML PDF
Status: 03/28/2025 - From committee: Be adopted. Ordered to Third Reading. (Ayes 7. Noes 0.) (March 28).

Summary: Would proclaim the week of April 20, 2025 to April 26, 2025, to be California Cities Week, and would encourage all Californians to be involved in their communities and be civically engaged with their local government. (Based on 02/27/2025 text)
Position: Support
Priority: (5) Track/Watch
Subject: Governance

39 2

SB 239 (Arreguín, D) Open meetings: teleconferencing: subsidiary body.

Current Text: 01/30/2025 - Introduced HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 2).

Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Current law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified. Current law, until January 1, 2026, authorizes specified neighborhood city councils to use alternate teleconferencing provisions related to notice, agenda, and public participation, as prescribed, if, among other requirements, the city council has adopted an authorizing resolution and 2/3 of the neighborhood city council votes to use alternate teleconference provisions, as specified. This bill would authorize a subsidiary body, as defined, to use alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. The bill would require the subsidiary body to post the agenda at the primary physical meeting location. The bill would require the members of the subsidiary body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, as specified. (Based on 01/30/2025 text)
Position: Support
Priority: (3) Significant
Subject: Governance

SB 634 (Pérez, D) Homelessness: civil and criminal penalties.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on L. GOV. and JUD.

Summary: The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Current law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Current law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation. This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes. (Based on 03/26/2025 text)
Priority: (5) Track/Watch
Subject: Governance, Human Services, Recreation, Quality of Life, Public Safety

SB 707 (Durazo, D) Open meetings: meeting and teleconference requirements.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (April 2).

Summary: Would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program. (Based on 02/21/2025 text)
Priority: (3) Significant
Subject: Governance

Human Resources
AB 339 (Ortega, D) Local public employee organizations: notice requirements.

Current Text: 01/28/2025 - Introduced HTML PDF
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Status: 03/19/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (March 19). Re-referred to Com. on APPR.

Summary: The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. Current law requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Current law requires the governing body of a public agency, and boards and commissions designated by law or by the governing body, to give reasonable written notice, except in cases of emergency, as specified, to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions. This bill would require the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, to give the recognized employee organization no less than 120 days’ written notice before issuing a request for proposals, request for quotes, or renewing or extending an existing contract to perform services that are within the scope of work of the job classifications represented by the recognized employee organization. The bill would require the notice to include specified information, including the anticipated duration of the contract. (Based on 01/28/2025 text) Position: Oppose
Priority: (3) Significant
Subject: Human Resources, Public Safety

AB 340 (Ahrens, D) Employer-employee relations: confidential communications.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/19/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 19). Re-referred to Com. on APPR.

Summary: Current law that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of current law further prohibit denying to employee organizations the rights guaranteed to them by current law.

This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. (Based on 03/05/2025 text) Position: Oppose
Priority: (4) Standard
Subject: Human Resources

AB 465 (Zbur, D) Local public employees: memoranda of understanding.

Current Text: 03/13/2025 - Amended HTML PDF
Status: 04/02/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 2). Re-referred to Com. on APPR.

Summary: The Meyers-Milias-Brown Act authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations and defines various terms for these purposes. The act prohibits a public agency from, among other things, refusing or failing to meet and negotiate in good faith with a recognized employee organization. Current law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs. This bill would require, on or after January 1, 2026, a memorandum of understanding between a public agency and a recognized employee organization to include specified provisions including, among other things, a provision providing for a system of progressive discipline that grants due process to an employee when they are disciplined, upon the request of the recognized employee organization. The bill would define “progressive discipline” and “due process” for this purpose. (Based on 03/13/2025 text) Position: Oppose
Priority: (3) Significant
Subject: Human Resources

AB 1109 (Kalra, D) Evidentiary privileges: union agent-represented worker privilege. 41 4

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/13/2025 - Referred to Com. on JUD.

Summary: Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client, physician-patient, and psychotherapist-patient relationship, as specified. Under existing law, the right of any person to claim those evidentiary privileges is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure. This bill would establish a privilege between a union agent, as defined, and a represented employee or represented former employee to refuse to disclose any confidential communication between the employee or former employee and the union agent made while the union agent was acting in the union agent’s representative capacity, except as specified. The bill would permit a represented employee or represented former employee to prevent another person from disclosing a privileged communication, except as specified. The bill would further provide that this privilege may be waived in accordance with existing law and does not apply in criminal proceedings. (Based on 02/20/2025 text) Position: Oppose
Priority: (3) Significant
Subject: Human Resources

SB 431 (Arreguín, D) Assault and battery: public utility employees and essential infrastructure workers.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/01/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 1). Re-referred to Com. on APPR.

Summary: Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would make an assault or battery committed against an employee of a public utility or a worker engaged in essential infrastructure work, as defined, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of these crimes, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/24/2025 text)
Position: Support
Priority: (4) Standard
Subject: Human Resources

Human Services, Recreation, Quality of Life
SB 360 (Rubio, D) Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino.

Current Text: 02/13/2025 - Introduced HTML PDF
Status: 03/28/2025 - Set for hearing April 7.

Summary: The California Wildlife, Coastal, and Park Land Conservation Act, an initiative measure approved by the voters in the June 7, 1988, statewide primary election, provided bond funds for wildlife, coastal, and parkland conservation. Current law requires an applicant receiving state funds under the act to maintain any property acquired in perpetuity, as specified, and use the property only for the purposes stated in the act and to make no other use, sale, or other disposition of the property except as authorized by a specific act of the Legislature. Current law authorizes the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds if it meets certain conditions. Among those conditions, existing law requires the county to preserve all lands and conservation easements acquired or dedicated as authorized by the act in perpetuity for open-space conservation purposes or agricultural preservation, and specifies that open-space conservation includes community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat. This bill would additionally authorize preservation of those lands or easements for park and recreational purposes, and would explicitly include, to the extent they are consistent with the purposes of the act, playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources as appropriate purposes. (Based on 02/13/2025 text) Position: Support
Priority: (2) Priority
Subject: Human Services, Recreation, Quality of Life

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SB 634 (Pérez, D) Homelessness: civil and criminal penalties.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on L. GOV. and JUD.

SR 15 (Ochoa Bogh, R) Relative to the “2-1-1” information and referral service.

Current Text: 02/28/2025 - Enrolled HTML PDF
Status: 02/27/2025 - Read. Adopted. (Ayes 36. Noes 0.)
Summary: Would resolve that he Senate hereby proclaims the month of February 2025 as 2-1-1 Month and the day of February 11, 2025 as 2-1-1 Day to promote and strengthen the 2-1-1 service in providing Californians with free and confidential referrals to needed resources. Resolved, That the Senate commits to supporting the 2-1-1 service and infrastructure so that all Californians have equitable access to this critical service that provides resource connections regarding support for poverty, housing, family and children, aging and disability, health equity, and disasters. Resolved, That the Senate encourages all Californians to be aware of the 2-1-1 service and look up their local 2-1-1 service provider on the internet at 211.org (Based on 02/28/2025 text)
Priority: (6) Info only
Subject: Human Services, Recreation, Quality of Life

Legal and Records Management
AB 538 (Berman, D) Public works: payroll records.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/19/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 19). Re-referred to Com. on APPR.

Summary: Current law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Current law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Current law requires certified copies of records to be available upon request by the public and sets forth a process for the public to request the records either through the awarding body or the Division of Labor Standards Enforcement. Current law makes any contractor, subcontractor, agent, or representative who neglects to comply with the requirements to keep accurate payroll records guilty of a misdemeanor. This bill would require the awarding body, if a request is made by the public through the awarding body and the body is not in possession of the certified records, to obtain those records from the relevant contractor and make them available to the requesting entity. The bill would authorize the Division of Labor Standards Enforcement to enforce certain penalties if a contractor fails to comply with the awarding body’s request within 10 days of receipt of the notice. (Based on 02/11/2025 text)
Position: Oppose
Priority: (4) Standard
Subject: Legal and Records Management

AB 712 (Wicks, D) Housing reform laws: enforcement actions: fines and penalties.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/11/2025 - Re-referred to Com. on H. & C.D.
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Summary: Current law within the Planning and Zoning Law describes various reforms and incentives enacted by the Legislature to facilitate and expedite the construction of affordable housing. Current law within the Planning and Zoning Law, in certain civil actions or proceedings against a public entity that has issued specified approvals for a housing development, authorizes a court to award all reasonably incurred costs of suit to a prevailing public entity or nonprofit housing corporation that is a real party in interest and the permit applicant of the low- or moderate-income housing if the court makes specified findings. This bill, where the applicant for a housing development is a prevailing party in an action brought by the applicant to enforce a housing reform law against a public agency, would entitle an applicant for a housing development project to reasonable attorney’s fees and costs and would require a court to impose fines on a local agency, as specified. The bill would prohibit a public agency from requiring the applicant to indemnify, defend, or hold harmless the public agency in any action alleging the public agency violated the applicant’s rights or deprived the applicant of the benefits or protection provide by a housing reform law. (Based on 03/10/2025 text) Priority: (5) Track/Watch
Subject: Legal and Records Management, Planning, Land Use, Housing

AB 1060 (Ávila Farías, D) Local government: legal fee disclosures.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Coms. on L. GOV. and JUD.

Municipal Funding and Procurement
AB 262 (Caloza, D) California Individual Assistance Act.

Current Text: 04/03/2025 - Amended HTML PDF
Status: 04/03/2025 - From committee chair, with author's amendments: Amend, and re-refer to Com. on E.M. Read second time and amended.

Summary: The California Disaster Assistance Act requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. This bill would require the director, in administering that act, to prioritize local agencies that are not eligible for federal funding, pursuant to specified federal regulation, due to the agency’s inability to meet minimum damage thresholds. This bill would also enact the California Individual Assistance Act to establish a grant program to provide financial assistance to local agencies, community-based organizations, and individuals for specified costs related to a disaster, as prescribed. (Based on 04/03/2025 text)
Priority: (6) Info only
Subject: Municipal Funding and Procurement, Public Safety

AB 330 (Rogers, D) Local Prepaid Mobile Telephony Services Collection Act.

Current Text: 01/27/2025 - Introduced HTML PDF
Status: 03/17/2025 - In committee: Set, second hearing. Referred to Rev. & Tax. suspense file.

Summary: The Local Prepaid Mobile Telephony Services Collection Act, until January 1, 2026, suspends the authority of a city, county, or city and county to impose a utility user tax on the consumption of prepaid communications service and any charge that applies to prepaid mobile telephony service, as defined, on access to communication services or access to local “911” emergency telephone systems, and instead requires those taxes and charges to be applied during the period beginning January 1, 2016, and ending January 1, 2026, under any local ordinance to be at specified rates.

The act requires that these local charges imposed by a city, county, or a city and county on prepaid mobile telephony services be collected from the prepaid consumer by a seller at the time of sale, as specified. Current law requires that all local charges be collected and paid to the California Department of Tax and Fee Administration pursuant to the Fee 44 7

Collection Procedures Law and be deposited into the Local Charges for Prepaid Mobile Telephony Services Fund, and be transmitted to the city, county, or city and county, as provided. This bill would extend operation of the act until January 1, 2031. (Based on 01/27/2025 text)
Position: Support
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

AB 532 (Ransom, D) Water rate assistance program.

Current Text: 04/01/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Com. on E.S & T.M.

Summary: Current law requires the Department of Community Services and Development to administer the Low Income Household Water Assistance Program in this state, and to receive and expend moneys appropriated and allocated to the state for purposes of that program, pursuant to specified described federal law. The Low Income Household Water Assistance Program was only operative until March 31, 2024. This bill would repeal the above-described requirements related to the Low Income Household Water Assistance Program. The bill would instead require, upon appropriation by the Legislature, the Department of Community Services and Development to establish and administer the California Low Income Household Water Assistance Program to provide water rate assistance to residential ratepayers of community water systems, and urban retail water suppliers that serve disadvantaged communities, as specified. (Based on 04/01/2025 text)
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Trash, Recycling, Water, Resources

AB 905 (Pacheco, D) State general obligation bonds: disclosure requirements.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 04/01/2025 - Re-referred to Com. on L. GOV.

Summary: The State General Obligation Bond Law generally sets forth the procedures for the issuance and sale of bonds governed by its provisions and for the disbursal of the proceeds of the sale of those bonds. Current law requires any state bond measure approved on or after January 1, 2004, to be subject to an annual reporting process, with the head of the lead state agency administering the bond proceeds reporting certain information about the projects being funded to the Legislature and the Department of Finance. Current law allows this information to be provided on the agency’s internet website or the state’s open data portal under certain circumstances. This bill would require a bond act for any state general obligation bond measure that is approved by voters on and after January 1, 2026, to include specified information about the objectives of the bond expenditure and related data. The bill would also require the head of the lead state agency administering the bond to post on its internet website a notification that contains, among other information, details about the programs and projects authorized to be funded by the bond. (Based on 03/28/2025 text) Priority: (4) Standard
Subject: Municipal Funding and Procurement

SB 90 (Seyarto, R) Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024: grants:
improvements to public evacuation routes: mobile rigid water storage: electrical generators.

Current Text: 03/12/2025 - Amended HTML PDF
Status: 03/12/2025 - Read second time and amended. Re-referred to Com. on N.R. & W.

Summary: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, approved by the voters as Proposition 4 at the November 5, 2024, statewide general election, authorized the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. The act makes $135,000,000 available, upon appropriation by the Legislature, to the Office of Emergency Services for a wildfire mitigation grant program to provide, among other things, loans, direct assistance, and matching funds for projects that prevent wildfires, increase resilience, maintain existing wildfire risk reduction projects, reduce the risk of wildfires to communities, or increase home or community hardening. The act provides that eligible projects include, but are not limited to, grants to local agencies, state agencies, joint powers authorities, tribes, resource conservation districts, fire safe councils, and nonprofit organizations for structure hardening of critical community infrastructure, wildfire smoke mitigation, evacuation centers, including community clean air centers, structure hardening projects that reduce the risk of wildfire for entire neighborhoods and communities, water delivery system improvements for fire suppression purposes for communities in very high or high fire hazard areas, wildfire buffers, and incentives to remove structures that significantly increase hazard risk. This bill would include in the list of eligible projects grants to the above-mentioned entities for improvements to public evacuation routes in very high and high fire hazard severity zones, mobile rigid dip tanks, as defined, to support firefighting efforts, 45 8

prepositioned mobile rigid water storage, as defined, and improvements to the response and effectiveness of fire engines and helicopters. (Based on 03/12/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

SB 346 (Durazo, D) Local agencies: transient occupancy taxes: short-term rental facilitator.

Current Text: 03/20/2025 - Amended HTML PDF
Status: 03/20/2025 - Read second time and amended. Re-referred to Com. on JUD.

Summary: Current law authorizes a local authority, by ordinance or resolution, to regulate the occupancy of a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging for a period of less than 30 days. This bill would authorize a local agency, defined to mean a city, county, or city and county, to enact an ordinance to require a short-term rental facilitator, as defined, to report, in the form and manner prescribed by the local agency, the assessor parcel number of each short-term rental, as defined, during the reporting period, as well as any additional information necessary to identify the property as may be required by the local agency. The bill would authorize the local agency to impose an administrative fine or penalty for failure to file the report, and would authorize the local agency to initiate an audit of a short-term rental facilitator, as described. The bill would require a short-term rental facilitator, in a jurisdiction that has adopted an ordinance, to include in the listing of a short-term rental any applicable local license number associated with the short-term rental and any transient occupancy tax certification issued by a local agency. (Based on 03/20/2025 text)
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Planning, Land Use, Housing

SB 549 (Allen, D) Second Neighborhood Infill Finance and Transit Improvements Act.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/24/2025 - Set for hearing May 7.

Summary: Current law authorizes the infrastructure financing plan to provide for the division of taxes levied on taxable property in the area included within the district, as specified, and authorizes the public financing authority to issue bonds by adopting a resolution containing specified provisions, including a determination of the amount of tax revenue available or estimated to be available for the payment of the principal of, and interest on, the bonds. This bill would revise NIFTI-2 to instead authorize, for resolutions adopted under that act’s provisions on or after January 1, 2026, a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate property tax revenues, and to remove the authorization for adoption of a resolution that allocates revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes. The bill would also repeal the condition that the boundaries of the enhanced infrastructure financing district are coterminous with the city or county that established the district. (Based on 02/20/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Planning, Land Use, Housing

SB 595 (Choi, R) Local government: financial reports: failure to timely submit.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/24/2025 - Set for hearing April 30.

Summary: If an officer of a local agency fails or refuses to make and file their financial report within 20 days after receipt of a written notice of the failure from the Controller, existing law requires that officer or local agency to forfeit to the state a specified amount depending on the amount of total revenue of that local agency.This bill would instead require that forfeiture if the officer fails or refuses to make and file their financial report within 10 months after the end of the local agency’s fiscal year. (Based on 02/20/2025 text)
Priority: (4) Standard
Subject: Municipal Funding and Procurement

SB 696 (Alvarado-Gil, R) Sales and Use Tax Law: exemptions: firefighting equipment.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 03/18/2025 - Set for hearing May 14.

Summary: Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes. This bill, on and after January 1, 2026, and before January 46 9

1, 2031, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, firefighting apparatus, equipment, or specialized vehicles purchased for use by a fire department, including an all-volunteer fire department, or a fire district. This bill contains other related provisions and other existing laws. (Based on 02/21/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

Planning, Land Use, Housing
AB 11 (Lee, D) The Social Housing Act.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on H. & C.D.

Summary: Current law creates a housing authority in each county or city, which functions upon the adoption of a specified resolution by the relevant governing body. Current law authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. Current law establishes various programs that provide housing assistance. This bill would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority. (Based on 12/02/2024 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 39 (Zbur, D) General plans: Local Electrification Planning Act.

Current Text: 02/25/2025 - Amended HTML PDF
Status: 02/26/2025 - Re-referred to Com. on L. GOV.

Summary: The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan for the city’s or county’s physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified.

This bill, the Local Electrification Planning Act, would require a each city, county, or city and county, on or after January 1, 2027, but no later than January 1, 2030, to prepare and adopt a specified plan, or integrate a plan in the next adoption or revision of the general plan, that includes locally based goals, objectives, policies, and feasible implementation measures that include, among other things, the identification of opportunities to expand electric vehicle charging, as specified, and includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for equitable and prioritized investments in zero-emission technologies that directly benefit these groups. For these purposes, the bill would authorize a city, county, or city and county to incorporate by reference into the general plan a previously adopted similar plan that meets the above-described requirements, as specified. (Based on 02/25/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 76 (Alvarez, D) Surplus land: exempt surplus land: sectional planning area.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 04/01/2025 - Re-referred to Com. on L. GOV.

Summary: Current law defines terms for these purposes, including, among others, “surplus land” to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Current law defines “exempt surplus land” to mean, among other things, land that is subject to a sectional planning area, as described, and meets specified requirements, including that at least 25% of the units are dedicated to lower income households, as specified, and that is developed at an average density of at least 10 units per acre calculated with respect to the entire sectional planning area.

This bill would change those requirements so that at least 25% of units that are not designated for students, faculty, or staff of an academic institution must be dedicated to lower income households, as specified, and that the land must be developed at an average density of at least 10 units per acre, in accordance with certain requirements and calculated with respect to the entire sectional planning area and inclusive of housing designated for students, faculty, and staff of an academic institution. (Based on 03/28/2025 text)
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Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 98 (Jackson, D) State property: Lake Perris Fairgrounds.

Current Text: 01/07/2025 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on G.O.

Summary: Current law authorizes the Director of General Services to execute grants to real property belonging to the state in the name and upon behalf of the state, whenever the sale or exchange of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to execute the grants. This bill would require the director to quitclaim to the City of Moreno Valley, at no cost to the city, all interests of the state in 11 parcels of land located within the Lake Perris Fairgrounds that consist mainly of undeveloped open-space land. The bill would require the City of Moreno Valley to use the land to conduct wildfire mitigation to ensure fire protection for residents and businesses, to increase open-space opportunities, and any other similar use the City of Moreno Valley deems necessary. (Based on 01/07/2025 text)
Priority: (6) Info only
Subject: Planning, Land Use, Housing

AB 253 (Ward, D) California Residential Private Permitting Review Act: residential building permits.

Current Text: 03/13/2025 - Amended HTML PDF
Status: 04/02/2025 - In Senate. Read first time. To Com. on RLS. for assignment.

Summary: Current law authorizes a county’s or city’s governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. This bill, the California Residential Private Permitting Review Act, would require a county’s or city’s building department to prepare a residential building permit fee schedule and post the schedule on the county’s or city’s internet website, if the county or city prescribes residential building permit fees. (Based on 03/13/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 306 (Schultz, D) Building regulations: state building standards.

Current Text: 03/12/2025 - Amended HTML PDF
Status: 04/02/2025 - In Senate. Read first time. To Com. on RLS. for assignment.

Summary: Current law establishes the Department of Housing and Community Development (department) in the Business, Consumer Services, and Housing Agency. The California Building Standards Law establishes the California Building Standards Commission (commission) within the Department of General Services. Current law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code (code). The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. Current law requires, among other things, the building standards adopted and submitted by the department for approval by the commission, as specified, to be adopted by reference, with certain exceptions. Current law authorizes any city or county to make changes in those building standards that are published in the code, including to green building standards. Current law requires the governing body of a city or county, before making modifications or changes to those green building standards, to make an express finding that those modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions. This bill would, from June 1, 2025, until June 1, 2031, inclusive, prohibit a city or county from making changes that are applicable to residential units to the above-described building standards unless a certain condition is met, including that the commission deems those changes or modifications necessary as emergency standards to protect health and safety. (Based on 03/12/2025 text) Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing

AB 357 (Alvarez, D) Coastal resources: coastal development permit: exclusions.

Current Text: 01/30/2025 - Introduced HTML PDF
Status: 02/18/2025 - Referred to Com. on NAT. RES.

Summary: The Coastal Act of 1976, which is administered by the California Coastal Commission, requires a person wishing to perform or undertake any development in the coastal zone to obtain a coastal development permit. Current law excludes a specified power facility from this provision. This bill would also include, as part of that exclusion, student housing projects and faculty and staff housing projects, as defined. (Based on 01/30/2025 text) Priority: (6) Info only
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Subject: Planning, Land Use, Housing

AB 424 (Davies, R) Alcohol and other drug programs: complaints.

Current Text: 03/19/2025 - Amended HTML PDF
Status: 03/20/2025 - Re-referred to Com. on Health.

Summary: Would, when the Department of Health Care Services receives a complaint against a licensed alcohol or other drug recovery or treatment facility, or a complaint alleging that a facility is unlawfully operating without a license, from a member of the public, require the department to provide, within 30 10 days of the date of the complaint, notice to the person filing the complaint that the complaint has been received and to provide, upon closing the complaint, notice to the person filing the complaint that the complaint has been closed and whether the department found the facility to be in violation of the provisions governing facility licensure and regulation. (Based on 03/19/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 492 (Valencia, D) Alcohol and drug programs: licensing.

Current Text: 02/10/2025 - Introduced HTML PDF
Status: 04/02/2025 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 1). Re-referred to Com. on APPR.

Summary: Would require the State Department of Health Care Services, whenever it issues a license to operate an alcohol or other drug recovery or treatment facility, to concurrently provide written notification of the issuance of the license to the city or county in which the facility is located. The bill would require the notice to include the name and mailing address of the licensee and the location of the facility. (Based on 02/10/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 507 (Haney, D) Adaptive reuse: streamlining: incentives.

Current Text: 02/10/2025 - Introduced HTML PDF
Status: 02/24/2025 - Referred to Coms. on H. & C.D. and L. GOV.

Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements, subject to specified exceptions. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation for, among other things, the preservation of exterior facades of a building that face a street, or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to meet specified affordability criteria. In this regard, the bill would require an adaptive reuse project for rental housing to include either 8% of the unit for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. (Based on 02/10/2025 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 557 (McKinnor, D) California Factory-Built Housing Law.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on H. & C.D.

Summary: The California Factory-Built Housing Law requires all factory-built housing after a specified date that is sold or offered for sale to first users within the state to bear insignia of approval issued by the department, deems that housing to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district that may be applicable to the construction of housing, as specified, and prohibits a city, city and county, county, and 49 12

district from requiring submittal of plans for any factory-built housing manufactured, or to be manufactured pursuant to these provisions, as specified. The law requires the Department of Housing and Community Development to enforce its provisions, except for in-plant inspections of the manufacture and installation of factory-built housing by local enforcement or inspection agencies, as specified. Current law requires the department to provide by regulation for the qualification and disqualification of design approval agencies to perform approval of factory-built housing plans and specification and of quality assurance agencies to perform inspections of factory-built housing. Current law makes approval by these agencies the equivalent of department approval. The law requires the department to adopt rules and regulations to interpret and make specific these provisions, as specified. The law provides that any person who violates any of these provisions and other specified law is guilty of a misdemeanor, as specified. This bill would expand the application of the California Factory-Built Housing Law to include the inspection and approval of factory-built developments, defined to mean any development project that uses factory-built housing for at least 50% of the residential square footage of the project. The bill would remove the inspection and enforcement duties on local governments and would require the department to provide by regulation for the qualification and disqualification of installation inspection agencies, as defined and specified. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 609 (Wicks, D) California Environmental Quality Act: exemption: housing development projects.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on NAT. RES.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements. This bill would exempt from the requirements of CEQA a housing development project, as defined, that meets certain conditions. The bill would require a local government, as a condition of approval for the development, to require the development proponent to complete a phase I environmental assessment, as provided.

Because a lead agency would be required to determine whether a housing development project qualifies for this exemption, the bill would impose a state-mandated local program. (Based on 03/24/2025 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 610 (Alvarez, D) Housing element: governmental constraints: disclosure statement.

Current Text: 02/13/2025 - Introduced HTML PDF
Status: 03/18/2025 - In committee: Hearing postponed by committee.

Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Current law requires the housing element to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including, among others, locally adopted ordinances that directly impact the cost and supply of residential development. Current law also requires the analysis to demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need. This bill would require the housing element to include, in addition to the above-described analysis, a governmental constraints disclosure statement, as specified. The bill would also prohibit any new or amended governmental constraint, or a more stringent revision of a governmental constraint, from being adopted during the planning, unless, among other things, it was both (1) included in the governmental constraints disclosure statement, and (2) the local government has completed all of the housing element program commitments to eliminate or mitigate governmental constraints contained in the prior and current planning periods, or the adoption of the measure is required by state or federal law and the local government has taken specified actions. By imposing new requirements upon local governments submitting a housing element, the bill would impose a state-mandated local program. (Based on 02/13/2025 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 650 (Papan, D) Planning and zoning: housing element: regional housing needs allocation.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 04/01/2025 - Re-referred to Com. on H. & C.D.

Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Current law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its 50 13

obligation to affirmatively further fair housing. The Planning and Zoning Law requires that a housing element include, among other things, a program that sets forth a schedule of actions during the planning period. Current law requires the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken pursuant to the requirement to affirmatively further fair housing. This bill would require the department to develop the above-described standardized reporting format on or before December 31, 2026. (Based on 03/28/2025 text) Position: Support
Priority: (2) Priority
Subject: Planning, Land Use, Housing

AB 660 (Wilson, D) Planning and Zoning Law: postentitlement phase permits.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on L. GOV.

Summary: The Planning and Zoning Law requires a local agency, as defined, to compile one or more lists that specify in detail the information required from any applicant for a postentitlement phase permit, as defined. Current law also establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application. If a local agency finds that a complete application is noncompliant, current law requires the local agency to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within specified time limits.

Current law requires the time limits to be tolled, if the local agency requires review of the application by an outside entity, until the outside entity completes the review and returns the application to the local agency, as specified. This bill would prohibit the local agency from requiring or requesting more than 2 plan check and specification reviews in connection with an application for a building permit, as part of its review. If the local agency fails to make a determination about whether housing development project applications are compliant within specified timeframes contract after the application is deemed complete, the bill would authorize the applicant to contract with or employ a licensed professional engineer or architect to check the plans and specifications for compliance with the permit standards at the applicant’s own expense. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 712 (Wicks, D) Housing reform laws: enforcement actions: fines and penalties.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/11/2025 - Re-referred to Com. on H. & C.D.

AB 735 (Carrillo, D) Planning and zoning: logistics use: truck routes.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 03/27/2025 - Re-referred to Com. on L. GOV.

Summary: Current law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Current law defines various terms, including “21st century warehouse,” and “tier 1 21 century warehouse,” for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Current law, subject to specified exceptions, defines “logistics use” for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. This bill would clarify that a 21st century warehouse 51 14

and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. (Based on 03/26/2025 text) Priority: (2) Priority
Subject: Planning, Land Use, Housing

AB 736 (Wicks, D) The Affordable Housing Bond Act of 2026.

Current Text: 02/18/2025 - Introduced HTML PDF
Status: 03/03/2025 - Referred to Com. on H. & C.D.

Summary: Would enact the Affordable Housing Bond Act of 2026, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and home ownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. (Based on 02/18/2025 text)
Position: Support
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 782 (Quirk-Silva, D) Subdivision Map Act: security.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on L. GOV.

Summary: The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. The act requires prescribed security from a developer if the act or a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement. This bill would prohibit a local agency from requiring the furnishing of security in connection with the performance of any act or agreement related to an improvement that will be privately owned and maintained, and from conditioning the subdivision or any approval necessary for the development or construction of the project as a whole on the furnishing of that security related to an improvement that will be privately owned and maintained. (Based on 03/24/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 818 (Ávila Farías, D) Permit Streamlining Act: local emergencies.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Coms. on L. GOV. and H. & C.D.

Summary: The Permit Streamlining Act requires a public agency to determine whether an application for a development project is complete within specified time periods, as specified. The act requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. The California Emergency Services Act among other things, authorizes a local emergency to be proclaimed by the governing body of a city, county, or city and county, as specified, and grants political subdivisions various powers and authorities in periods of local emergency. This bill would prohibit, during the period of a local emergency, a local agency from denying an application for a permit necessary to rebuild or repair a residential property affected by a natural disaster unless the permit would result in the property being deemed a substandard building. The bill would require the local agency to approve or disapprove that application within 45 days of receipt of the application, and would require other expedited approvals. (Based on 02/19/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 846 (Connolly, D) Endangered species: incidental take: wildfire preparedness activities.

Current Text: 03/27/2025 - Amended HTML PDF
Status: 03/28/2025 - Re-referred to Com. on W. P., & W.

Summary: The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Current law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. 52 15

Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would authorize the department to impose a fee on a local agency for the cost of reviewing a wildfire preparedness plan submitted by that local agency, as specified. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. (Based on 03/27/2025 text) Priority: (6) Info only
Subject: Planning, Land Use, Housing

AB 874 (Ávila Farías, D) Mitigation Fee Act: waiver of fees: affordable rental housing.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Coms. on L. GOV. and H. & C.D.

Summary: The Mitigation Fee Act imposes certain requirements on a local agency that imposes a fee as a condition of approval of a development project that is imposed to provide for an improvement to be constructed to serve the development project, or a fee for public improvements, as specified. The act also regulates fees for development projects and fees for specific purposes, including water and sewer connection fees, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, as provided. This bill would require a local agency to waive fees or charges that are collected by a local agency to fund the construction of public improvements or facilities for residential developments subject to a regulatory agreement with a public entity, as provided, that includes certain income and affordability requirements. (Based on 02/19/2025 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 920 (Caloza, D) Permit Streamlining Act: housing development projects: centralized application portal.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on L. GOV.

Summary: The Permit Streamlining Act requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Current law requires a city or county that has an internet website to, among other things, make a fee estimate tool that the public can use to calculate an estimate of fees and exactions for a proposed housing development project available on its internet website. This bill would require a city or county with a population of 150,000 or more that has an internet website to make a centralized application portal available on its website to an applicant for a housing development project. (Based on 03/24/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 961 (Ávila Farías, D) Hazardous materials: California Land Reuse and Revitalization Act of 2004.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/26/2025 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 25). Re-referred to Com. on APPR.

Summary: The California Land Reuse and Revitalization Act of 2004 provides, among other things, that an innocent landowner, bona fide purchaser, or contiguous property owner, as defined, qualifies for immunity from liability from certain state statutory and common laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met, including entering into an agreement for a specified site assessment and 53 16

response plan. The act prohibits the Department of Toxic Substances Control, the State Water Resources Control Board, and a California regional water quality control board from requiring one of those persons to take a response action under certain state laws, except as specified. Existing law repeals the act on January 1, 2027. Current law provides that a person who qualifies for immunity under the act before January 1, 2027, shall continue to have that immunity on and after January 1, 2027. This bill would extend the repeal date of the act to January 1, 2037, and would provide that a person who qualifies for immunity under the act before January 1, 2037, shall continue to have that immunity on and after January 1, 2037, if the person continues to be in compliance with the requirements of the former act. (Based on 02/20/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 996 (Pellerin, D) Public Resources: California Coastal Act of 1976: California Coastal Planning Fund.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/11/2025 - Re-referred to Com. on NAT. RES.

Summary: Would establish the California Coastal Planning Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. The bill would, upon appropriation by the Legislature, make moneys in the fund available to the commission for various state and local costs relating to local coastal program development and sea level rise plans and to administer the fund, as provided. (Based on 03/10/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1007 (Rubio, Blanca, D) Land use: development project review.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on L. GOV.

Summary: The Permit Streamlining Act requires a public agency that is the lead agency for a development project to approve or disapprove a development project within specified time periods. The act requires a public agency, other than the California Coastal Commission, that is a responsible agency for specified development projects to approve or disapprove the project within 90 days of the date on which the lead agency has approved the project or within 90 days of the date on which the completed application has been received and accepted as complete by the lead agency, whichever is longer. This bill would reduce the time period that a responsible agency is required to approve or disapprove a project, as described above, from 90 days to 45 days. By increasing the duties of local officials, this bill would impose a state- mandated local program. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1026 (Wilson, D) Planning and zoning: housing development projects: postentitlement phase permits.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on H. & C.D.

Summary: Current law relating to housing development approval requires a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. Existing law defines “local agency” to mean any city, county, or city and county. Current law defines “postentitlement phase permit” to include all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement phase has been completed to begin construction of a development that is intended to be at least 2/3 residential, excluding discretionary and ministerial planning permits, entitlements, and certain other permits and reviews. Current law excludes from the definition of “postentitlement phase permit” permits required and issued by the California Coastal Commission, a special district, a utility that is not owned and operated by a local agency, or any other entity that is not a city, county, or city and county. This bill would modify the definition of “local agency” to additionally include any electrical corporation, as defined, thereby requiring these entities to comply with the above-described requirements relating to postentitlement phase permits. (Based on 03/24/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1050 (Schultz, D) Unlawfully restrictive covenants: housing developments: reciprocal easement agreements.

Current Text: 03/27/2025 - Amended HTML PDF
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Status: 03/28/2025 - Re-referred to Com. on APPR.

Summary: Current law provides that specified recorded covenants, conditions, restrictions, or private limits on the use of land contained in specified instruments affecting the transfer or sale of any interest in real property are not enforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as provided. As part of this process, current law requires the owner to submit to the county recorder a copy of the original restrictive covenant and any documents the owner believes necessary to establish that the property qualifies as an affordable housing development and requires the county counsel to determine, among other things, if the property qualifies as an affordable housing development and if a modification document may be recorded. Current law provides that these provisions do not authorize any development that is not otherwise consistent with local general plans, zoning ordinances, and any applicable specific plan. This bill would extend those provisions to any housing development that is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property that includes residential uses permitted by state housing laws or local land use and zoning regulations and would make various conforming changes. (Based on 03/27/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1061 (Quirk-Silva, D) Housing developments: urban lot splits: historical resources.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 04/01/2025 - Re-referred to Com. on L. GOV.

Summary: Under the Planning and Zoning Law, the legislative body of a county or city may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps. Current law requires a local agency to consider ministerially a specified proposed housing development or to ministerially approve a parcel map for an urban lot split if the development or parcel meets specified requirements, including, that the development or parcel is not located within a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to city or county ordinance, as specified. Current law authorizes a local agency to impose specified objective standards on the development or parcel created by an urban lot split, but prohibits a local agency from, among other things, requiring setback for an existing structure or structure constructed in the same location and to the same dimensions of an existing structure. With respect to ministerial review of a housing development under the above-described provisions, this bill would, if the other specified requirements are met, instead require a local agency to consider ministerially a proposed housing development or that is not located on a parcel individually listed as a historical resource included in the State Historical Resources Inventory, as specified, or within a property individually designated or listed as a city or county landmark under a city or county ordinance. The bill would additionally prohibit the development from demolishing more than 25% of the exterior wall area or affecting the character-defining exterior features of a contributing structure, as specified. (Based on 03/28/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1154 (Carrillo, D) Accessory dwelling units: junior accessory dwelling units.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/26/2025 - From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (March 26). Re-referred to Com. on L. GOV.

Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law prohibits a local agency from imposing parking standards for an accessory dwelling unit under certain circumstances, whether or not the local agency has adopted a local ordinance pursuant to the above provisions. Under existing law, those circumstances include, among others, if the accessory dwelling unit is located within 1/2 of one mile walking distance of public transit or there is a car share vehicle located within one block of the accessory dwelling unit. This bill would additionally prohibit a local agency from imposing any parking standards if the accessory dwelling unit is 500 square feet or smaller. This bill contains other related provisions and other existing laws. (Based on 02/20/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1206 (Harabedian, D) Single-family and multifamily housing units: preapproved plans.

Current Text: 03/27/2025 - Amended HTML PDF
55 18

Status: 03/28/2025 - Re-referred to Com. on L. GOV.

Summary: Would require each local agency, as defined and by July 1, 2026, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as specified. The bill would require the local agency to post preapproved single-family or multifamily residential housing plans and the contact information of the applicant on the local agency’s internet website. The bill would require a local agency to either approve or deny an application for a single-family or multifamily residential housing unit, both as defined, within 30 days if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a single-family or multifamily residential housing unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. The bill would also provide that its provisions do not prevent a local agency from voluntarily accepting or admitting additional plans at higher densities in additional zoning districts into the preapproved housing plan program, at the local agency’s discretion. (Based on 03/27/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1276 (Carrillo, D) Housing developments: ordinances, policies, and standards.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on H. & C.D.

Summary: The Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, except as provided. The act further provides that for its purposes, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The act requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application, as specified, was submitted, except as otherwise provided. The act defines “ordinances, policies, and standards” to include general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions. This bill would include in the definition of “ordinances, policies, and standards” materials requirements, postentitlement permit standards, and any rules, regulations, determinations, and other requirements adopted or implemented by other public agencies, as defined. (Based on 03/24/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1294 (Haney, D) Planning and zoning: housing development: standardized application form.

Current Text: 03/17/2025 - Amended HTML PDF
Status: 03/18/2025 - Re-referred to Com. on H. & C.D.

Summary: The Permit Streamlining Act, among other things, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a public agency that has received an application for a development project to determine in writing whether the application is complete within 30 calendar days and to immediately transmit the determination to the applicant of the development project. This bill would require that an application for a housing entitlement, as defined, be deemed complete upon payment of the permit processing fees and upon providing specified information, including, among other things, the information required in the above-described list provided by the public agency. The bill would require the Department of Housing and Community Development to adopt a standardized application form that applicants for a housing entitlement may use for the purpose of satisfying these requirements and would require a city, county, or city and county to accept an application submitted on the standardized application form. The bill would prohibit the city, county, or city and county from requiring submission of any other forms, beside the standardized application form, except as specified. This bill would prohibit a city, county, or city and county from requiring certain information or approvals, including, among others, any requirement for preapplication submissions, approvals, reviews, meetings, consultations, public outreach notices, or any other preapplication requirements, as a condition of determining that an application for a 56 19

housing entitlement is complete. The bill would prohibit a city, county, or city and county from imposing a penalty or an additional fee, processing requirement, or submittal requirement as a consequence of an applicant using the standardized application form. (Based on 03/17/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1308 (Hoover, R) Residential building permits: fees: inspections.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on L. GOV.

Summary: Current law authorizes a county’s or city’s governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. Current law entitles a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work for which the permit fees have been charged within 60 days of receiving notice of completion of the permitted work. This bill would require a county’s or city’s building department to prepare a residential building permit fee schedule and post the schedule on the county’s or city’s internet website, if the county or city prescribes residential building permit fees. The bill would instead entitle a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work within 30 days of receiving the notice. (Based on 03/24/2025 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1407 (Wallis, R) Planning and Zoning Law: housing elements: rezoning.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 04/01/2025 - Re-referred to Com. on H. & C.D.

Summary: Current law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Current law requires the housing element to identify adequate sites for housing. Current law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Current law requires rezoning, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. If the local government fails to adopt a housing element that the Department of Housing and Community Development has found to be in substantial compliance with specified law within 120 days of the statutory deadline for adoption of the housing element, existing law requires the local government to complete this rezoning no later than one year from the statutory deadline for adoption of the housing element. This bill would extend the above-described one-year deadline to one year and 6 months. (Based on 03/28/2025 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 9 (Arreguín, D) Accessory Dwelling Units: owner-occupant requirements.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 01/29/2025 - Referred to Coms. on HOUSING and L. GOV.

Summary: The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.

The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions. This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions. (Based on 12/02/2024 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 73 (Cervantes, D) California Environmental Quality Act: exemptions.

Current Text: 01/15/2025 - Introduced HTML PDF
Status: 03/13/2025 - March 19 set for second hearing canceled at the request of author.

project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA exempts from its requirements certain residential, employment center, and mixed-use development projects meeting specified criteria, including that the project is located in a transit priority area and that the project is undertaken and is consistent with a specific plan for which an environmental impact report has been certified. This bill would additionally exempt those projects located in a very low vehicle travel area, as defined. The bill would require that the project is undertaken and is consistent with either a specific plan prepared pursuant to specific provisions of law or a community plan, as defined, for which an EIR has been certified within the preceding 15 years in order to be exempt. (Based on 01/15/2025 text)
Priority: (3) Significant
Subject: Planning, Land Use, Housing, Transportation & Infrastructure

SB 79 (Wiener, D) Planning and zoning: housing development: transit-oriented development.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/12/2025 - Re-referred to Coms. on HOUSING and L. GOV.

Summary: Current law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Current law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Current law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified.

This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above. (Based on 03/05/2025 text)
Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing

SB 92 (Blakespear, D) Housing development: density bonuses: mixed-use developments.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/24/2025 - Set for hearing April 23.

Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income households or very low income households, and meets other requirements. Current law defines “housing development” to mean a development project for 5 or more residential units, including mixed-use developments, as specified. This bill would define “mixed-used developments” to mean mixed-used developments consisting of residential and nonresidential uses that meet specified conditions. (Based on 03/10/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 326 (Becker, D) Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/25/2025 - From committee: Do pass and re-refer to Com. on N.R. & W. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (March 25). Re-referred to Com. on N.R. & W.

Summary: Current law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and establishes the Deputy Director of Community Wildfire Preparedness and Mitigation within the office. Current law makes the deputy director responsible for fire preparedness and mitigation missions of the department, as provided. This bill would require the deputy director, on or before January 1, 2027, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The bill would require the deputy director to, each year the framework is completed, submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration. (Based on 02/11/2025 text)
Priority: (6) Info only
Subject: Planning, Land Use, Housing, Public Safety

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SB 328 (Grayson, D) Hazardous waste generator permits: housing development projects.

Current Text: 03/17/2025 - Amended HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 0.) (April 2).

Summary: The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. Current law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. This bill would establish time limits for completing reviews to determine whether an application for a postentitlement phase permit, as defined, is complete and compliant, and whether to approve or deny an application, as specified. (Based on 03/17/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 329 (Blakespear, D) Alcohol and drug recovery or treatment facilities: investigations.

Current Text: 03/28/2025 - Amended HTML PDF
Status: 03/28/2025 - Read second time and amended. Re-referred to Com. on APPR.

Summary: Current law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Current law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Current law also authorizes the department to conduct announced or unannounced site visits to licensed facilities for the purpose of reviewing them for compliance, as specified. This bill would require the department to assign a complaint under its jurisdiction regarding an alcohol or other drug recovery or treatment facility to an analyst for investigation within 10 days of receiving the complaint. If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department to notify the complainant, in writing, that it does not investigate that type of complaint. (Based on 03/28/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 346 (Durazo, D) Local agencies: transient occupancy taxes: short-term rental facilitator.

Current Text: 03/20/2025 - Amended HTML PDF
Status: 03/20/2025 - Read second time and amended. Re-referred to Com. on JUD.

SB 358 (Becker, D) Mitigation Fee Act: mitigating vehicular traffic impacts.

Current Text: 02/12/2025 - Introduced HTML PDF
Status: 03/24/2025 - Set for hearing April 23.

Summary: The Mitigation Fee Act imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Current law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for that fee to reflect a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without prescribed characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with those characteristics, would not generate fewer automobile trips than a housing development without those specified characteristics. For purposes of these provisions, current law specifies one of those characteristics is that the housing development provides either the minimum number of parking 59 22

spaces required by the local ordinance, or no more than one onsite parking space for zero- to 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units, whichever is less. For purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee, this bill would delete the provision about adopting findings after a public hearing and would, instead, require the rate for housing developments that satisfy those specified characteristics be at least 50% less than the rate for housing developments without all of those characteristics. With regard to the above-described characteristic, the bill would, instead, specify that the housing development provides no more than one onsite parking space for zero- to 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units. (Based on 02/12/2025 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 415 (Reyes, D) Planning and zoning: logistics use: truck routes.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Com. on L. GOV.

SB 445 (Wiener, D) Sustainable Transportation Project Permits and Cooperative Agreements.

Current Text: 02/18/2025 - Introduced HTML PDF
Status: 02/26/2025 - Referred to Coms. on TRANS. and L. GOV.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met.

CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way. This bill would require a lead agency to provide a written notice with specified information to a third-party entity, defined by the bill to mean a local agency, electrical corporation, or private telecommunications provider, regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entity’s jurisdiction or ownership for the implementation of a sustainable transportation project. This bill would define “sustainable transportation project” to mean a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities meeting at least one of several specified criteria, including that it is exempt from CEQA pursuant to the above-described provisions. (Based on 02/18/2025 text) Position: Oppose
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing, Transportation & Infrastructure

SB 456 (Ashby, D) Contractors: exemptions: muralists.

Current Text: 04/02/2025 - Amended HTML PDF
Status: 04/02/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. P. & E.D.
60 23

Summary: Current law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Current law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified. This bill would exempt from that law an artist who draws, paints, applies, executes, restores, or conserves a mural, as defined, pursuant to an agreement with a person who could legally authorize the work. (Based on 04/02/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 489 (Arreguín, D) Permit Streamlining Act: housing development projects.

Current Text: 03/25/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on L. GOV. and HOUSING.

Summary: The Permit Streamlining Act requires a public agency to compile a list of the information required from an applicant for a development project, as provided, and, until January 1, 2030, specifies that a development project for purposes of this requirement includes a housing development project, as defined. The act defines various terms for its purposes, including, among others, a “development project,” which is generally defined as any project undertaken for the purpose of development. This bill, until January 1, 2030, would require a public agency, for each approval issued in connection with a housing development project, to publish online the above-described list, including the criteria that the public agency will apply in order to determine the completeness of the development application and the name of the approval, as provided. The bill would revise the definition of “housing development project” for these purposes. (Based on 03/25/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 549 (Allen, D) Second Neighborhood Infill Finance and Transit Improvements Act.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/24/2025 - Set for hearing May 7.

SB 607 (Wiener, D) California Environmental Quality Act: categorical exemptions: infill projects.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/02/2025 - Set for hearing April 23.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

Existing law defines “negative declaration” and “mitigated negative declaration” for these purposes.This bill would revise the definition of negative declaration to mean a written statement briefly describing the substantial evidence in the record that the proposed project will not have a significant effect on the environment, as specified. The bill would also revise the definition of mitigated negative declaration to mean that revisions would avoid or mitigate the effects on the environment, as determined by the public agency based upon substantial evidence in the record, as specified, and that there is substantial evidence that the project as revised will not have a significant effect on the environment, as provided. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
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Subject: Planning, Land Use, Housing

SB 625 (Wahab, D) Housing developments: disasters: reconstruction of destroyed or damaged structures.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on HOUSING and JUD.

Summary: The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Current law makes any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use, as specified, void and unenforceable. If the governing documents require association approval before a member may make a physical change to the member’s separate interest or to the common area, current law requires an association to satisfy specified requirements, including to provide a fair, reasonable, and expeditious procedure for making its decision in reviewing and approving or disapproving a proposed physical change, as described above. This bill would make any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document, void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure, as specified, that is damaged or destroyed during a declared disaster or state of emergency, as defined. The bill would require a court to award reasonable attorney’s fees to the proponent of a housing development proposal who prevails in an action to enforce the above- described provisions. This bill would require any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document that subjects a modification to a separate interest, including a housing development proposal, to review by a body, as defined, to be processed and approved, as specified. The bill would require the body to, among other things, determine whether an application is complete or incomplete and to provide written notice of this determination to the applicant no later than 15 business days after the body receives the application. (Based on 03/26/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 627 (McGuire, D) Planning and zoning: housing: postentitlement phase permits.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 04/03/2025 - From committee: Do pass and re-refer to Com. on HOUSING with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on HOUSING.

Summary: Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. Specifically, existing law establishes time limits for completing reviews regarding whether an application for a post entitlement phase permit is complete and compliant, and whether to approve or deny an application, as specified. Existing law requires a local agency, if a post entitlement phase permit is determined to be incomplete, denied, or noncompliant, to provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency.

This bill would delete the provision for the applicant to appeal a decision to the director of the local agency, as described above, and, instead, would require a local agency to provide a process for the applicant to appeal that decision in writing to the governing body of the agency only. (Based on 02/20/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 677 (Wiener, D) Housing development: streamlined approvals.

Current Text: 04/01/2025 - Amended HTML PDF
Status: 04/01/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

Summary: The Planning and Zoning Law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. This bill would require ministerial approval for proposed housing developments containing no more than 2 residential units on any lot hosting a single-family home or zoned for 4 or fewer residential units, notwithstanding any covenant, condition, or restriction imposed by a common interest development association. (Based on 04/01/2025 text) Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing
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SB 710 (Blakespear, D) Property taxation: active solar energy systems: extension.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 03/18/2025 - Set for hearing May 14.

Summary: The California Constitution generally limits the maximum rate of ad valorem tax on real property to 1% of the full cash value of the property and defines “full cash value” for these purposes as the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. Pursuant to constitutional authorization, existing property tax law excludes from the definition of “newly constructed” for these purposes the construction or addition of any active solar energy system, as defined, through the 2025–26 fiscal year.

Under existing property tax law, this exclusion remains in effect only until there is a subsequent change in ownership, but an active solar energy system that qualifies for the exclusion before January 1, 2027, will continue to receive the exclusion until there is a subsequent change in ownership. Existing law repeals these exclusion provisions on January 1, 2027.This bill would, beginning with the 2026–27 fiscal year, extend the exclusion indefinitely, and would limit the exclusion to customer-sited active solar energy systems, as defined. This bill contains other related provisions and other existing laws. (Based on 02/21/2025 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 786 (Arreguín, D) Planning and zoning: general plan: judicial challenges.

Current Text: 03/25/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on L. GOV., JUD., and APPR.

Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries, and requires the general plan to contain specified mandatory elements. Current law specifies that these provisions generally do not apply to a charter city, but requires a charter city to adopt a general plan that contains the mandatory elements, among other things. Current law prescribes a process to challenge the validity of a general plan. Among other things, existing law requires a petitioner to request a hearing or trial, as specified. Current law requires a court to set a date for the hearing or trial to be heard no later than 120 days after the filing of the request, as specified. Current law authorizes a court to continue for a reasonable time the date of the hearing or trial upon written motion and finding of good cause. Current law requires a court to grant the petitioner temporary relief if the court grants a continuance to a respondent, as specified.

This bill would apply to the above-described process to challenge the validity of a general plan to a charter city and state that this is declaratory of existing law. The bill would limit the period for which a court may continue a trial or hearing, as described above, to no more than 60 days and would additionally authorize a court to grant a continuance on the court’s own motion. (Based on 03/25/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

Public Safety
AB 15 (Gipson, D) Open unsolved murder: review and reinvestigation.

Current Text: 02/24/2025 - Amended HTML PDF
Status: 03/04/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 4). Re-referred to Com. on APPR.

Summary: Current law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought.

This bill would require a law enforcement agency to review the casefile regarding an open unsolved murder upon written application by certain persons to determine if a reinvestigation would result in probative investigative leads, as specified.

The bill would define an open unsolved murder as a murder committed after January 1, 1990, but no less than one year prior to the date of the application for case review, that was investigated by a law enforcement agency, for which all probative investigative leads have been exhausted and for which no suspect has been identified. If the review determines that a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified.

The bill would prohibit a reinvestigation from being conducted by a person who previously investigated the homicide at issue, as specified, and would allow only one reinvestigation from being undertaken at any one time with respect to the same victim. (Based on 02/24/2025 text)
Priority: (5) Track/Watch
Subject: Public Safety

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AB 38 (Lackey, R) Crimes: serious and violent felonies.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 03/20/2025 - In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Current law classifies certain criminal offenses as a “violent felony” for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Current law includes among the list of violent felonies rape accomplished against a person’s will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim’s will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. (Based on 12/02/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 47 (Nguyen, D) Elderly Parole Program.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 03/24/2025 - Referred to Com. on PUB. S.

Summary: Current law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 50 years of age or older and who have served a minimum of 20 years of continuous incarceration on their sentence. Current law requires the Board of Parole Hearings, when considering the release of qualifying inmates, to give special consideration to whether certain criteria have reduced the elderly inmate’s risk for future violence. Current law excludes various persons from these provisions, including persons convicted of serious felonies or persons sentenced to life in prison without the possibility of parole. This bill would additionally exclude persons required to register as sexual offenders, habitual sexual offenders, and persons convicted of various sexual offenses, including rape or sodomy. (Based on 12/02/2024 text)
Priority: (6) Info only
Subject: Public Safety

AB 63 (Rodriguez, Michelle, D) Loitering with intent to commit prostitution.

Current Text: 03/27/2025 - Amended HTML PDF
Status: 03/28/2025 - Re-referred to Com. on PUB. S.

Summary: Current law, until January 1, 2023, prohibited loitering in a public place with the intent to commit prostitution, as defined, and made that crime a misdemeanor. This bill would reinstate those provisions and would prohibit law enforcement, as defined, from making an arrest pursuant to these provisions solely based on the individual’s gender identity or sexual orientation. The bill would also require law enforcement, prior to making an arrest of the individual pursuant to these provisions, to document their attempts to offer the individual services. (Based on 03/27/2025 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 68 (Essayli, ) School safety: armed school resource officers.

Current Text: 03/19/2025 - Amended HTML PDF
Status: 04/02/2025 - In committee: Hearing postponed by committee.

Summary: Would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus, phased in by certain grade spans, as provided. By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program. (Based on 03/19/2025 text) Priority: (4) Standard
Subject: Public Safety

AB 71 (Lackey, R) Ignition interlock devices.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/06/2025 - Re-referred to Com. on APPR.

Summary: Current law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID), including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID 64 27

on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver’s license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Current law makes these changes operative until January 1, 2026. On January 1, 2026, current law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Current law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. (Based on 03/05/2025 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 237 (Patel, D) Crimes: threats.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/06/2025 - Re-referred to Com. on APPR.

Summary: Current law makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat that, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby reasonably causes the threatened person to be in sustained fear for their own safety or the safety of their immediate family, as defined. Under current law, this crime is punishable by imprisonment in a county jail for no more than one year for a misdemeanor, or by imprisonment in state prison for a felony. This bill would make it a crime for a person to willfully threaten, by any means, including, but not limited to, an image or threat posted or published on an internet web page, to commit a crime at specified locations, including a daycare and workplace, with specific intent that the statement is be taken as a threat, even if there is no intent of actually carrying it out, if the threat, on its face and under the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to convey to the person or persons threatened a gravity of purpose and an immediate prospect of execution of the threat, and if the threat causes a person or person to reasonably be in sustained fear for their own safety or the safety of others at the specified locations. (Based on 03/05/2025 text)
Priority: (4) Standard
Subject: Public Safety

AB 262 (Caloza, D) California Individual Assistance Act.

Current Text: 04/03/2025 - Amended HTML PDF
Status: 04/03/2025 - From committee chair, with author's amendments: Amend, and re-refer to Com. on E.M. Read second time and amended.

AB 271 (Hoover, R) Crimes: looting.

Current Text: 01/21/2025 - Introduced HTML PDF
Status: 03/28/2025 - Referred to Com. on PUB. S.

Summary: Current law defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Current law defines burglary of the first degree as any burglary of an inhabited building and makes burglary of the first degree punishable by imprisonment in the state prison for 2, 4, or 6 years. Current law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony. Current law makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under current law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Current law defines any 65 28

2nd-degree burglary or grand theft, during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable by either imprisonment in a county jail for one year or as a felony. Current law makes petty theft committed during and within an affected county in a state of emergency or local emergency a misdemeanor and requires a minimum jail term of 90 days. Current law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. This bill would make looting by the means of a 2nd-degree burglary or grand theft punishable instead as a felony. The bill would define a petty theft committed during and within an affected county in a state of emergency or local emergency as looting and make it punishable by imprisonment in the county jail for one year or as a felony. The bill would require any person who in the course of committing or attempting to commit the crime of looting impersonated a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, subject to a penalty enhancement. (Based on 01/21/2025 text)
Priority: (5) Track/Watch
Subject: Public Safety

AB 339 (Ortega, D) Local public employee organizations: notice requirements.

Current Text: 01/28/2025 - Introduced HTML PDF
Status: 03/19/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (March 19). Re-referred to Com. on APPR.

AB 400 (Pacheco, D) Law enforcement: police canines.

Current Text: 02/04/2025 - Introduced HTML PDF
Status: 03/11/2025 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 11). Re-referred to Com. on APPR.

Summary: Current law requires law enforcement agencies to maintain a policy on the use of force, as specified. Current law establishes the Commission on Peace Officer Standards and Training (POST) and charges it with, among other duties, developing uniform, minimum guidelines for adoption and promulgation by law enforcement agencies for use of force. This bill would require, on or before January 1, 2027, every law enforcement agency, as defined, with a canine unit to maintain a policy for the use of canines by the agency that, at a minimum, complies with the most recent standards established by POST. (Based on 02/04/2025 text)
Priority: (4) Standard
Subject: Public Safety

AB 476 (González, Mark, D) Metal theft.

Current Text: 03/27/2025 - Amended HTML PDF
Status: 03/28/2025 - Re-referred to Com. on B. & P.

law requires a junk dealer or recycler to preserve the written record for at least 2 years. Current law makes a violation of the recordkeeping requirements a misdemeanor. This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. (Based on 03/27/2025 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

AB 1263 (Gipson, D) Firearms: ghost guns.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 03/25/2025 - Re-referred to Com. on PUB. S.

Summary: Existing law makes it a crime for a person to manufacture or cause to be manufactured specified firearms.

Existing law prohibits a person, other than a state-licensed firearms manufacturer, from using a computer numerical control (CNC) milling machine or three-dimensional printer to manufacture a firearm. This bill would prohibit a person from knowingly or willfully causing another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a three-dimensional printer or CNC milling machine, as specified. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would create a state-mandated local program. Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. For these purposes, existing law defines “digital firearm manufacturing code” to mean any digital instructions in the form of computer-aided design files or other code or instructions that may be used to program a CNC milling machine, a three- dimensional printer, or a similar machine to manufacture or produce a firearm, including a completed frame or receiver or a firearm precursor part. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief. This bill would include computer-aided manufacturing files as a digital instruction and include the manufacture or production of a machinegun and specified firearm components, including large-capacity magazines, as part of the definition of digital firearm manufacturing code. The bill would also authorize a person who has suffered harm in California as a result of a violation of these provisions to seek compensatory damages and injunctive relief. The bill would create a rebuttable presumption that a person violated the provision of unlawfully distributing or causing to be distributed any digital firearm manufacturing code if the person owns or participates in the management of an internet website that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals, and the internet website, under the totality of the circumstances, encourages individuals to upload, disseminate, or use digital firearm manufacturing code to manufacture firearms, as specified. Existing law establishes a firearm industry standard of conduct, which requires a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, and to take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm- related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. For these purposes, existing law defines firearm accessory and firearm manufacturing machine. This bill would require, prior to completing the sale or delivery in California or to a California resident of a firearm barrel that is unattached to a firearm, firearm accessory, or a firearm manufacturing machine, a firearm industry member to comply with specified requirements, including providing a prospective purchaser with clear and conspicuous notice that specified conduct is generally a crime in California, including manufacturing firearms to be sold or transferred to an individual without a license to manufacture firearms. Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control any firearm and makes a violation of that prohibition a crime. This bill would also prohibit any person convicted of specified misdemeanor violations, including manufacturing an undetectable firearm or knowingly or willfully causing another person to engage in the unlawful manufacture of firearms, on or after January 1, 2026, from owning, purchasing, or receiving any firearm within 10 years of the conviction, and makes a violation of that prohibition a public offense punishable by imprisonment in a county jail, a fine, or by both the fine and imprisonment. Because this bill would expand the application of a crime to a larger class of potential offenders, this bill would impose a state-mandated local program. This bill would make these provisions severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (Based on 03/24/2025 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 1284 (Committee on Emergency Management, ) Emergency services: catastrophic plans: recovery frameworks. 67 30

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Com. on E.M.

Summary: Would require the Office of Emergency Services (OES) to develop state recovery frameworks for California’s catastrophic plans, as provided. The bill would also require the governing body of a political subdivision, as defined, to develop regional recovery frameworks for California’s catastrophic plans and would require OES to provide technical assistance in this regard. This bill would require OES and the governing bodies of political subdivisions, in developing recovery frameworks, to incorporate lessons learned from recent major disasters. The bill would require the recovery frameworks to be consistent with guidance from the Federal Emergency Management Agency and to address, at a minimum, specified recovery support functions, including economic recovery, health and social services, and infrastructure systems. The bill would require OES to use, to the greatest extent possible, federal preparedness grant funding to offset the state, local, and tribal government costs associated with developing recovery frameworks. The bill would require the state and regional recovery frameworks to be completed by January 15, 2027. By imposing new duties on local agencies, this bill would impose a state-mandated local program. (Based on 02/21/2025 text) Priority: (6) Info only
Subject: Public Safety

SB 6 (Ashby, D) Controlled substances: xylazine.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 03/28/2025 - Set for hearing April 7.

Summary: The California Uniform Controlled Substances Act categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Under existing law, the substances in Schedule I are deemed to have a high potential for abuse and no accepted medical use while substances in Schedules II through V are substances that have an accepted medical use, but have the potential for abuse. Current law restricts the prescription, furnishing, possession, sale, and use of controlled substances, and makes a violation of those laws a crime, except as specified. Current law defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Current law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would add xylazine to the list of Schedule III substances, as specified. If an animal drug containing xylazine that has been approved under the federal Food, Drug and Cosmetic Act is not available for sale in California, the bill would create an exception for a substance that is intended to be used to compound an animal drug, as specified. The bill would exclude from the prohibitions on paraphernalia any testing equipment to analyze a substance for the presence of xylazine. (Based on 12/02/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

SB 19 (Rubio, D) Threats: schools and places of worship.

Current Text: 03/13/2025 - Amended HTML PDF
Status: 03/28/2025 - Set for hearing April 7.

Summary: Would make a person who willfully threatens to commit a crime which will result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term, except that if the person is under 18 years of age, the bill would make the person guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (Based on 03/13/2025 text) Position: Support
Priority: (2) Priority
Subject: Public Safety

SB 48 (Gonzalez, D) Immigration enforcement: schoolsites: prohibitions on access and sharing information.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/03/2025 - Withdrawn from committee. Re-referred to Com. on RLS.

Summary: Current law prohibits, except as required by state or federal law or as required to administer a state- or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. This bill would prohibit school districts, county offices of education, or charter schools and their personnel from granting permission to an immigration authority to access a schoolsite, producing a pupil for questioning by an immigration authority at a schoolsite, or consenting to a search of any kind at a schoolsite by an immigration authority, unless the immigration authority presents a valid judicial warrant or court order. The bill would require a local 68 31

educational agency and its personnel, when presented with a valid judicial warrant or court order to carry out the above- described actions, to (1) request valid identification and a written statement of purpose from the immigration authority and retain copies of those documents and (2), as early as possible, notify the designated local educational agency administrator of the request and advise the immigration authority that the local educational agency administrator is required to provide direction before access to the schoolsite or pupil may be granted. The bill would require a local educational agency and its personnel, if an immigration authority does not present a valid judicial warrant or court order, to (1), as early as possible, notify the designated local educational agency administrator of the request, (2) deny the immigration authority access to the schoolsite, and (3) make a reasonable effort to have the denial witnessed and documented. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
Subject: Public Safety

SB 277 (Weber Pierson, D) Criminal procedure: search of persons.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 03/27/2025 - Set for hearing April 8.

Summary: Current provisions of the United States and California Constitutions ensure the right of the people to be secure in their persons, houses, papers, and effects against warrantless seizures and searches. Case law establishes exceptions to this right, including allowing a peace officer to conduct a limited search of a person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others, or if the person consents to a search. This bill would authorize a peace officer to request consent to search an individual, their property, or their effects only if the officer is investigating a crime and has reasonable suspicion that the individual to be searched has an item in their possession that is evidence of criminal activity. The bill would require the officer to follow a specified procedure in a specified order, including advising the individual that their consent is voluntary, explaining to the individual the scope of the search, and recording the individual’s consent. The bill would prohibit an officer from exceeding the scope of the search explained to the individual and would require the officer to discontinue the search if the individual withdraws their consent. (Based on 03/26/2025 text) Position: Pending
Priority: (2) Priority
Subject: Public Safety

SB 326 (Becker, D) Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

SB 385 (Seyarto, R) Peace officers.

Current Text: 02/14/2025 - Introduced HTML PDF
Status: 03/28/2025 - Set for hearing April 7.

Summary: Current law requires the Commission on Peace Officer Standards and Training to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Current law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. Current law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program. Current law requires peace officers in this state to meet specified minimum standards, including age and education requirements.

This bill would require a peace officer who is hired on or after January 1, 2029, to attain a modern policing degree, as 69 32

specified, or a bachelor’s or other advanced degree from an accredited college or university within 36 months of commencing their employment as a peace officer. (Based on 02/14/2025 text) Priority: (5) Track/Watch
Subject: Public Safety

SB 569 (Blakespear, D) Department of Transportation: homeless encampments.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on TRANS.

Summary: The bill would require the Department of Transportation to develop a joint action plan for each district of the department in which homeless encampments are located on department property in collaboration with local governments located in the district. The bill would require the department, upon appropriation by the Legislature, to allocate funds to support collaborative efforts with local governments to address homeless encampments on department property. The bill would require the department to establish an advisory committee in each district for the purpose of providing advice on the implementation of these provisions. The bill would require the department to submit an annual report to the Legislature summarizing specified information and recommendations regarding homeless encampments on department property. (Based on 02/20/2025 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

SB 634 (Pérez, D) Homelessness: civil and criminal penalties.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on L. GOV. and JUD.

SB 720 (Ashby, D) Automated traffic enforcement system programs.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 03/26/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

Summary: Current law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated traffic enforcement system if the governmental agency utilizing the system meets certain requirements, including identifying the system with signs and ensuring that the system meets specified criteria on minimum yellow light change intervals. Current law authorizes, until January 1, 2032, the Cities of Los Angeles, San Jose, Oakland, Glendale, and Long Beach, and the City and County of San Francisco to establish a speed safety system pilot program for speed enforcement that utilizes a speed safety system in specified areas, if the system meets specified requirements. Current law prescribes specified requirements for a notice of violation issued pursuant to these provisions, and requires a violation of a speed law that is recorded by a speed safety system to be subject only to a specified civil penalty. This bill would additionally authorize a city, county, or city and county to establish an automated traffic enforcement system program to use those systems to detect a violation of a traffic control signal, if the system meets specified requirements. The bill would require a violation of a traffic control signal that is recorded by an automated traffic enforcement system to be subject only to a $100 civil penalty, as specified. (Based on 03/26/2025 text) Priority: (4) Standard
Subject: Public Safety

70 33

State Budget Act
AB 227 (Gabriel, D) Budget Act of 2025.

Current Text: 01/10/2025 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on Budget.

Summary: Would make appropriations for the support of state government for the 2025–26 fiscal year. This bill contains other related provisions. (Based on 01/10/2025 text)
Priority: (5) Track/Watch
Subject: State Budget Act

ABX1 5 (Gabriel, D) Budget Act of 2024.

Current Text: 01/20/2025 - Introduced HTML PDF
Status: 02/03/2025 - Died on inactive file.

Summary: Would amend the Budget Act of 2024 by amending and adding appropriations and making other changes.

This bill contains other related provisions. (Based on 01/20/2025 text) Priority: (5) Track/Watch
Subject: State Budget Act

SB 65 (Wiener, D) Budget Act of 2025.

Current Text: 01/10/2025 - Introduced HTML PDF
Status: 01/13/2025 - Read first time.

Summary: Would make appropriations for the support of state government for the 2025–26 fiscal year. (Based on 01/10/2025 text)
Priority: (5) Track/Watch
Subject: State Budget Act

SBX1 3 (Wiener, D) Budget Act of 2024.

Current Text: 01/23/2025 - Enrollment HTML PDF
Status: 01/23/2025 - Chaptered by Secretary of State - Chapter 2, Statutes of 2025 Summary: Would amend the Budget Act of 2024 by amending and adding appropriations and making other changes.

This bill contains other related provisions. (Based on 01/23/2025 text) Priority: (5) Track/Watch
Subject: State Budget Act

Transportation & Infrastructure
AB 476 (González, Mark, D) Metal theft.

Current Text: 03/27/2025 - Amended HTML PDF
Status: 03/28/2025 - Re-referred to Com. on B. & P.

Summary: Current law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as “junk.” Current law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk, as defined. Current law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Current law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid driver’s license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Current law makes a violation of the recordkeeping requirements a misdemeanor. This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. (Based on 03/27/2025 text)
Position: Support
71 34

Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

SB 71 (Wiener, D) California Environmental Quality Act: exemptions: transit projects.

Current Text: 03/25/2025 - Amended HTML PDF
Status: 03/28/2025 - Set for hearing April 8.

Summary: The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from its requirements active transportation plans, pedestrian plans, or bicycle transportation plans for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles. This bill would extend the operation of the above-mentioned exemption indefinitely.

The bill would also exempt a transit comprehensive operational analysis, as defined, a transit route readjustment, or other transit agency route addition, elimination, or modification, from the requirements of CEQA. Because a lead agency would be required to determine whether a plan qualifies for this exemption, the bill would impose a state-mandated local program. (Based on 03/25/2025 text)
Priority: (3) Significant
Subject: Transportation & Infrastructure

SB 73 (Cervantes, D) California Environmental Quality Act: exemptions.

Current Text: 01/15/2025 - Introduced HTML PDF
Status: 03/13/2025 - March 19 set for second hearing canceled at the request of author.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

SB 74 (Seyarto, R) Office of Land Use and Climate Innovation: Infrastructure Gap-Fund Program.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 2).

Summary: Current law establishes the Office of Land Use and Climate Innovation in the Governor’s office for the purpose of serving the Governor and the Governor’s cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Current law authorizes a local agency to finance infrastructure projects through various means, including by authorizing a city or county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community. This bill would require the office, upon appropriation by the Legislature, to establish the Infrastructure Gap-Fund Program to provide grants to local agencies to develop and construct infrastructure projects, as defined. The bill would authorize the office to provide funding for up to 20% of a project’s additional projected cost, as defined, after the project has started construction, subject to specified conditions, including, among other things, that the local agency has allocated existing local tax revenue to the initial infrastructure’s project’s total cost. When applying to the program, the bill would require the local agency to demonstrate challenges with completing the project on time and on budget and how the infrastructure project helps meet state and local goals, as specified. (Based on 03/24/2025 text)
Position: Support
Priority: (3) Significant
Subject: Transportation & Infrastructure

SB 445 (Wiener, D) Sustainable Transportation Project Permits and Cooperative Agreements. 72 35

Current Text: 02/18/2025 - Introduced HTML PDF
Status: 02/26/2025 - Referred to Coms. on TRANS. and L. GOV.

SB 496 (Hurtado, D) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on TRANS. (Ayes 8. Noes 0.) (April 2).

Summary: The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made. (Based on 02/19/2025 text)
Position: Support
Priority: (4) Standard
Subject: Transportation & Infrastructure, Trash, Recycling, Water, Resources

SB 569 (Blakespear, D) Department of Transportation: homeless encampments.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on TRANS.

73 36

Trash, Recycling, Water, Resources
AB 436 (Ransom, D) Composting facilities: zoning.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/25/2025 - From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 13. Noes 0.) (March 24). Re- referred to Com. on L. GOV.

Summary: The California Integrated Waste Management Act of 1989 establishes the Department of Resources Recycling and Recovery to administer an integrated waste management program. Current law establishes a goal that statewide landfill disposal of organic waste be reduced from the 2014 level by 75% by 2025. This bill, on or before June 1, 2027, would require the Office of Land Use and Climate Innovation, in consultation with the Department of Resources Recycling and Recovery, to develop and post on the office’s internet website, a technical advisory, as provided, reflecting best practices to facilitate the siting of composting facilities to meet the organic waste reduction goals. The bill would require the office to consult with specified entities throughout the development of the technical advisory. (Based on 03/10/2025 text)
Priority: (6) Info only
Subject: Trash, Recycling, Water, Resources

AB 532 (Ransom, D) Water rate assistance program.

Current Text: 04/01/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Com. on E.S & T.M.

AB 794 (Gabriel, D) California Safe Drinking Water Act: emergency regulations.

Current Text: 02/18/2025 - Introduced HTML PDF
Status: 03/03/2025 - Referred to Com. on E.S & T.M.

Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, enforcing the federal Safe Drinking Water Act (federal act) and adopting and enforcing regulations. Current law authorizes the state board to adopt as an emergency regulation, a regulation that is not more stringent than, and is not materially different in substance and effect than, the requirements of a regulation promulgated under the federal act, with a specified exception. This bill would provide that the authority of the state board to adopt an emergency regulation pursuant to these provisions includes the authority to adopt requirements of a specified federal regulation that was in effect on January 19, 2025, regardless of whether the requirements were repealed or amended to be less stringent. The bill would prohibit an emergency regulation adopted pursuant to these provisions from implementing less stringent drinking water standards, as provided, and would authorize the regulation to include requirements that are more stringent than the requirements of the federal regulation. (Based on 02/18/2025 text) Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources

AB 1207 (Irwin, D) Climate change: market-based compliance mechanism: price ceiling.

Current Text: 03/17/2025 - Amended HTML PDF
Status: 03/18/2025 - Re-referred to Com. on NAT. RES.

Summary: The California Global Warming Solutions Act of 2006, until January 1, 2031, authorizes the State Air Resources Board to adopt a regulation establishing a system of market-based declining aggregate emissions limits for sources or categories of sources that emit greenhouse gases (market-based compliance mechanism) that meets certain requirements. Current law requires the state board, in adopting the regulation to, among other things, establish a price ceiling for emission allowances sold by the state board. Current law requires the state board, in establishing the price ceiling, to consider specified factors, including the full social cost associated with emitting a metric ton of greenhouse 74 37

gases. This bill would require the state board to instead consider the full social cost associated with emitting a metric ton of greenhouse gases, as determined by the United States Environmental Protection Agency in November 2023. (Based on 03/17/2025 text)
Priority: (6) Info only
Subject: Trash, Recycling, Water, Resources

SB 45 (Padilla, D) Recycling: beverage containers: tethered plastic caps.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/28/2025 - Set for hearing April 7.

Summary: The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines “beverage container” to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. A violation of the act is a crime. Current law authorizes the department, subject to the availability of funds, to pay a quality incentive payment of up to $180 per ton to qualified recyclers for thermoform plastic containers diverted from curbside recycling programs, as provided. This bill would delete that authorization. The bill would instead require, on and after January 1, 2027, if a beverage is subject to the act and offered for sale in a plastic beverage container with a plastic cap, beverage manufacturers to ensure that the container to have has a cap that is tethered to the container that prevents the separation of the cap from the container when the cap is removed from the container by the consumer. The bill would exempt, until January 1, 2028, any type of beverage container with a recycling rate of better than 70% for calendar years 2022 and 2023, as determined by the department, from compliance with that requirement. (Based on 03/05/2025 text) Subject: Trash, Recycling, Water, Resources

SB 454 (McNerney, D) State Water Resources Control Board: PFAS Mitigation Program.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/02/2025 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar (PASS)
Summary: Existing law designates the State Water Resources Control Board as the agency responsible for administering specific programs related to drinking water, including, among others, the California Safe Drinking Water Act and the Emerging Contaminants for Small or Disadvantaged Communities Funding Program. This bill would create the PFAS Mitigation Fund in the State Treasury and would authorize the fund to be expended by the state board, upon appropriation by the Legislature, for purposes of these provisions. The bill would authorize the state board to seek out and accept nonstate, federal, and private funds, require those funds to be deposited into the PFAS Reduction Account within the PFAS Mitigation Fund, and continuously appropriate the moneys in the account to the state board for purposes of these provisions, thereby making an appropriation. (Based on 03/24/2025 text) Position: Support
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources

SB 466 (Caballero, D) Drinking water: hexavalent chromium: civil liability: exemption.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Coms. on E.Q. and JUD.

Summary: The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. This bill would prohibit a public water system from being held liable in any civil action related to hexavalent chromium in drinking water while implementing a state board-approved hexavalent chromium maximum contaminant level (MCL) compliance plan, or during the period between when it has submitted a hexavalent chromium MCL compliance plan for approval to the state board and action on the proposed compliance plan by the state board is pending, except as specified. (Based on 03/24/2025 text) Position: Support
Priority: (3) Significant
Subject: Trash, Recycling, Water, Resources

75 38

SB 496 (Hurtado, D) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on TRANS. (Ayes 8. Noes 0.) (April 2).

SB 501 (Allen, D) Household Hazardous Waste Producer Responsibility Act.

Current Text: 03/24/2025 - Amended HTML PDF
Status: 04/03/2025 - From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 2).

Summary: (1)Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes a public agency, as defined, to operate a household hazardous waste collection facility under permit from DTSC.This bill would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments. The bill would define “covered product” to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require DTSC to adopt regulations to implement the program with an effective date no earlier than July 1, 2028. (Based on 03/24/2025 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources

SB 682 (Allen, D) Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 04/02/2025 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Health] (PASS) Summary: Current law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Current law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Current law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Current law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Current law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Current law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified. This bill would, beginning January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contain intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define “covered product” to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified. (Based on 02/21/2025 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources

76 39

SB 840 (Limón, D) Greenhouse gases: report.

Current Text: 03/26/2025 - Amended HTML PDF
Status: 04/02/2025 - Re-referred to Com. on E.Q.

Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board, in adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the 1990 levels no later than December 31, 2030. The act requires the Legislative Analyst’s Office, until January 1, 2030, to annually submit to the Legislature a report on the economic impacts and benefits of those greenhouse gas emissions reduction targets.

The act, until January 1, 2031, establishes the Independent Emissions Market Advisory Committee and requires the committee to annually report to the state board and the Joint Legislative Committee on Climate Change Policies on the environmental and economic performance of the regulations establishing the market-based compliance mechanism and other relevant climate change policies. This bill would extend indefinitely the requirement for the Legislative Analyst’s Office to annually submit to the Legislature the report on the economic impacts and benefits of those greenhouse gas emissions targets. The bill would require the committee, at a public hearing, to review the annual report by the Legislative Analyst’s Office. (Based on 03/26/2025 text)
Priority: (6) Info only
Subject: Trash, Recycling, Water, Resources

Total Measures: 111
Total Tracking Forms: 111
77 1
POSITION LETTERS (Attachment 3)
As of April 4, 2025

Attachment 3 includes City of Chino position letters on legislation and regulations submitted since the prior report. The attached letter(s) were submitted on behalf of the City during this reporting period.
78 EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members

CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

April 3, 2025

The Honorable Scott Wiener
California State Senate, District 11
1021 O St, Suite 8620
Sacramento, CA 95814

RE: SB 79 (Wiener), as amended March 5, 2025 - Transit-Oriented Development - OPPOSE

Dear Senator Wiener,

The City of Chino writes to express our strong opposition to your bill, SB 79 (Wiener), which would disregard state-certified housing elements and provide land use authority to transit agencies without requiring developers to build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort compels cities to approve transit -oriented development projects near specified transit stops — up to seven stories high and with a density of 120 homes per acre — without regard for the community's needs, environmental review, or public input.

Most alarmingly, SB 79 defies cities’ general plans and grants transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of development, including height, density, and design, without regard to local zoning or planning regulations.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously arguing that more housing must be constructed around transit stops.

The City of Chino appreciates and respects your interest in pursuing a housing production proposal.

However, as currently drafted, SB 79 will not spur much -needed housing construction in a manner that supports local flexibility, decision -making, and community input. State -driven ministerial or by- right housing approval pro cesses fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

79 SB 79 (Weiner), as amended March 5, 2025
April 3, 2025, p.2

California will never produce the number of homes needed with an increasingly state-driven, by-right housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Chino strongly opposes SB 79.

Sincerely,

Linda Reich
City Manager

cc: The Honorable Susan Rubio, Senate District 22
The Honorable Michelle Rodriguez, Assembly District 53
The Honorable Phillip Chen, Assembly District 59
Laura Varela, League of California Cities, [email protected] League of California Cities, [email protected]

80 EUNICE M. ULLOA KAREN COMSTOCK
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members
CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
March 18, 2025
The Honorable Monique Limón, Chair
Senate Natural Resources and Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
RE: Support for SB 360 (Rubio) – Land Conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino
Dear Senator Limón and Honorable Members of the Committee, On behalf of the City of Chino, I write in support of SB 360 (Rubio), an important bill tha t amends state law regarding the use of Prop 70 land sale proceeds in San Bernardino County. The passing of SB 360 will allow San Bernardino County to use these land sale proceeds to preserve the region’s agricultural heritage and improve parks and recreational fa cilities in the Prado Regional Park, which is located in the City of Chino.

In June 1988, California voters approved Proposition 70, a park bond that provided $776 million for developing conservation lands throughout the State. Prop 70 gave $20 million to San Bernardino County for permanent agricultural preservation. Tha t funding was used by the County to purchase 366.55 acres on nine agricultural properties in the Chino Agricultural Preserve. However, because the lands were not adjacent to each other, it was difficult for the County to fulfill the intent of Prop 70. In 2010, Prop 70 provisions were amended by Senate Bill 1124 (Negrete-McLeod), which allowed San Bernardino County to sell or exchange its Prop 70 properties if replacement property was purchased that would be used for agricultural preservation, community ga rdens, agricultural heritage projects, agricultural a nd wildlife education, or wildlife habitat, or for open-sp ace conservation purposes.

SB 360 (Rubio) amends existing law by expanding the authorized use of proceeds from Prop 70 land sales to include, in addition to the existing agricultural preservation, agricultural heritage projects, agricultural and wildlife education, and open-space conservation purposes, the new categories of parks and recreational purposes within the former Chino Agricultural Preserve. It would allow San Bernardino County to use the proceeds from Prop 70 for parks and recreational fa cilities, including cultural and sporting venues, playgrounds, amphitheaters, and infrastructure to expand access and improve amenities. These provisions apply solely to Sa n Bernardino County's unique situation rather than all Prop 70 la nds in the State. 13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
Web Site: www.cityofchino.org
81 The Honorable Monique Limón
March 18, 2025, p.2
By clarifying state law, SB 360 will facilitate significant park and infrastructure improvements for Prado Regional
Park, allowing San Bernardino County to conserve open space, preserve the region’s agricultural heritage, and expand recreational opportunities.

Please s
upport SB 360. If you have any questions about our position, contact Vivian Castro, our Deputy
City Manager, at 909-334-3307 or [email protected].

Sincerely,
Lind
a Reich
City Manager
cc: The Honorable Susan Rubio
The Honorable Phillip Chen
The Honorable Michelle Rodriguez
The Honorable Curt Hagman
Chino City Council Members
82 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
2024 Chino Climate Action Plan Annual Report.
..end

RECOMMENDATION
Receive and file the 2024 Chino Climate Action Plan Annual Progress Report. ..body

FISCAL IMPACT
The 2024 Climate Action Plan (CAP) Annual Progress Report will not have an impact on the City’s General Fund. Projects undertaken by the City that implement the CAP measures will either be funded through grant moni es or planned for during the annual budget process. The costs for implementing the measures for new and existing private development projects would be borne by the developer and would be expected to be offset by energy savings over time.

This annual report simply reports the progress of implementing the various measures in the CAP.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 83 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: 2024 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.

PAGE: 2

BACKGROUND
The City of Chino (“City”) adopted its first Climate Action Plan (CAP) in November 2013 (2013 CAP), which served as the City’s primary policy document for addressing Greenhouse Gas (GHG) emission reductions. The 2013 CAP identified the GHG emissions inventory for the year 2008 and target for reducing the GHG emissions 15 percent below 2008 levels b y 2020.

The 2013 CAP set policy and identified activities for the City, its residents, and businesses to undertake to reduce the City’s contributions to global climate change. The Plan described the context for reducing GHG emissions in the City; determine d the City’s baseline and forecast of GHG emissions; defined a goal for reducing GHG emissions; proposed reduction measures to help the City meet this goal; and included an implementation and monitoring process to track the effectiveness of the measures. A n annual progress report for the 2013 CAP has been provided to the City Council each year that shows the City has successfully met its 2020 GHG reduction goal. Since the adoption of the City’s 2013 CAP, the State has enacted new climate change regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce GHG emissions to 40 percent below 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated by the City in November 2020 with a new target year of 2030. The 2020 -2030 CAP Update builds upon the 2013 CAP and serves as a comprehensive roadmap to outline strategies that the City will implement to continue achieving its GHG emission reductions into the year 2030 and beyond, thereby ensuring sustainable and healthy growth. Attached is an updated annual report outlining the fourth year (202 4) progress of the 2020 -2030 CAP. The Climate Action Plan annual report ensures responsible long-range planning through the review of greenhouse reduction measures as identified in the Climate Action Plan.

ISSUES/ANALYSIS
In the 2020-2030 CAP, the City selected a target or goal to achieve a reduction in emissions 46 percent lower than the 2008 baseline (equivalent to 40 percent below 1990 le vels) by the year 2030. The City’s emissions reduction forecasted for the year 2030 was developed as a result of GHG emission reduction efforts that were being taken by the State, County, and the proposed City GHG reduction measures. Below highlights some of the City’s progress in implementing those measures in 2024.

Energy Efficiency - Energy Efficiency reduction measures contributed to 6 percent of the total GHG reductions achieved in 2024. These measures include retrofitting existing buildings to become more energy efficient, outdoor lighting upgrades, and public outreach and education, including:
 261 homes were renovated for energy efficiency upgrades that include such items as re-roofs and upgraded HVAC systems.
 267,523 square feet of commercial space w as renovated for energy efficiency upgrades. Those items include upgrades to HVAC, ceiling/wall installation, lighting, and roofing.
 408 streetlights were upgraded by the City to include LED light fixtures.

Renewable Energy - Renewable Energy reduction measures contributed to 3 7 percent of the total GHG reductions achieved in 2024. These measures include retrofitting existing residential homes, and existing commercial and industrial buildings for solar installations. As a re sult, photovoltaic solar panels totaling 6,216 kilowatts (kW) of capacity were installed on existing residential homes, and commercial and industrial buildings.
84 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: 2024 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.

PAGE: 3

On-Road Transportation - On-Road Transportation reduction measures contributed 37 percent to th e total GHG reduction achieved in 2024. These measures include studying signalized traffic intersections and modifying them for optimization, expanding bike routes, and installing EV charging stations. The following bullets highlight some of the City’s pro gress in implementing a few of the more significant On -Road Transportation GHG reduction measures:
 5 traffic signals were replaced by the City to include LED smart signalization.  0.8 miles of bicycle lanes and 10 secure bike racks were installed.  15 EV charging stations were installed.

Solid Waste - Solid Waste reduction measures contributed to 1 8 percent of the total GHG reductions achieved in 2024. The measures include diverting solid waste from landfills and increasing recyclable materials.

Through the fourth year of implementation of the 2020 -2030 CAP, the City has made significant progress by reducing its overall GHG emissions by 31,253 metric tons carbon dioxide equivalent (MTCO2e), which is approximately 75 percent of the 2030 GHG reduction 2030 goal of 41,131 MTCO2e. At this rate, the City will not only meet, but exceed the City’s GHG reduction target goal of 46 percent lower than the 2008 baseline level by 2030.

Attachment: 2024 City of Chino Climate Action Plan Progress Report

85 Prepared by

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION
April 2025

CITY OF CHINO
2024 Climate Action Plan Progress Report

86 87

Contents

Overview Page 1
Energy Efficiency Page 3
Renewable Energy Page 4
On-Road Transportation Page 5
Solid Waste Generation Page 6
Water Conveyance Page 7
Wastewater Treatment Page 8
GHG Performance Standard Page 9
Looking Ahead Page 10

The City has made
significant progress in
implementing the 2020-
2030 CAP Update.
88 Overview
The City of Chino adopted a Climate Action Plan (CAP) in November 2013 to reduce greenhouse gas (GHG) emissions generated by community activities. Since the adoption of the City’s 2013 CAP, the State of California (State) enacted new climate change regulations which implement statewide targets to reduce GHG emissions to 40% below the 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated with a new target year of 2030 and was approved by the City Council on November 17, 2020. The 2020-2030 CAP Update builds on the successes of the 2013 CAP and uses the analysis from the San Bernardino Regional Greenhouse Gas Reduction Plan Update (Regional Plan), completed in March 2014 . The Regional Plan was a collaborative effort a mong the San Bernardino Council of Governments ( SBCOG), 24 Partnership Cities, and the County of San Bernardino to develop regional GHG inventories and reduction measures to more effectively address GHG emissions and climate change in San Bernardino County.

The 2020-2030 CAP Update establishes a GHG reduction target of achieving 46% below 2008 emissions levels by 203 0. This ambitious target is consistent with larger statewide ob jectives outlined under Senate Bill 32 (SB 32) and represents the City’s commitment to reducing GHG emissions generated within the community. The emissions target will not be achieved overnight, nor will it be met through a single action. Rather, the CAP outlines 1 5 measures that will work in conjunction with State initiatives to improve energy efficiency, encourage resource conservative, and support sustainable practices that will lower GHG emissions and enhance community resiliency to climate change. A significant difference between the 2020 -2030 CAP and the 2013 CAP is the methodology on how GHG reduction measure s are calculated. A n updated tracking tool has been developed to measure and track specific categories that include items such as re-roofs, installation of solar panels, upgraded HVAC systems, installation of LED streetlights and Electrical Vehicle (EV) charging stations. This tracking tool helps to provide a more accurate calculation of GHG reduction related to the implementation of the categories noted above. These methods of tracking are explained in greater detail below.

In order for the City to achieve
its 2030 GHG reduction target,
the City will need to reduce
their emissions by 41,131
metric tons carbon dioxide
equivalent (MTCO 2e). Within
the first four years of
implementation of the 2020 -
2030 CAP Update, the City has
reduced their GHG emissions by
31,253 metric tons carbon
dioxide equivalent (MTCO 2e),
which is approximately 75% of
the GHG reduction target goal
(see Figure 1). Significant
progress was made by the City
in implementing all 15 local
GHG reduction measures in
the following sectors:

Energy, Renewable Energy,
On-Road Transportation,
Figure 1. Annual Greenhouse Gas Emission (GHG) Reductions Compared to 2030 GHG Reduction Target

10,353
14,419
25,778
31,253
41,131
2021 2022 2023 2024 2030 Target
MT CO2e
Year
Annual GHG Emissions Reductions vs.
2030 GHG Reduction Target
89 Solid Waste, Wastewater Treatment, Water Conveyance, and Design Review Process (DRP) for New Development. On-Road Transportation reduction measures contributed to the most ( 37%) overall GHG reduction in the City for year 2024, while DRP for New Development contributed the least (2%) (see Figure 2). The GHG reduction measures listed in Wastewater Treatment and Water Conveyance sectors are unquantifiable in tracking the amount of GHG reduction; therefore, were not included in the pie chart below.

Figure 2. Greenhouse Gas Reductions by Sector

The progress report outlines the current status of each measure identified in the City’s 2020 -2030 CAP. Metrics have been established for all measures to track implementation progress more specifically. The sector summaries on the following pages identify each measure, the tracking metric, and emission reductions achieved to -date, as available. The progress report concludes with a summary of actions that need to be taken during the next tracking year to adaptively manage the CAP and encourage additional emissions reduction.

Energy
1,772,MT CO2e
Renewable Energy
11,608 MT CO2e
On-Road
Transportation
11,717 MT CO2e
Solid Waste
5,644,MT CO2e
DRP
492 MT CO2e

GREENHOUSE GAS REDUCTIONS BY SECTOR
90 2020-2030 CAP Update Progress Report 3 April 2025

Energy Efficiency
The 2020- 2030 CAP identifies four GHG reduction
measures to improve energy efficiency throughout the
City. These measures include retrofitting existing
buildings to become more energy efficient , outdoor
lighting upgrades, and public outreach and education
about energy efficiency and incentive programs .

Emission reduction s achieved by the measures
represent 6% of total GHG reductions achieved by the
City in 2024. Equally important, the measures provide
a number of community co -benefits, including
increased energy efficiency while reducing demand,
sustainability education and awareness, and
improved air quality and public health.
2024 Highlights
• A total 261 homes were renovated.
• A total of 267,523 square feet of commercial space was renovated. • The City upgraded 408 streetlights to LED.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target 2030
Target
Achieved 2030
Target
Achieved
Energy-1 thru 3.

Energy efficiency
incentives and
programs to
promote energy
efficiency for
existing buildings
Homes
retrofitted
In
progress 1,000 261 2,686 156.02 6%
Commercial
square
footage
retrofitted
In
progress 70,000 267,523 1,758 1332.53 76%
Energy-4
Outdoor lighting
upgrades for
existing
development
Percentage
of outdoor
LED
streetlights
In
progress 100% 142% 200 283.64 142%
MTCO2e = carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

91 2020-2030 CAP Update Progress Report 4 April 2025

Renewable Energy
The 2020 -2030 CAP identifies two GHG
reduction measures to improve renewable
energy throughout the City. These measures
include public outreach and education,
incentive programs, and retrofitting existing
residential homes, commercial buildings, and
industrial buildings for solar installations.

Emission reductions achieved by this
measure represent 37% of total reductions
achieved by the City in 202 4. Equally
important, the measures provide a number of
community co -benefits, including increased
energy efficiency while reducing demand, improved air quality and public health, and increased renewable energy.
2024 Highlights
• Photovoltaic (PV) solar panels totaling 6,216 kilowatts (kW) of capacity were installed on existing residential homes, existing commercial, and existing industrial buildings.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
Energy-5
Renewable Energy
installation on
existing residential
kW of
solar
panels
In
progress 23,794 1,839 8,687 9,113.75 105%
Energy 6
Renewable Energy
installation on
existing
commercial/
industrial
kW of
solar
panels
In
progress N/A 4,377 N/A 2,494.19 N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

92 2020-2030 CAP Update Progress Report 5 April 2025

On-Road Transportation
The 2020 -2030 CAP identifies four GHG
reduction measures for on-road transportation.

These measures include educating City staff on
ride sharing programs, reducing vehicle miles
traveled (VMT) by expanding and improving
bicycle and pedestrian infrastructure, expanding
the Smart Signal system of LED traffic lights, and
providing community based electric vehicle (EV)
charging stations. Emission reductions achieved
by the se measures represent 37 % of total GHG
reductions achieved by the City in 2024. Equally
important, the measures provide a number of
community co -benefits, including improved air
quality and public health, road and bicycle safety,
and increased non-motorized transportation.
2024 Highlights
• A total of 15 EV charging stations were installed.
• 0.8 miles of bicycle lanes dedicated with 10 secure bike racks were installed. • The City replaced 5 traffic signals with LED smart signalization.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
On-Road-1
Employee
training
Training
Sessions
In
progress N/A N/A N/A N/A N/A
On-Road 2 LED
Traffic signals
synchronized
to TDM System.

Number of
signals replaced
& synchronized.

In
progress 155 5 2,797 1.21 >1%
On Road-3
Bicycle, and
pedestrian
infrastructure
Miles of bike
lanes, sidewalks,
number of bike
racks,
crosswalks
In
progress
8 miles

0.8 miles
& 10 bike
racks
3,047 57.50 2%
On-Road-4
Electric Vehicle
Charging
stations
Number of EV
charging
stations
In
progress 50 15 6,591 1,766.41 27%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 93 2020-2030 CAP Update Progress Report 6 April 2025

Solid Waste Generation
The 2020 -2030 CAP identifie s one GHG reduction
related to solid waste. This measure consisted of
meeting a 50% diversion goal in 2020 and
increasing that to 70 % by 2030. Emission
reductions achieved by this measure represent 18%
of total GHG reductions achieved by the City in 2024.

Equally important, the measures provide a number
of community co -benefits, including resource
conservation, and improved air quality and public
health.

2024 Highlights
• The City almost met the near term (2020) goal of 50% diversion in 2023 and is continuing to increase recycling within the City toward the 2030 goal of 70% diversion.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved
a
Target Achieved 2030
Target
Achieved
Solid Waste-1
Diversion goals
Percent of
recycled
materials
diverted from
the land fill.

In
progress
50 % by
2020
70%
by2030

49.5% 15,111 5,644 37%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 94 2020-2030 CAP Update Progress Report 7 April 2025

Water Conveyance
The 2020 -2030 CAP identifies two water
conservation measures. These measures
include promoting and educating the public
on water efficiency, water conservation
programs, and water efficient landscaping
practices to property owners, residents, and
businesses throughout Chino . Efforts made
by City staff as highlighted in bullets below
contributed to the City’s overall reduction in
GHG emissions, even if staff’s efforts are
unquantifiable in tracking the amount of
GHG reduction. Equally important, the
measures provide a number of community
co-benefits, including conserving portable
water supplies, and improved air quality and public health. 2024 Highlights
• Promoted water efficiency practices through social media and cable news outlets. • Offered Chino residents direct install weather-based irrigation timers free of charge. • City installed underground soil monitoring systems at various City parks. • The City transitioned the police department site to drought-tolerant landscaping.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
Water-1 and
Water-2 Promote
and educate
water efficiency,
water
conservation,
water efficient
landscaping to
residents,
businesses, and
property owners.

Public
outreach
and
education
In progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced. 95 2020-2030 CAP Update Progress Report 8 April 2025

Wastewater Treatment
The 2020 -2030 CAP identifies one wastewater
measure. The measure includes working with
Inland Empire Utilities Agency (IEUA) to identify
new locations for recycle d water, and public
outreach and education. Efforts made by City
staff as highlighted in bullets below contributed
to the City’s overall reduction in GHG emissions,
even if staff’s efforts are unquantifiable in
tracking the amount of GHG reduction . Equally
important, the measure provides a number of
community co -benefits, including conserving
water supplies, and improved air quality and
public health.

2024 Highlights
• Water use efficiency and rebate program incentives are provided through the Champion newspaper and customer utility billing inserts.
• The City tracks rebate programs for turf replacement and other water efficiency programs offered by Monte Vista Water District and Inland Empire Utility Agency.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a Target Achieved Target Achieved
Wastewater-1
Promote and
encourage
recycled water
consumption by
residential,
commercial, and
industrial users.

Public
outreach
and
education
In
progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.

96 2020-2030 CAP Update Progress Report 9 April 2025

GHG Performance Standard for New Development
The 2020- 2030 CAP identifies one
Development Review Process (DRP)
measure that requires new development
projects not exempt from the California
Environmental Quality Act (CEQA) to fill
out a screening table, demonstrating
compliance with the 2020 -2030 CAP.

Screening tables are a menu of options of
energy efficiency improvements,
renewable energy options, water
conservation measures, and other options
that provide predictable GHG reductions.

Each option within the screening tables is
given a point value. Developers who choose
options from the screening tables totaling
100 points or more will be determined to
have provided a fair-share contribution of GHG reductions; therefore, consistent with the 2020-2030 CAP. Equally important, the measure provides a number of community co -benefits, including increased energy efficiency while reducing energy demands, increased renewable energy, enhanced land use and community design, and increased non-motorized transportation. 2024 Highlights
• One new development application was required to use the GHG Screening Tables.

Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of
2030 Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
DRP-1 GHG
Performance
Standard
Number of new
development
applications
using the
Screening
Tables
Not
Started 25 1 6,051 491.6 8%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 97 2020-2030 CAP Update Progress Report 10 April 2025

Looking Ahead
While the City has made significant progress towards its 203 0 GHG reduction target by completing approximately 75% of its 2030 goal as of 2024, much work still remains to be done. Climate change and our understanding of local effects are constantly evolving. Adaptively managing the 2020-2030 CAP to respond to new information is therefore necessary to ensure programs are functi oning effectively and the City continues to advance as a climate change leader. Annually, staff will continue to monitor the progress and effectiveness of each measure and modify the measures, as needed, to maximize GHG emissions reduction for years to come. As the 2020-2030 CAP comes to near end, the CAP will be updated with new and revised measures that will help the City further reduce the amount of GHG emissions to achieve statewide carbon neutrality by year 2045(Executive Order EO B-55-18).

98 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Annexation of Territory into Community Facilities District No 2003-3 IA 5 for Municipal Services. ..end

RECOMMENDATION
1) Adopt Resolution No. 2025-013, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services; 2) schedule a public hearing for Tuesday, May 20, 202 5; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Annexation of the property will initially add an additional $2,102.50 of Special Taxes annually, to be levied within Improvement Area (IA 5) of Community Facilities District No. 2003 -3 (CFD No. 2003-3) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003 -3. As the balance of the property develops, additional revenues from the planned multi-family development will be levied annually for the same purpose. The projected revenue from the planned multi -family development will be between $108 and $138 per developed unit. The aggregate projected annual revenue is estimated to be $25,338 but will vary based upon the final number and size of multi-family units constructed.

Revenue: Click or tap here to enter text.

Expenditure: See Attached Schedule
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 99 CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO 2003-3 IA 5 FOR MUNICIPAL SERVICES.

PAGE: 2

BACKGROUND
The City’s General Plan requires the City to ensure that new development within the City has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003 -3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003 -3. In addition, the City formed IA 5 of CFD 2003 -3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for IA 5 (Note: No public facilities are authorized to be financed through IA 5 and no CFD bonds will be issued payable by IA 5 Special Taxes).

The Rate and Method of Apportionment (RMA) for IA 5 includes the Special Tax rates for residential and non -residential properties. Authorized municipal services payable from IA 5 Special Taxes include maintenance of parkways, operation of storm d rainage systems, and public safety services.

ISSUES/ANALYSIS
A parcel in The Preserve owned by Chino Preserve Development Corporation (effectively owned by Lewis Management Group) is now ready to be annexed into IA 5. This property is located south of Pine and east of Euclid Avenues. This property has been conditioned to annex into IA 5 and as such Lewis has submitted an application to proceed with the annexation. The annexation of this property will provide funding for necessary municipal services p rovided to the properties.

The Mello-Roos Act requires the City to adopt a Resolution of Intention to consider annexation of property into the District. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper at least seven days prior to the public hearing. Additionally, the full notice must be mailed to the property owners prior t o the election. After the public hearing has been held, assuming the City Council determines to proceed with the annexation process, an election will be held for the property owners within the territory proposed to be annexed. As there are fewer than 12 registered voters within the territory proposed to be annexed, the election will be a landowner election with each landowner receiving one vote for each acre or fraction thereof owned. Such property owners will cast their ballots which will be counted by the City Clerk, and if the annexation is approved by the property owner(s), the City Council will adopt a resolution declaring the results of the special election and ordering annexation of proposed property to IA 5 of CFD 2003-3 and the recordation of a Notice of Special Tax Lien on such annexed property.

On May 20, 2025, a public hearing will be scheduled to consider the proposed annexation and to hear any property owners or interested parties who wish to speak to the City Council on the proposed annexation. The annexation into IA5 of CFD 2003 -3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into IA5 of CFD 2003 -3 at a special election. The proposed voting procedure shall be by special mail delivered ballots to the landowners in the proposed annexed area of Improvement Area 5 of CFD 2003-3 (in this case, only Chino Preserve Development Corporation).

Upon adoption of Resolution No. 2025-013, a ballot and a waiver form will be prepared and sent to each property owner. The waiver form allows the property owner to waive the standard 90 - day waiting period between the calling of the special election and the actual election, along with 100
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO 2003-3 IA 5 FOR MUNICIPAL SERVICES.

PAGE: 3

certain other procedures. Each property owner has agreed to sign the waiver to ensure the election occurs on an expedited basis.

Attachment: Resolution No. 2025-013 (Exhibits A, B, and C) Annexation Map No. 9

101

1 RESOLUTION NO. 2025-013

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO ,

CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO
IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3 OF THE CITY OF CHINO AND ADOPTING MAP OF AREAS PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 9)
WHEREAS, on May 6, 2008, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2008-21 (the “Resolution of Formation”) to form Improvement Area No. 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursu ant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and WHEREAS, in March, 2013, the City annexed certain territory to Improvement Area 5 (“Annexation No. 1”), in January, 2019, the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 2”), on May 22, 2019 the City annexed ce rtain additional territory to Improvement Area 5 (“Annexation No. 3”), on July 2, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 4”), on December 3, 2019 the City annexed certain additional territory to Improvemen t Area 5 (“Annexation No. 5”), on April 7, 2020 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 6”); on October 18, 2022 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 7”) ; and on October 17, 2023 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 8”); and WHEREAS, the City has received a petition from Chino Preserve Development Corporation, a California corporation (the “Owner”), the own er of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to Improvement Area 5 of the Community Facilities District, and agreeing to the annual levy of special taxes on such prope rty sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to Improvement Are a 5 of the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council de clares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to Improvement Area 5 of the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to Improvement Area 5 of the Community Facilities District. 102
2 Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is Improvement Area 5 of Communit y Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map . The territory which is included in the Community Facilities District is described on the Fourth Amended Map of the Community Facilities District recorded on December 3, 2013 in Book 86 of Maps of Assessment and Community Facilities Districts, pages 1 -7, and as Instrument No. 2013-0519677 of the official records of the County of San Bernardino . The Proposed Annexation Area proposed to be annexed to Improvement Area 5 of the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof.

Such Proposed Annexation Area is also shown and described on the map thereof entitled “Annexation Map No. 9, Community Facilities District No. 2003-3 Improvement Area 5 of City of Chino, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 4. Types of Services ; Incidental Expenses; Plan for Providing Services . The services to be provided and financed by Improvement Area 5 of the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution N o. 2008-021 of the City Council adopted on May 6, 2008 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public s afety services, within or for the benefit of Improvement Area 5 of the Community Facilities District.

The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxe s which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout Improvement Area 5 of the Community Facilities District and the P roposed Annexation Area for the benefit of all owners of property and residents of Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of Improvement Area 5 of the Community Facilitie s District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied agains t any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the servic es described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property 103
3 within Improvement Area 5 of the Community Facilities District to pay the cost of such services in such fiscal year.

Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District.

Pursuant to Section 3111 of sa id Code, the Clerk of the City (the “City Clerk”) shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of th e public hearing specified in Section 8 below.

Section 7. Hearing. A public hearing on the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District shall be held at 6:00 p.m. on May 20, 2025 in the Council Chambers of the City Council of t he City of Chino, 13220 Central Avenue, Chino, California.

Section 8. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Act. Said notice shall (i) be published in a newspaper of general circulation within the City at least seven (7) days prior to the date fixed for the public hearing, (ii) be mailed by first -class to the landowner within the Proposed Annexation Area, and (iii) contain the information required by Section 53339.4 of the Act.

Section 9. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the Proposed Annexation Area to pay for the Services thereof shall be as follows:

1. If at the time of the close of the public o r protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the Proposed Annexation Area, the election shall be conducted by the Registrar of Voters of the County of San Bernardino and shall be hel d on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 of t he Act the ballots for the election shall be distributed to the qualified electors of the Proposed Annexation Area by mail with return postage prepaid and the election shall be conducted as a mail ballot election.

2. If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the Proposed Annexation Area, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowner of the Proposed Annexation Area, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(a) The election shall be held on the earliest dat e following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Act which may be selected by the City Council, or such earlier date as the Owner of land within the Proposed Annexation Area and the City Clerk agree and concur is acceptable. 104
4 (b) Pursuant to Section 53326 of the Act, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors within the Proposed Annexation Area waive the time limits for conducting t he election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(d) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9314 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9315 to 9317, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution and the exhibits hereto; provided, however, that if the vote in the e lection is to be by the landowner of the Proposed Annexation Area, such statement, analysis and arguments may be waived with the unanimous consent of all the landowner and shall be so stated in the resolution adopted by the City Council calling the election.
(e) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, a s well as the intent of the landowner -voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and fu rther certifying as to the acreage of the landowner -voter’s land ownership within the Proposed Annexation Area.
(f) The return identification envelope delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
105
5 (g) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon a nd with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5 o’clock p.m. o n the date of the election; provided that the election shall be closed before such hour if the Clerk determines that all qualified voters have voted. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council regarding the resu lts of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 15th day of April 2025.

CITY COUNCIL OF THE CITY OF CHINO

By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino

106
6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 15th day of April 2025, by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibits A, B and C
107

A-1

EXHIBIT A

DESCRIPTION OF THE PROPOSED ANNEXATION AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:

OWNER APN NUMBERS

APPROXIMATE

ACREAGE
Chino Preserve Development
Corporation
1057-441-04-0000
TOTAL ACREAGE: 9.25

108

B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
No Public Facilities are proposed to be funded by Improvement Area 5 of Community Facilities District No. 2003-3.

TYPES OF SERVICES
The types of Services that are proposed to be provided by Improvement Area 5 of Community Facilities District No. 2003 -3 and funded with the proceeds of special taxes levied by Improvement Area 5 of Community Facilities District No. 2003 -3 consist of services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection s ervices; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of Improvement Area 5 of Community Facilities District No. 2003-3, and any territory annexed thereto.

109

C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(Improvement Area No. 5)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A in Improvement Area No. 5 of the City of Chino (“City”) Community Facilities District No. 2003 -3 (“CFD No. 2003 -3”). An Annual Special Tax A shall be levied on and collected in Improvement Area No. 5 of CFD No. 2003 -3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below.

All of the real property within Improvement Area No. 5, unless exempted by law or by the provisions hereof, shall be taxed for the pur poses, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. “Act” means the Mello -Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement which are incurred by the City on behalf of Improvement Area No. 5 related to the determination of the amount of the levy of Special Tax A, the collection of Special Tax A including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 5, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 5.
“Annual Special Tax A” means the Sp ecial Tax A actually levied in any Fiscal Year on any Assessor’s Parcel.
“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single Family Property and taxed accordingly.
110

C-2

“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 5. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003 -3” means Community Facilities District No. 2003 -3 establishe d by the City under the Act.
“City Council” means the City Council of the City of Chino, acting as the Legislative Body of CFD No. 2003-3, or its designee.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Ta xable Property that: (i) are included in a Final Map that was recorded prior to March 1 st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1 st preceding the Fiscal Year in which the Special Tax A is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax A as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. 111

C-3

“Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.
“Improvement Area No. 5” means Improvement Area No. 5 of CFD No. 2003 -3, as identified on the third amended boundary map for CFD No. 2003-3.
“Maximum Special Tax A” means the Maximum Special Tax A, determined in accordance with Section C that can be levied by CFD No. 2003 -3 within in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessor’s Parcels of Developed P roperty for which a building permit was issued for any type of non-residential use. “Proportionately,” in the case of Special Tax A, means that the ratio of the Annual Special Tax A levy to the applicable Maximum Special Tax A is equal for all applicable Assessor’s Parcels. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
“Services” means services permitted under the Me llo-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
“Single Family Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.
“Single Family Unit” means a dwelling unit other than an Apartment Unit. “Special Tax A” means any of the special taxes authorized to be levied within CFD No. 2003 -3 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2003 -3 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Speci al Tax A Requirement include funds for Bonds.
“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 5, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008 -09, each Assessor’s Parcel within Improvement Area No. 5 shall be classified as Taxable Property or Exempt Property. In 112

C-4

addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non -Residential Property. Lastly, each Assessor’s Parcel of Residential Property shall further be classified as Single Family Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX A

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

TABLE 1
Maximum Special Tax A for Developed Property

Land Use Type Building Square Footage Rate
Single Family Unit Less than 1,050 $223 per Unit
Single Family Unit 1,050– 1,199 $242 per Unit
Single Family Unit 1,200 – 1,349 $261 per Unit
Single Family Unit 1,350 – 1,499 $280 per Unit
Single Family Unit 1,500 – 1,649 $299 per Unit
Single Family Unit 1,650 – 1,799 $319 per Unit
Single Family Unit 1,800 – 1,949 $339 per Unit
Single Family Unit 1,950 – 2,099 $359 per Unit
Single Family Unit 2,100 – 2,249 $379 per Unit
Single Family Unit 2,250 – 2,399 $399 per Unit
Single Family Unit 2,400 – 2,549 $419 per Unit
Single Family Unit 2,550 – 2,699 $439 per Unit
Single Family Unit 2,700 – 2,849 $459 per Unit
Single Family Unit 2,850 – 2,999 $479 per Unit
Single Family Unit 3,000 – 3,149 $499 per Unit
Single Family Unit 3,150 – 3,299 $519 per Unit
Single Family Unit 3,300 – 3,449 $540 per Unit
Single Family Unit 3,450 – 3,599 $561 per Unit
Single Family Unit 3,600 – 3,749 $582 per Unit
Single Family Unit 3,750 or Greater $603 per Unit
Apartment Unit Less than 850 $108 per Unit
Apartment Unit 850-1,049 $123 per Unit
Apartment Unit 1,050 or greater $138 per Unit
Non-Residential Property N/A $1,450 per Acre

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2. Approved Property and Undeveloped Property
No Special Tax A shall be levied on Approved Property and Undeveloped Property.

SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX A
Commencing with Fiscal Year 2008-09 and for each following Fiscal Year, the City shall levy the Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.

SECTION E

PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A cannot be prepaid.

SECTION F

TERM OF SPECIAL TAX A
For each Fiscal Year, the Special Tax A shall be levied in perpetuity as long as the Services are being provided.

SECTION G

EXEMPTIONS
The City shall classify Exempt Property within Improvement Area 5 as (i) Asses sor’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) Assess or’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.

SECTION H

APPEALS
Any property owner claiming that the amount or application of the Special Tax A 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 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 the Special Tax A, and rule on the appeal. If the representative’s decision requires that the Special Tax A for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund sh all not be made, but an 114

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adjustment shall be made to the Annual Special Tax A on that Assessor’s Parcel in the subsequent Fiscal Year(s).

SECTION I

MANNER OF COLLECTION
The Annual Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2003 -3 may collect the Annual Special Tax A at a different time or in a different manner if necessary to meet its financial obligations.
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I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 9 TO IMPROVEMENT AREA NO. 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2025, BY RESOLUTION NO. ______________________.
_____________________________________

CITY CLERK, CITY OF CHINO
SHEET 1 OF 1
M:\GIS-Assessment\Chino\Chino_CFD2003-3_IA5_Annex9.mxd

PINE AVE

MARKET ST
W

EST PRESERVE LOOP

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2024-25.

ANNEXATION MAP NO. 9

PROJECT

LOCATION
83 PINE AVE

KIMBALL AVE

CHINO-CORONA RD
EUCLID
AVE

BICKMORE AVE
GROVE
AVE

FERN AVE
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 5

OF THE CITY OF CHINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
0 200 400 600
Feet

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
__________________________ THIS _____ DAY OF
__________________ 2025 AT __________ M.

IN BOOK _________________ OF _______________________
AT PAGE _________________ AT THE REQUEST OF THE CITY
OF CHINO IN THE AMOUNT OF $________________________

CHRIS WILHITE

ASSESSOR-RECORDER-COUNTY CLERK

SAN BERNARDINO COUNTY
BY: ______________________________________

DEPUTY RECORDER

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF

WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OF

MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECOND AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.
2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDED
BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286 IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THE

COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2025
BY: _______________________________________

CITY CLERK, CITY OF CHINO

ASSESSOR PARCEL NUMBERS
1057-441-04-0000
LEGEND

ANNEXATION BOUNDARY

PARCEL BOUNDARY
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
Chino Preserve Development Corporation – Final Map and Subdivision Improvement Agreement for Tract Map No. 16420-7.
..end

RECOMMENDATION
1) Approve Final Tract Map No . 16420-7; 2) approve Subdivision Improvement Agreement and securities with Chino Preserve Development Corporation for Tract Map No . 16420 -7; and 3) authorize the City Manager to execute any necessary documents on behalf of the City. ..body

FISCAL IMPACT
There is no direct fiscal impact to the City.

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:
 Responsible Long-Range Planning
 Public Service Excellence Through Internal & External Partnerships

117
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-7.

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original Master Site Approval was to establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 2022, the Cit y’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Tract Map No. 16420 -7 is a portion of the amended Tract Map 16420 and will serve as the future site of an In -N-Out restaurant currently under entitlement review. The master developer, Chino Preserve Development Corporation (also referred to as “Lewis”), is finalizing the map for recordation to facilitate the sale of the property to In-N-Out Corporation.

As a Condition of Approval (COA), Lewis is required to complete off -site improvements along Pine Avenue, including but not limited to curb, gutter, streetlights, asphalt concrete pavement, parkway landscaping, sewer, water, recycled water, and drainage improvements . To guarantee completion of these public improvements, Lewis m ust enter into a Subdivision Improvement Agreement (SIA) and provide the necessary securities.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been satisfied through the execution of the SIA for Tract Map No. 16420 -7 and the posting of the necessary securities to guarantee the construction of public improvements conditioned under the amended Tract Map No. 16420. The Subdivision Improvement Agreement and the associated securities have been reviewed and approved by the City Attorney and are included as Exhibit B.

Attachments: Exhibit A - Location Map Tract Map No. 16420-7 Exhibit B - Subdivision Improvement Agreement

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01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CHINO PRESERVE DEVELOPMENT CORPORATION
120

01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION

Agreement Date: April 15, 2025

Subdivider Name: Chino Preserve Development Corporation

Subdivision Description: On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into small er lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Tract Map No. 16420-7 is a portion of the amended Tract Map 16420 and will serve as the future site of an In -N-Out restaurant currently under entitlement review. The master developer, Chino Preserve Development Corporation (also referred to as “Lewis”), is finalizing the map for recordation to facilitate the sale of the property to In-N-Out Corporation.

Tentative Map No.: 16420-7
E
stimated Total Cost of Improvements: $76,700.00

Estimated Total Cost of Monumentation : $0 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Tract No. 16420-7 In-N-Out Parcel Streets - $38,400.00
Tract No. 16420-7 In-N-Out Parcel Wet Utilities - $38,300.00

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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Chino Preserve Development Corporation

c/o Darius Fatakia
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786

(909) 579-1229
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

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01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 123

01225.0006/366470.2

5.1 Subdivider Responsible for All Related Costs of Construction

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 15th day of April 2025, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Chino Preserve Devel opment Corporation, a California corporation (“SUBDIVIDER”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 16420-7, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain “Works of Improvement ” (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-7 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement . Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $122,700.00.
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, inc idental appurtenances, materials, and the like.

If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plan s consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the wor k. Without the City Engineer ’s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-7 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the en gineer or surveyor for the setting of said monuments.

1.5. Performance of Work . Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider’s obligations under this Agreement.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work.

No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in w riting by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4. 126

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3 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1.9. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1.10. Documents Available at the Site . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider’s contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.

After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job s ite. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect 127

01225.0006/366470.2
4 the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control require ments, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Acceptance of Works of Improvement . After Subdivider ’s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider’s contractor’s initial request for final inspection. If items are found by City’s inspectors to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Unt il recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may re quire Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdi vider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence 129

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6 that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, a nd similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender 130

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7 expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’ licenses for the type of work being performed. All of Subdivider’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all va lid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and sati sfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 76,700.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $38,400.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith.

Required Security Instrument for Maintenance and Warranty . Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of 131

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8 Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $ 7,600.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
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9 (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failur e by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdi vider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.
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10 4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5.2. Payment to City for Cost of Related Inspection and Engineering Services .

Subdivider shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and char ges have been fully paid, including without limitation, charges for ap plicable penalties and additional required inspections.
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11 5.3. Payment of Development Impact Fees . Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notic e of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, 135

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12 subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordan ce with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive . In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider ’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees an d costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreeme nt.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or lo ss of any sort, because of, or arising out of, acts or 136

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13 omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and a greement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particula r improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance , the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the C ity, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
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14 11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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15 (iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.” (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.
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16 12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its 140

01225.0006/366470.2
17 ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider ’s responsibilities with regard to this Agreement, (the “Replacement Subdivider”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider ’s responsibility to maintain until such time as Subdivider a nd its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City ’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City’s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider ’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date 141

01225.0006/366470.2
18 is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water a nd sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be express ly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]

142

01225.0006/366470.2
19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

143

01225.0006/366470.2
144
01225.
0006/366470.2
EX
HIBIT “A”
[attached]
145
146

01225.0006/366470.2 B-1
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 16420-7 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping (plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
147
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$
SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ 176 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 4,576.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$
LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
840 SF 8" PCC Pavement on 6" AB 16.00$ 13,440.00$
SF 4" PCC Sidewalk 5.80$ -$
SF 6" PCC Thick Drive Approach on 6" AB 12.50$ -$
SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$
LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
TON AC Variable - >300T 120.00$ -$
TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 148
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Adjust Sewer Manhole to Grade 950.00$ -$
EA Adjust Sewer Cleanout to Grade 500.00$ -$
EA Adjust Water Valve and Can to Grade 525.00$ -$
1 EA Relocate Street Light (PMMC Owned) 8,500.00$ 8,500.00$ EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
Signing & Striping for
LF Arterial 19.00$ -$
LF Collector 13.00$ -$
LF Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) 25.00$ -$
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ -$
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 149
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ -$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ -$
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) 500,000.00$ -$
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ -$
EA Traffic Signal Loops 600.00$ -$
SF 4" to 6" Fresno River Cobble Pavement 10.00$ -$
LF Metal Beam Guard Rail 70.00$ -$

STREETS
STREET SUBTOTAL 26,516.00$
LS Mobilzation (5% of Construction Cost) 5% 1,325.80$
LS Traffic Control (5% of Construction Cost) 5% 1,325.80$ LS Clear & Grub Site (5% of Construction Cost) 5% 1,325.80$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 1,325.80$ GRAND TOTAL STREETS ONLY 31,819.20$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 150
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$
CY Pipe Bedding & Compaction (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ -$
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ -$
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ -$
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ -$
LF Removal, Disposal of ACP and Backfill 150.00$ -$
EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$
EA Blow-off Assembly 4" per City Std. 8,600.00$ -$
EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL WATER ONLY -$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 151
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$
CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ -$
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ -$
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ -$
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ -$
EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$
EA Blow-off Assembly 5" per City Std. 8,600.00$ -$
EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$

RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 152
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 -$
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 -$
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 -$
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 -$
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 -$
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 -$
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
EA Sewer Cleanout $1,800.00 -$
LF 6" PVC SDR-35 $80.00 -$
LF Concrete Blanket per SPPWC 225-3 $1,200.00 -$
SEWER
SEWER SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY -$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 153
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$
LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$
EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ EA Concrete Collar 1,500.00$ -$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ -$
LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ -$
LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ -$
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ -$
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ -$
LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ -$
LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ -$
LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ -$
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ -$
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ -$
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ -$
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ -$
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ -$
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ -$
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 154
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ -$
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ -$
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ -$
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ -$
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ -$
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 700.00$ -$
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ -$
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ -$
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ -$
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ -$
LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 680.00$ -$
EA 24" CMP Riser 1,250.00$ -$
LF 24" CSP Pipe 200.00$ -$
LF 8" HDPE 75.00$ -$
LF 18" HDPE 150.00$ -$
EA SD Cleanout 1,800.00$ -$
EA Brightwater Connector Pipe Screen 1,200.00$ -$

STORM DRAIN
STORM DRAIN SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL STORM DRAIN ONLY -$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 155
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 31,819.20$
GRAND TOTAL WATER ONLY -$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY -$
GRAND TOTAL STORM DRAIN ONLY -$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 31,819.20$
PROJECT ADDITIVES Project Contingencies 10% 3,181.92$
Construction Staking 3% 954.58$
Soils Testing 1% 318.19$
Material Testing 1% 318.19$
Construction Inspection 4.8% 1,527.32$
Contract Administration 1% 318.19$
GRAND TOTAL (FOR BOND AMOUNTS) 38,437.59$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 156
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Lot
LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 38,400.00$ Labor & Material Bond (50% of Construction Cost) 19,200.00$ Warranty Bond (10% of Construction Cost) 3,800.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 157
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$
SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$
LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$
LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$
SF 4" PCC Sidewalk 5.80$ -$
SF 6" PCC Thick Drive Approach on 6" AB 12.50$ -$
SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$
LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
TON AC Variable - >300T 120.00$ -$
TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 158
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Adjust Sewer Manhole to Grade 950.00$ -$
EA Adjust Sewer Cleanout to Grade 500.00$ -$
EA Adjust Water Valve and Can to Grade 525.00$ -$
EA Street Light 6,500.00$ -$
EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
Signing & Striping for
LF Arterial 19.00$ -$
LF Collector 13.00$ -$
LF Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) 25.00$ -$
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ -$
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 159
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
STREET SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
LS Clear & Grub Site (5% of Construction Cost) 5% -$
LS Excavation (Clean Material) (5% of Construction Cost) 5% -$ GRAND TOTAL STREETS ONLY -$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 160
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$
CY Pipe Bedding & Compaction (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ -$
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ -$
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ -$
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ -$
LF Removal, Disposal of ACP and Backfill 150.00$ -$
EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$
EA Blow-off Assembly 4" per City Std. 8,600.00$ -$
EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
1 EA 2" Water Service/Meter 4,500.00$ 4,500.00$
1 EA 2" Fire Service &DCDA 8,000.00$ 8,000.00$
WATER
WATER SUBTOTAL 12,500.00$
LS Mobilzation (5% of Construction Cost) 5% 625.00$
LS Traffic Control (5% of Construction Cost) 5% 625.00$ GRAND TOTAL WATER ONLY 13,750.00$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 161
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
RECYCLED WATER SUBTOTAL 4,500.00$
LS Mobilzation (5% of Construction Cost) 5% 225.00$
LS Traffic Control (5% of Construction Cost) 5% 225.00$ GRAND TOTAL RECYCLED WATER ONLY 4,950.00$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 162
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 -$
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 -$
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 -$
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 -$
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 -$
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 -$
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 -$
1 EA Sewer Saddle $450.00 450.00$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
EA Sewer Cleanout $1,800.00 -$
46 LF 6" PVC SDR-35 $80.00 3,680.00$
LF Concrete Blanket per SPPWC 225-3 $1,200.00 -$
SEWER
SEWER SUBTOTAL 4,130.00$
LS Mobilization (5% of Construction Cost) 5% 206.50$
LS Traffic Control (5% of Construction Cost) 5% 206.50$ GRAND TOTAL SEWER ONLY 4,543.00$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 163
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$
LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$
EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ 1 EA Concrete Collar 1,500.00$ 1,500.00$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ -$
LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ -$
LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ -$
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ -$
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ -$
LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ -$
LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ -$
LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ -$
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ -$
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ -$
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ -$
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ -$
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ -$
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ -$
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 164
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ -$
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ -$
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ -$
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ -$
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ -$
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 700.00$ -$
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ -$
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ -$
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ -$
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ -$
LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 680.00$ -$
1 EA 24" CMP Riser 1,250.00$ 1,250.00$
LF 24" CSP Pipe 200.00$ -$
LF 8" HDPE 75.00$ -$
33 LF 18" HDPE 150.00$ 4,950.00$
EA SD Cleanout 1,800.00$ -$
EA Brightwater Connector Pipe Screen 1,200.00$ -$

STORM DRAIN
STORM DRAIN SUBTOTAL 7,700.00$
LS Mobilization (5% of Construction Cost) 5% 385.00$
LS Traffic Control (5% of Construction Cost) 5% 385.00$ GRAND TOTAL STORM DRAIN ONLY 8,470.00$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 165
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY -$
GRAND TOTAL WATER ONLY 13,750.00$
GRAND TOTAL RECYCLED WATER ONLY 4,950.00$
GRAND TOTAL SEWER ONLY 4,543.00$
GRAND TOTAL STORM DRAIN ONLY 8,470.00$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 31,713.00$
PROJECT ADDITIVES Project Contingencies 10% 3,171.30$
Construction Staking 3% 951.39$
Soils Testing 1% 317.13$
Material Testing 1% 317.13$
Construction Inspection 4.8% 1,522.22$
Contract Administration 1% 317.13$
GRAND TOTAL (FOR BOND AMOUNTS) 38,309.30$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 166
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-7 Fast Food Parcel - Wet Util LOCATION : Pine Avenue
By: Paul Schenck
DATE: March 26, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 38,300.00$ Labor & Material Bond (50% of Construction Cost) 19,200.00$ Warranty Bond (10% of Construction Cost) 3,800.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 167

01225.0006/366470.2 C-1

EXHIBIT “C”
TRACT NO. 16420-7

CHINO PRESERVE DEVELOPMENT CORPORATION

ENVIRONMENTAL WARRANTY

As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above -named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

2. Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those material s and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider ’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, 168

01225.0006/366470.2 C-2

through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________

CHINO PRESERVE DEVELOPMENT CORPORATION*

By: _______________________________________________________________

*Proof of authorization for Subdivider ’s signatures is required to be submitted concurrently with this environmental warranty.

169

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
Orange County Flood Control District - Agreement Regarding Fill Dirt and Release, Pine Avenue Stage 3 Project.
..end

RECOMMENDATION
1) Approve an appropriation to the Transportation Fund 320 in the amount of $108,200, with a corresponding year -end transfer from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260 in the same amount; 2) approve Fill D irt and Release Agreement and a permit with the Orange County Flood Control District for $108,200 for the Pine Avenue Stage 3 Project; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $108,200 to the Transportation Fund 320 with a corresponding year-end transfer from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260 in the same amount. There are sufficient reserves in the Fund 260 for this purpose.

Revenue: Click or tap here to enter text.

Expenditure: 3207100-43650
Transfer In: 3201000-50000 Transfer Out: 2601000-40001 170
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: ORANGE COUNTY FLOOD CONTROL DISTRICT - AGREEMENT REGARDING FILL DIRT AND RELEASE, PINE AVENUE STAGE 3 PROJECT.

PAGE: 2

BACKGROUND
Pine Avenue, located between Euclid and Hellman Avenues, serves as a major arterial road within The Preserve Specific Plan area. Once fully developed, the road will be expanded to a six-lane configuration with a raised, landscaped median. The phased constr uction of Pine Avenue encompasses several improvements, including roadway widening, intersection modifications, adjustments to street grades, resurfacing with new pavement, updated striping, and the installation or relocation of various utilities.

In 20 14, the Planning Commission approved Tentative Tract Map No. 18480 (the Harvest project), a 600-unit residential development located at the northwest corner of Pine and Hellman Avenues. As part of the Conditions of Approval, Chino Preserve Development Corp oration, a Lewis Management Corporation (Developer), was required to design and construct phased improvements along Pine Avenue, referred to as Stages 1 through 3. These improvements, which extend from Euclid Avenue to Rincon Meadows Avenue, include widening Pine Avenue to four lanes to enhance capacity, the addition of a southbound turn lane at the Euclid/Pine Avenues intersection to improve left -turn capacity into The Preserve, and the raising of the roadway grade to eliminate the dip between Meadowhouse and Rincon Meadows Avenues.

Additionally, Stages 1 through 3 involves drainage improvements and the relocation of utilities.

The developer has successfully completed Stages 1 and 2 of the Pine Avenue improvements, as required by the Conditions of Approva l for the Harvest project. However, the completion of Stage 3, which involves widening the roadway to accommodate two eastbound and two westbound lanes and raising the roadway to eliminate the dip between Meadowhouse and Rincon Meadows Avenues, is dependen t on the City obtaining all necessary jurisdictional permits, including Section 404 and 408 permits from the Army Corps of Engineers. According to the Harvest Conditions of Approval, the developer is obligated to complete the Stage 3 improvements within one year of the City securing all required permits for the project.

City staff is actively working with its consultant, Ruth Villalobos & Associates, as well as the developer’s consultant team to secure the necessary permits from the various agencies including the Army Corps of Engineers. Based on the current schedule, all required permits are expected to be obtained by July 2025, although technical reviews could potentially extend the timeline.

A portion of the Pine Avenue roadway within the Stage 3 project site lies at an elevation below 566 feet above mean sea level and falls within the Prado Dam Reservoir flood inundation area.

To raise the road in accordance with design plans, fill dirt will need to be brought to the site to elevate the roadway a bove the Reservoir Area. However, this action will reduce the overall capacity of the Prado Dam Reservoir Area to hold water during extreme storm events. To mitigate this impact, the City is required by the Army Corps of Engineers to transfer fill dirt fro m within the Prado Dam Reservoir Area.

ISSUES/ANALYSIS
The vacant parcels at the southeast corner of Pine and Johnson Avenue (APN # 1057 -191-01 and 02), owned by the Orange County Flood Control District (OCFCD), are located within the Prado Dam Reservo ir Area. These properties have been identified by City staff as a potential source for the fill dirt needed for the Stage 3 project. Exhibit A shows the two sites within the parcels where the soil will come from. Grading plans indicate that up to 10,820 cubic yards of fill dirt will be required for the project.
171
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: ORANGE COUNTY FLOOD CONTROL DISTRICT - AGREEMENT REGARDING FILL DIRT AND RELEASE, PINE AVENUE STAGE 3 PROJECT.

PAGE: 3

To utilize the fill dirt from these properties, the City must enter into an agreement with the OCFCD, which specifies various terms and conditions (see Exhibit B). The City Attorney has reviewed and approved the agreement, as well as the legal counsel for OCFCD. The agreement requires the City to obtain a permit from OCFCD at a cost of $108,200 ($10 per cubic yard of fill dirt), which will be paid using Development Impact Fee funds.

On July 21, 20 20, the City and Developer entered into a Subdivision Improvement Agreement, which included the necessary surety to guarantee the completion of the Pine Stage 3 public improvements. This agreement will need to be amended to transfer the relevant rights and obligations to the Developer, as outlined in the agreement with OCFCD, concerning the construction activities related to the transfer of fill dirt material from their property. The proposed amendment will be presented to the City Council for consideration at a future meeting, prior to the scheduled start of construction, which is tentatively scheduled to begin in September 2025.

The proposed agreement with the OCFCD is vital for the successful completion of Stage 3 of the Pine Avenue Improvements. By secu ring the necessary fill dirt, the City can continue progressing toward the project’s completion, enhancing traffic flow and roadway safety for the growing community in The Preserve.

Therefore, it is staff’s recommendation that the City Council approve the Agreement regarding Fill Dirt and Release with the OCFCD and approve the additional appropriation in the amount of $108,200 with a backfill from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260.

Attachments: Exhibit A - Location Map
Exhibit B - Agreement Regarding Dirt Fill and Release

172
173
1 AGREEMENT REGARDING FILL DIRT AND RELEASE This Agreement Regarding Fill Dirt and Release (the “Agreement”) is made and entered into effective as of this ______ day of April, 2025, by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT (the “District”) and the CITY OF CHINO (“City”). The District and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. The District is the fee simple owner of the real property at the southeast corner of Pine Avenue and Johnson Avenue located at 7319 Pine Avenue (Assessor’s Parcel Number 1057-191-01-0000) and 7363 Pine Avenue (Assessor’s Parcel No. 1057-191-02-0000), located in the City of Chino in San Bernardino County, California 91708 as shown on Exhibit A, attached hereto and incorporated herein (“District Property”). B. The City desires fill dirt from the District Property for purposes of completing adjacent City road projects. AGREEMENT NOW, THEREFORE, in consideration of mutual promises set forth in this Agreement, the sufficiency of which is hereby acknowledged, and based on the facts stated in the Recitals above, which are incorporated herein as though fully set forth, the Parties agree to the following: 1. Conditions Precedent. The consummation of the transactions contemplated by this Agreement is contingent upon the satisfaction of the following conditions (“Conditions Precedent”). Prior to any work being performed on the District Property, the District shall have the right to receive from the City, review, and approve (which approval shall not be unreasonably withheld, conditioned, or delayed) any and all grading plans for the District Property approved by the City or any other governmental agency in connection with the City’s adjacent City road projects, and any grading plans for removal of fill materials from the District Property and restorative grading of the District Property after removal (“Grading Plans”). The Parties acknowledge and agree that the District has reviewed conceptual grading plans presented by the City to the District on January 23, 2025, County Property Permit No. FE23-0040 pertaining to proposed grading on the District Property. Based on this initial review of the conceptual grading plans, the District concluded that the proposed grading would not unreasonably interfere with the District’s use and was acceptable. The District’s review of the conceptual grading plans did not, however, constitute an approval of those grading plans and nothing herein shall constitute a pre-commitment on the part of the District to formally approve the conceptual grading plans in the future. The District agrees to cooperate with the City in reviewing and developing grading plans that would be acceptable to the District and the United States Army Corps of Engineers (“Corps”). Without limiting the foregoing language, the District agrees that the City shall be entitled to approximately 10,820 cubic yards of fill as set forth in Exhibit A. 2. Cooperation. The District agrees to reasonably cooperate with the City by executing any documents as may be reasonably required in connection with the City’s efforts to 174
2 satisfy the Conditions Precedent, including, without limitation, any documents requested by theCorps, or any other governmental agency. 3. Termination of Agreement. In the event any of the Conditions Precedent are not either satisfied on or before the date specified for satisfaction of each respective condition, or expressly waived by the Parties in writing, any Party shall have the right to terminate this Agreement by delivery of written notice to the other Parties. In the event of such termination, none of the Parties shall thereafter have any obligations to, or rights against, the other under this Agreement, except provisions herein which expressly survive termination. Notwithstanding anything to the contrary in the foregoing, this Section 3 shall not apply in the event of a breach of this Agreement by any Party. 4. Agreement to Transfer and Accept Fill Dirt. Subject to all of the terms, conditions, and provisions of this Agreement and the License issued in accordance with the provisions of section 4.A, below, and for the consideration herein set forth below, effective upon the satisfaction of the Conditions Precedent set forth above, the District agrees to allow the City, as City’s sole responsibility and liability and City’s sole expense, to excavate and transfer fill dirt from the District Property to adjacent City road projects, pursuant to Grading Plans approved by the District, in a volume not to exceed, in the aggregate, a total of approximately 10,820 cubic yards, and the City agrees to accept the transfer of such fill dirt and to be responsible for its complete removal from the District Property and transportation to the adjacent City road project. The City, as its sole responsibility and liability and at its sole expense, shall restore and re-grade the District Property pursuant to the aspect of the Grading Plans approved by the District that pertain to the District Property. The District’s staff shall be permitted to inspect and approve the restoration of the District Property to ensure that restoration adheres to the Grading Plans approved by the District. A.License. Upon final approval of the Grading Plans by the District and fulfillment of the other Conditions Precedent, above, the District will grant to the City and its agents, employees, representatives, and contractors, a non-exclusive temporary irrevocable license (“License”), for ingress and egress to the District Property to allow the City to excavate and remove the fill dirt set forth in Section 4, above. The License shall be in the form of a County Public Property Permit issued by OC Public Works/Public Property Permits (“CPP Process”) and at a cost to the City of Ten Dollars ($10.00) per cubic yard of soil for a maximum of 10,820 cubic yards of soils sought by the City for a total consideration of One Hundred Eight Thousand and Two Hundred Dollars ($108,200.00), and subject to the conditions set forth in the permit during the CPP Process. B. Term. The term of the License shall commence upon the satisfaction of the Conditions Precedent set forth above in Section 1 and shall terminate upon the earlier of (1) the completion of City’s removal of the fill dirt set forth in Section 4, above; or (2) January 1, 2027, unless otherwise extended in a writing signed by the Parties. C. Insurance. City agrees to maintain a program of self insurance or commercial insurance and provide to the District current Certificates of Insurance, including all endorsements if commercially insured required herein, necessary to satisfy the District that the insurance provisions of this Agreement have been complied with. City shall keep such insurance 175
3 coverage current, provide Certificates of Insurance and endorsements if commercially insured to the District during the entire term of this Agreement. City agrees that City shall not operate on District Property at any time the required insurance is not in full force and effect as evidenced by a Certificate of Insurance and necessary endorsements or, in the interim, an official binder being in the possession of District. If City fails to provide District with a valid Certificate of Insurance and endorsements, or binder at any time during the term of the License, District and City agree that this shall constitute a material breach of the License. Whether or not a notice of default has or has not been sent to City, said material breach shall permit District to take whatever steps necessary to interrupt any operation from or on District Property, and to prevent any persons, including, but not limited to, members of the general public, and Licensee's employees and agents, from entering the DistrictProperty until such time as District is provided with adequate evidence of insurance required herein. All contractors performing work on behalf of City pursuant to this Agreement shall obtain insurance subject to the same terms and conditions as set forth herein for City. City shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the County from the City under this License. It is the obligation of the City to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within District Property. Such proof of insurance must be maintained by City through the entirety of this Agreement and be available for inspection by a District representative at any reasonable time. CoverageMinimum LimitsCommercial General Liability (including broad form property damage and contractual liability)$3,000,000 combined single limit per occurrence; Comprehensive Automobile Liability (including coverage for owned, non-owned and hired automobiles) $2,000,000 combined single limit Workers Compensation StatutoryEmployers Liability Insurance $1,000,000 per occurrencePollution Liability $1,000,000 per claims-made or occurrence Each commercial policy of insurance must be obtained and held from a company or companies licensed to do business in the State of California, having a general policyholders’ rating of not less than an “A-” and a financial rating of not less than (VIII) in the most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or ambest.com. 176
4 Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Required Endorsements if Commercially InsuredThe Commercial General Liability policy shall contain the following endorsements, which shall accompany the certificate of insurance: (1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange and Orange County Flood Control District, and their respective elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required by Written Agreement. (2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the Licensee’s insurance is primary and any insurance or self-insurance maintained by the District and/or the County of Orange shall be excess and non-contributing. (3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). The Pollution Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: (1) An Additional Insured endorsement naming the County of Orange and Orange County Flood Control District, and their respective elected and appointed officials, officers, employees and agents as Additional Insureds. (2) A primary and non-contributing endorsement evidencing that Licensee’s insurance is primary and any insurance or self-insurance maintained by District and/or the County of Orange shall be excess and non-contributing. The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange and Orange County Flood Control District, and their respective elected and appointed officials, officers, employees, agents. Blanket coverage may also be provided which will state- As Required by Written Agreement. 177
5 All insurance policies required by this contract shall waive all rights of subrogation against the County of Orange and Orange County Flood Control District, and their respective elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.All insurance policies required by this contract shall give the District 30 days’ notice in the event of cancellation and 10 days’ notice for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance.The Commercial General Liability policy shall contain a severability of interests clause, also known as a “separation of insureds” clause (standard in the ISO CG 001 policy). If City’s Pollution Liability policy is a claims-made policy, City shall agree to the following: (1) The retroactive date must be shown and must be before the date of the Agreementor the beginning of the Contract services. (2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services.(3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreementservices, City must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Agreement. Insurance certificates should be emailed to [email protected] and printed copies shall be forwarded to the District address provided in the Clause 6.H (Notices) below or to an address provided by Director. The District expressly retains the right to require City to increase or decrease insurance of any of the above insurance types throughout the term of this Agreement. Any increase or decrease in insurance will be as deemed by the County’s Risk Manager as appropriate to adequately protect the District.The procuring of such required policy or policies of insurance shall not be construed to limit the City’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement, nor in any way to reduce the policy coverage and limits available from the insurer.D.Indemnity. The City hereby agrees to indemnify, defend (with counsel approved in writing by District), and hold harmless the District and County, and their respective members, partners, officers, directors, and representatives from and against any and all losses, damages, claims, liabilities, obligations, causes of action, proceedings, costs, and expenses, including without limitation, reasonable attorneys’ fees, arising from the City’s entry upon, excavation, grading or use of the District Property, but excluding claims arising from the concurrent active or sole negligence of District and/or County, their officers, agents, employees and contractors. If District and/or County is/are named as co-defendant(s) in such legal action, in 178
6 which event, City shall pay to District/County its/their litigation costs, expenses, and attorney fees. If judgement is entered against District/County and City by a court of competent jurisdiction because of concurrent active negligence of District/County and City, District and City agree that liability will be apportioned as determined by the court. The City’s indemnification and insurance obligations under this Agreement shall survive the termination of the License and this Agreement. E.Liens. The City shall keep the District Property free and clear of all mechanics’ and materialmen’s liens on account of work performed, materials provided or services rendered for the City or persons claiming under the City. In the event such lien is filed against the District Property, the City shall promptly pay such lien or post a bond in the amount required by statute to remove such lien. F. Conditions of Fill Dirt. The District makes no representations or warranties as to the condition of the fill dirt that is the subject of this Agreement. The City acknowledges that the District has owned the District Property for a limited time and previous owners used the DistrictProperty as a dairy or other similar purpose. The District shall give the City access to the District Property to do reasonable investigations and the City is solely responsible at its cost to perform any investigations to determine if the material is free of any hazardous materials and is otherwise suitable for use as fill material for the City’s use. The City takes the fill material “as is,” subject to any additional conditions imposed by the Corps and any other regulatory requirements that may be applied by other public agencies. 5. Release. In consideration of the District’s agreements and obligations set forth herein, the City, on behalf of itself and all of its partners, contractors, successors, agents, directors, and officers (the “City Releasors”), release the District and the County, and their respective members, partners, employees, agents, officers, directors, and representatives (the “District Releasees”) from any and all rights and claims and potential rights and claims arising from or related to the District’s Property. In connection with the foregoing releases, the City Releasorsexpressly agree to waive any and all rights which they or any of them may have under Section 1542 of the California Civil Code which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 6. Miscellaneous Provisions. A.Authority to Execute and Bind. Each of the Parties represents and warrants that each of the persons executing this Agreement has full and complete legal authority to do so and thereby binds the Party to this Agreement. Unless otherwise specified herein, the actions required to be taken by District in the implementation of this Agreement are delegated to the CEO Real Estate Officer or designee, who shall be District’s representative in all matters pertaining to this Agreement. 179
7 B. Entire Agreement. This Agreement reflects the entire agreement between the Parties and shall supersede all prior or contemporaneous oral or written understandings, statements, representations, or promises between the Parties concerning the matters contained herein.C.Governing Law. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced, and governed under the laws of the State of California. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any of the Parties.D.Successors-in-Interest. This Agreement shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors, and assigns of the Parties. E. Understanding of Agreement. This Agreement has been negotiated in good faith and each of the Parties represents and warrants that in executing this Agreement they are not relying upon any representation, promise, inducement or statement made in negotiation that has not been included in the terms of this Agreement. F. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent, and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement. G. Fees and Costs. Except as otherwise provided in this Agreement, each of the Parties shall bear all costs and attorneys’ fees individually incurred in connection with negotiating the matters described in this Agreement. H. Notices. In the event that any notice is given under this Agreement, it shall be personally delivered, in which case it shall be effective upon delivery, or may be mailed by certified mail, which notice shall become effective three (3) days after mailing, to the addresses set forth below:To the City: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: City Manager With a copy to: Fred Galante, City Attorney Aleshire & Wynder, LLP1 Park Plaza Irvine, CA 92614 [email protected] 180
8 To the District: County of Orange c/o CEO/Corporate Real EstateAttn: Chief Real Estate Officer400 W. Civic Center Drive, , 5th Floor Santa Ana, CA 92701-4539 [email protected] copies to: Orange County Flood Control District ATTN: Director, OC Public Works 601 N. Ross Street Santa Ana, CA 92701 [email protected] Jeffrey Stock, Deputy County Counsel Office of the Orange County Counsel 400 W. Civic Center Drive, 2nd Floor Santa Ana, CA 92701-4439 Jeffrey.Stock @coco.ocgov.com Any Party may change its address for notices by giving notice to the other Parties in the manner herein provided or may request that not more than two (2) additional copies of any notice be sent to addresses specified in a notice to the other Party given pursuant to this Section. I. Required Actions. The Parties agree to execute such instruments and documents and to diligently undertake such actions that may be required in order to consummate the agreements contemplated herein and shall use their best efforts to accomplish the closing in accordance with the provisions hereof. J. Severability. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any part, term, portion or provision of this Agreement is determined to be illegal, invalid, or unenforceable, the remaining parts, terms, portions and provisions shall remain valid, enforceable and in full force and effect. K. Captions and Headings. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. L. Exhibits. All exhibits attached hereto and referred to herein are expressly incorporated herein. M. Amendment to Agreement. This Agreement may only be amended by written agreement executed by all of the Parties.N. Waiver. The waiver of failure to enforce any provisions of this Agreement shall not operate as a waiver of any future breach of any of the provisions or any other provision hereof. 181
9 O.Counterparts. This Agreement may be executed in one or more counterparts, by either an original signature or signature transmitted by facsimile or electronic transmission or other similar process, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.P.No Inferences of Intent Based on Prior Drafts. Neither the initial inclusion in any drafts of this Agreement of any provisions that were subsequently deleted nor their deletion shall give rise to any construction or inference that the Parties intended anything by such deletion other than that the provisions not be part of this specific Agreement. The subject matter of such deleted provisions shall be governed by applicable law and/or by any subsequent agreements of the Parties. [Signatures on Following Page] 182
10 IN WITNESS WHEREOF, the parties have executed this Agreement Regarding Fill Dirtand Release as of the day and year first above written.APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________Fred Galante, City Attorney Hye Jin Lee, P.E. Director of Public Works Dated: Dated:Linda Reich City Manager Dated:ATTEST: Natalie Gonzaga, City Clerk Dated:
183
11 APPROVED AS TO FORM: DATED: ___________________ COUNTYCOUNSEL By: Michael A. HaubertDeputyDATED: ___________________ ORANGE COUNTY FLOOD CONTROL DISTRICT:By: Thomas A. Miller, Chief Real Estate Officer County of Orange 184
12 EXHIBIT A DEPICTION OF THE DISTRICT PROPERTY(Attached) 185
BORROW SITE 1
BORROW SITE 2
EXHIBIT A - Depiction of District Property
186

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
Traffic Signal Installation – Eucalyptus Avenue at Fern Avenue Project (TR240). ..end

RECOMMENDATION
1) Appropriate $609,291 from the Transportation Fund Balance 320 for the Traffic Signal Installation – Eucalyptus Avenue at Fern Avenue Project (TR240); 2) reduce the project budget by $609,291 from the Bridges/Signals/Thoroughfare (220) Development Impact Fee fund.; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
There is no change in the total project budget . The appropriation of $609,291 will come from the available Transportation Fund Balance , which had previously received a developer fair share contribution of $553,500 and the remaining accessibility remediation settlement agreement of $55,791 for this project, account 3201000 -59358. Th is appropriation will also result in an increase to the Fund 220 fund balance by $609, 291 due to the removal of its budget. The total project budget will remain at $1,272,029.01.

TR240 Project Budget
Funding Source Adopted
Budget
Additional
Appropriation
Reducing
Project Budget Total
220 - Bridges/Signals/Thoroughfare $1,097,029.01 $ 0.00 ($609,291.00) $487,738.01 322 – Measure I $175,000.00 $ 0.00 $ 0.00 $175,000.00
320 – Transportation $ 0.00 $609,291.00 $ 0.00 $609,291.00 Totals: $1,272,029.01 $609,291.00 ($609,291.00) $1,272,029.01

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: 3201000 - 59358 Transfer Out: 3207100 – 40005 – TR240 187
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: TRAFFIC SIGNAL INSTALLATION - EUCALYPTUS AVENUE AT FERN AVENUE PROJECT (TR240).

PAGE: 2

BACKGROUND
On May 7, 2024, the City Council awarded a construction contract to Elecnor Belco Electric, Inc., for the Traffic Signal Installation – Eucalyptus Avenue at Fern Avenue Project (TR240) for $1,146,360 and a contingency amount of $114,636. On Thursday, March 6, 2025, substantial completion of improvements was completed, and the traffic signal was activated and is now fully operational. Obsolete streetlight removal, landscaping, and minor punch-list items remain before the project will be brought back to the C ity Council for Notice of Completion. Staff is working with the contractor to complete the project before the end of the fiscal year. Minor change orders within approved contingencies have been processed and staff anticipates completing the project under t he current approved budget. Minor changes to the project included additional pavement rehabilitation and landscaping work.

As part of the conditions of approval for the adjacent University Park development, the developer Lennar Homes, was responsible for t he installation of the traffic signal at Eucalyptus Avenue and Fern Avenue. However, after negotiating with the City, the City agreed to build the traffic signal in exchange for the development’s fair share contribution towards the traffic signal improvements. Additionally, under a separate settlement agreement with Lennar Homes, the developer agreed to contribute additional funds to the City to help cover the cost of bringing the previously installed substandard accessibility improvements into compliance with all City standards.

ISSUES/ANALYSIS
The installation of the traffic signal at Eucalyptus Avenue and Fern Avenue is outlined in the Citywide Development Impact Fee (DIF) Nexus Calculation Report. Upon project award, funding was secured through the Citywide Circulation (Bridges/Signals/Thoroug hfare) System Development Impact Fee Fund (220) and Measure I (322) for pavement rehabilitation within the project limits.

The scope of work for the new traffic signal included completing accessible pedestrian improvements at the intersection, such as ins talling sidewalks and new pedestrian ramps. The intersection is now fully accessible to pedestrians of all abilities.

In addition, outside the project scope, the ADA Coordinator, Public Works Inspector, Services Manager, and Project Engineer conducted an i nspection of existing pedestrian improvements within the City’s right -of-way. Accessibility deficiencies identified during the inspection were addressed by Public Works Services staff, with repairs funded by the developer's accessibility remediation contributions.

Staff recommends that the City Council approve the appropriation of the developer’s traffic signal fair share contribution in the amount of $553,500, and the developer’s remaining accessibility remediation settlement funds in the amount of $55,791 for a total of $609,291 to the Traffic Signal Installation – Eucalyptus Avenue at Fern Avenue Project (TR240).

Additionally, staff recommends a corresponding decrease of $609,291 from the Bridges/Signals/Thoroughfare (220) fund from the project budget.

Attachment: TR240 Location Map

188
189

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
Notice of Completion – Kimball Avenue Median Improvement Project (G7241). ..end

RECOMMENDATION
1) Accept the Kimball Avenue Median Improvement Project (G7241), with Metrocell Construction, Inc., Contract No. 2024 -267 as complete; 2) authorize the Director of Public Works to file the Notice of Completion on behalf of the City of Chino; and 3) authori ze the release of retention funds following the 35-day lien period. ..body

FISCAL IMPACT
The project was completed within the City Council approved budget.

Following release of retention funds, the City will invoice the County of San Bernardino for reimbursement of all applicable contract expenses per terms of the American Rescue Plan Act (ARPA) Sub-recipient Agreement No. 2024-285 in the amount of $277,679.50.

Revenue: 3207100-59500-G7241

Expenditure: 3207100-48009-G7241
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 190
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: NOTICE OF COMPLETION - KIMBALL AVENUE MEDIAN IMPROVEMENT PROJECT (G7241).

PAGE: 2

BACKGROUND
In 2022, a raised median was constructed on Kimball Avenue in accordance with the Preserve Specific Plan as part of the Altitude Business Centre improvements which included the In-N-Out distribution center.

In early 2023, representatives for the commercia l center located at the southeast corner of Euclid Avenue and Kimball Avenue approached the City of Chino regarding means to enhance westbound access to their commercial business site. The commercial center owner expressed a concern to the City that the la ck of access for westbound traffic negatively impacts the businesses in the center.

On June 12, 2023, the request to investigate added access to the commercial center from westbound Kimball Avenue was brought to the City Council Infrastructure Streets Committee for further discussion. The Committee supported a request for the City to investigate and develop a cost estimate for a left -turn pocket to be installed within the newly constructed median to facilitate westbound access. It was noted that funding for the work would require a reimbursement agreement between the City and the commercial center representatives. Staff was directed to provide the commercial center representatives an estimated cost to implement the improvements.

The City prepared a conceptual layout for the left-turn pocket and obtained three estimates from qualified contractors. With an estimated cost to construct, the representatives explored cost - sharing options with the City and ultimately reached out to the San Bernardino County Board o f Supervisors’ office to seek other funding opportunities. The City also submitted a letter of support for consideration of funding the left -turn pocket to 4th District County Supervisor Curt Hagman’s office.

In review of the request, the County Board of Supervisor’s Office identified the need to include a second turn pocket along Kimball Avenue serving access to the Chino Airport hangar owned by San Bernardino County. Through a collaborative effort, Supervisor Curt Hagman requested the use of San Bernardi no County’s American Rescue Plan Act (ARPA) allocation to fund median improvements at both locations on Kimball Avenue as infrastructure improvements to assist struggling businesses. The funding request was for $314,324 for the design, construction, and inspection of the two left-turn pockets.

On March 8, 2024, a formal Notice Inviting Bids was released. On March 28, 2024, two bids were received and opened. On May 21, 2024, City Council awarded a construction contract to Metrocell Construction Inc., for $2 50,399.40 and authorized up to $25,040 (10% of the contract amount) for construction contingencies. At the same meeting, City Council approved entering into an ARPA sub -recipient agreement with San Bernardino County for the design and construction phase of the two left-turn pockets in the amount of $314,324. On July 10, 2024, the agreement was executed with the County.

ISSUES/ANALYSIS
All work has been completed per the terms of the original contract and approved change order.

City-staff initiated a change order to reconcile quantities constructed , which reduced the total contract amount by $9,142.90. Prior to construction, it was brought to the County’s attention that work is required on Chino Airport hangar property to utilize the requested left -turn pocket.

Currently, due to the elevation difference between the Chino Airport hangar parking lot and the newly constructed drive approach, left -turn movements into the hangar are temporarily restricted. For the Airport drive approach to allow this moveme nt, additional grading and 191
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: NOTICE OF COMPLETION - KIMBALL AVENUE MEDIAN IMPROVEMENT PROJECT (G7241).

PAGE: 3

repaving of the parking lot on County owned property is required. The County was not able to procure a contractor to complete their on -site work prior to completion of the City’s project and has therefore approached the City to p erform the additional work on their behalf. City staff are currently coordinating with San Bernardino County staff on a reimbursement agreement wherein the County would reimburse the City for this additional work. The additional work would be performed under a separate contract and City staff will bring this agreement to City Council at a future meeting.

The following is a summary of the final accounting costs for the project:

PROJECT VENDOR TOTALS
Kimball Avenue Turn Pocket
West & East
Metrocell Construction Inc.,
Ontario, CA
$250,399.40

Change Order No. 1 Metrocell Construction Inc.,
Ontario, CA
($9,142.90)
Total Metrocell Contract: $241,256.50
Design Transtech Engineers, Inc.,
Chino, CA
$7,544.00
Construction Management Z&K Consultants Inc.,
Riverside, CA
$15,857.00
Material Testing and Special
Inspection
AESCO, Inc.

Huntington Beach, CA
$13,022.00

Total Project Costs: $277,679.50

Metrocell Construction Inc. has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following the 35-day lien period.

Attachments – G7241 Location Map
Notice of Completion – Metrocell Construction, Inc.

192
193

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN# N/A NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on April 15, 2025

8. The name of the contractor, if any, for such work of improvement was:

Metrocell Construction Inc., Ontario, CA
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Kimball Avenue between Euclid Avenue and Hellman Avenue

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: April 15, 2025 Hye Jin Lee, PE, Public Works Director

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on April 15, 2025, at City of Chino, California

Hye Jin Lee, PE
Director of Public Works 194

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 15, 2025

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

SUBJECT
..titl e
Appeal to the City Council of the Planning Commission's Denial of an Appeal of a Written Decision by the Development Services Director.
..end

RECOMMENDATION
..recommendation
That the City Council 1) deny the appeal and affirm that the Planning Commission is not required to issue specific findings of fact in connection with its decision to uphold the interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio (“FAR”) in the Mixed Use Overlay District (“MUO”) and 2) deny the appeal and affirm the decision by the Planning Commission to uphold the interpretation of the Zoning Code by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.
..body

FISCAL IMPACT
No fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendations detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning

195
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

PAGE: 2

BACKGROUND

IDENTIFICATION OF ISSUES BEFORE THE CITY COUNCIL
The issues before the City Council concerning these appeals are narrow. The Appellant makes an effort to broaden the scope of the appeal via argument and presentation of factual issues outside the scope of the original appeal submitted on Dece mber 13, 2024. The items to be considered by the City Council in this appeal are:
(1) Was the Planning Commission required to issue specific findings of fact in connection with its decision to uphold the interpretation by the Director of Development Services for the calculation and enforcement of FAR in the MUO? (2) Did the Planning Commission correctly uphold the interpretation of the Zoning Code by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district?
To the extent the Appellant presents arguments beyond the scope of the two items identified above, including any argument concerning pending projects in the City, broad policy arguments concerning zoning or overlay ordinances, or the integrity of City staff , the City Council should disregard those arguments because they are not within the scope of the original appeal.

FACTUAL BACKGROUND
On December 5, 2024, the Director of Development Services (“Director”) made a written decision concerning the administratio n and enforcement of Floor Area Ratio (“FAR”) in the MUO. This decision came in response to an email received by the City on December 3, 2024 from Chino resident Robert Nigg requesting clarification on FAR (Attachment A). On December 13, 2024, Mr. Nigg (“Appellant”) submitted an appeal application (Attachment A) appealing the written interpretation of the Zoning Code by the Director as it relates to the administration and enforcement of FAR.

The 2021 -2029 Housing Element (“Housing Element”) describes two ov erlay districts – MUO and Affordable Housing Overlay (“AHO”). These overlay district sites were placed on 91 locations throughout the City pursuant to Measure Y, which was approved by Chino’s voters in June 2022. Measure Y necessitated voter approval due t o the requirements of the City’s existing residential growth measure (Measure M, approved in 1988), which requires that any change that increases the residential density of an existing residential property or changes the property from non -residential to re sidential requires the vote of the residents of the City. The overlay districts for the Affordable Housing Ordinance were adopted by the City Council in April 2023. This ordinance is required to implement the programs, goals and actions outlined in the Housing Element. The ordinance was amended in December 2024 due to changes required by the California Department of Housing and Community Development (“HCD”) in order to certify the Housing Element, which also occurred in December 2024.

The development standards for FAR as it relates to the MUO districts can be found in Section

20.09.090 of the Zoning Code (Attachment C). The development standards described in Section

20.09.090 are consistent with State law, which requires objective standards be contained in t he ordinance to support the development of affordable housing in the City as required by the Housing Element.

PROCEDURAL BACKGROUND
196
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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In connection with the December 13, 2024 appeal, the Appellant submitted a lengthy appeal narrative. This narrative, as discussed in more detail in Section 2 below, challenged the Director’s interpretation of the FAR as applied in the MUO district. However, this narrative contained arguments well beyond the scope of the appeal, attempting to make arguments against specific projects as opposed to arguments regarding the Citywide application of the FAR to MUO projects.

Following receipt of the Appellant’s appeal, the hearing date was scheduled for February 19, 2025. In anticipation of the hearing date, City staff prepared a staff report (Attachment A) addressing the arguments by the Appellant within the scope of the appeal. On February 19, 2025, the date of the hearing, the Appellant submitted a second lengthy narrative reiterating the arguments from the first appeal and introducing numerous new arguments not previously raised in the initial appeal. This submission articulated arguments and offered evidence not previously provided with the original appeal, and therefore was not considered with the original appeal.

During the February 19, 2025 hearing, staff presented their report and recommendations to the Planning Commission. The Appellant was also provided time to present his case. The Planning Commissioners then had the opportunity to ask questions and clarify information and arguments with both staff and the Appellant. Following argument and Commissioner questions, with a vote of 5 -1-1, the Planning Commission upheld the Director’s interpretation of enforcement and calculation of FAR in the MUO district (Planning Commission Minutes include d with Attachment A). The subject appeals were then filed by Appellant for City Council consideration.

ISSUES/ANALYSIS

APPEALS
The Appellant submitted two appeals following the February 19, 2025 Planning Commission hearing: (1) Appeal requiring the Planning Commission to issue specific factual findings; and (2) Appeal to challenge the Planning Commission’s decision to uphold the Direc tor’s interpretation of the calculation and enforcement of FAR in the MUO district. (Attachment B) The Appellant’s first appeal should be denied, as explained in more detail below, because the Planning Commission is not required to make factual findings wh ere the Planning Commission decision does not relate to a specific development project or application pending before the Planning Commission.

The Appellant’s second appeal should be denied, as addressed below, because the Planning Commission correctly upheld the Director’s interpretation. Additionally, many of the Appellant’s arguments in opposition to the Planning Commission’s decision amount to a policy argument (what the City should or could have done and what it should or could now do) with respect to the current MUO district ordinance and the Zoning Ordinance generally. The time and place for policy arguments concerning the adoption of the MUO ordinance was during the public hearing process when the ordinance was adopted by the Planning Commission and City Council in early 2023 and amended in late 2024.

1. The Planning Commission was not required to make specific factual findings.

In this appeal, the Appellant alleges the Planning Commission failed to make specific findings of fact in support of its decis ion to uphold the Director’s interpretation of enforcement and calculation of FAR as applied in the MUO district. In the appeal, the Appellant demands the Planning Commission make specific findings of fact to address numerous arguments contained in his Feb ruary 19, 2025 submission. Because of the nature of the appeal brought by the 197
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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Appellant, the Planning Commission is not required to make factual findings in its decision to uphold the Director’s determination.

The appeal brought by the Appellant regarding the Director’s interpretation, related to the decision by the Planning Commission to uphold the Director’s interpretation, is not related to the application of City policies to a specific project such as an entitlement, development application, permit, or tentative map submitted by the Appellant. Instead, the appeal concerns the Director’s interpretation of an ordinance applied Citywide. Because the appeal to the Planning Commission did not relate to an entitlement or application pending before the City, the Planning Commission was not required to make specific factual findings. The authority cited by the Appellant supports this. The Planning Commissioner’s Book, cited by the Appellant in footnote 2 of this appeal, provides a non -exhaustive list of situations where findings by the Planning Commission may be required. These include zone changes, subdivisions, specific plan adoptions or amendments, conditional use permits, varian ces, and design review approval, among others. Each of those actions relates to a specific project, property, permit, or entitlement, requiring specific findings to provide the applicant an opportunity to properly identify deficiencies or other issues in t heir application. Here , the Appellant has no such pending application or interest being considered by staff or pending before the Planning Commission.

The Appellant cites Chino Municipal Code (“CMC”) Section 20.23.150 in support of his contention that the Planning Commission was required to issue findings of fact in connection with its decision on February 19, 2025. However, taken as a whole, Chapter 20.23 describes the processes by which specific land use decisions and entitlements may be handled, and the requirements applicants must meet for their specific applications. Chapter 20.23 describes procedures and requirements for General Plan amendments, specific plans, zone changes, development agreements, variances, site approvals, etc. Each of those relates to a specific project or interest held by an applicant making submissions to the City for consideration. Section

20.23.150 is the mechanism by which those applicants may challenge decisions by the Director or the Planning Commission concerning their specif ic project approvals. The findings required by that section provide reasons behind land use decisions made by the Director or the Planning Commission concerning a specific project or application. Section 20.23.150(a)(5) further supports this conclusion by reiterating that, regardless of who is appealing the decision by the Director or the Planning Commission, the project applicants bear the burden of ensuring their project “satisfies all applicable standards and criteria” required by the Zoning Code. The findings of fact guide those applicants so they may cure deficiencies in their projects or applications.

The situation in th is appeal is much different. The Appellant solicited from the Director an interpretation of Section 20.09.090 and the enforcement and calculation of FAR in the MUO district as applied Citywide. The Appellant had no pending project or land use application with the City subject to the FAR interpretation he sought. After receiving the Director’s interpretation that FAR is only applicable to non-residential uses in the MUO district, the Appellant appealed that interpretation. Because the Appellant’s appeal does not relate to a decision made by the Director concerning a specific project or application filed by the Appellant, no findings of fact are required. There is no deficiency or discrepancy for the Appellant to cure in a pending project or land use application, so findings of fact are not required.

2. The Planning Commission correctly upheld the Director’s interpretation of FAR as applied in the MUO District.

The Appellant challenged the interpretation by the Director that the FAR limitation in CMC Section 20.09.090 applies to non -residential uses within the MUO district. The Appellant claims 198
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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that “administration and enforcement” of FAR should be applied to both residential and non - residential uses alike within the MUO districts.

In this appeal to the City Council, the Appellant attempts to expand the scope of his appeal beyond what was submitted to the Planning Commission. The Appellant likewise makes broad policy arguments against the MUO district ordinance, which are outside the scope of this appeal. To the extent the Appellant takes issue with the MUO ordinance as it is drafted, the proper venue to challenge the ordinance is during the public hearing process for the adoption or amendment of the ordinance at Planning Commission or City Council meetings; not by appealing the Director’s interpretation of an ordinance already in place.

Importantly, this appeal relates solely to the interpretation by the Director regarding the calculation and enforcement of FAR within the MUO districts. To the extent this interpretation of FAR within the MUO district is applied to any projects within the City, individual projects were not before the Planning Commission and should not be addressed or discussed in this appeal.

The following is a response to the Appellant’s appeal concerning the interpretation by the Director concerning “administration and enforcement” of FAR in the MUO district.

A. General Structure of Housing Laws.

In this appeal, the Appellant cites a wide variety of authority to support the argument that FAR should be applied to both residential and non -residential uses within the MUO district. The authority cited by the Appellant applies to subject m atters outside the scope of the City’s Housing Element and/or requirements by HCD concerning the State - mandated development of affordable housing. These provisions do not conflict with one another, but instead are part of the same framework governing housi ng development throughout the State.

At the highest level is State Housing Law (located in the Government Code), which broadly governs cities’ housing and development codes and the requirements for local governments in implementing their housing elements. These statutes apply across the State and compliance is mandatory to achieve the State’s housing goals. However, jurisdictions may implement the State’s requirements using varied methods to achieve the requisite outcomes. Usually, this occurs via general plans, zoning codes, and zoning overlays.

The next layer down is a City’s General Plan (and Housing Element). The General Plan and Housing Element broadly establish the City’s goals and policies to achieve a desired end result. HCD possesses broad oversight authority concerning the content of housing elements, allowing it to dictate certain requirements, especially related to development of affordable housing. HCD has exercised this broad authority on numerous occasions to compel local governments to impleme nt HCD’s policy goals statewide. The next, more granular layers are the base zoning code and overlay zoning. Base zoning codes are the method a City uses to implement the guiding principles of the General Plan, controlling development within a jurisdiction consistent with the vision laid out in the General Plan.

An overlay zone goes further. Overlay zones are a geographic zoning district layered on top of another existing zoning district, or districts, that implements additional regulations.

Overlay distric ts are frequently used in zoning codes to promote specific types of development (namely affordable residential development).

B. The Appellant mis understands the role of affordable residential units in calculating FAR for non-residential uses in MUO Districts. 199
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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It should be noted, generally, that FAR may be used for projects in the City when calculating the density of single family homes. The Appellant points to these provisions in the zoning code located in Tables 20.04 -3, 20.05 -2, and 20.09 -3. However, for purposes of the AHO and MUO district ordinances, which address multi -family dwellings instead of single family dwellings, FAR is not utilized to calculate density for residential uses. This is shown in Table 20.09 -6 and 20.09 -7. So, while the Appellant accurately points to the single family dwelling standards utilizing FAR in conjunction with d welling units/acre calculations to assist in controlling density for residential uses, multi -family dwellings in the MUO and AHO districts do not utilize FAR for residen tial uses. This is also the case and applied consistently in various specific plans within the City.

In making his arguments against the Director’s interpretation, and again in the appeal before the City Council, the Appellant mis understands the role of affordable residential units and the impact on FAR for certain projects. Mixed use developments have residential uses and non -residential uses. To incentivize the development of additional residential uses in these mixed use developments, the City (pursuant to State directives) offered incentives to potential developers via the MUO district ordinance: if you build additional residential units in your project, the City will allow increased FAR for those non-residential uses in the project. The fact that the residential and non -residential uses are considered in a development project does not operate to combine the density calculations of the two uses. One is not the same as the other.

There is purpose behind this incentive structure. Development projects often need non - residential uses in order to justify the cost and expense to build out the residential uses.

In order to facilitate the construction of more residential uses, the State has required cities like Chino to offer incentives that includ e increased FAR for non -residential uses.

Note 1 in Section 20.09.090 provides an example of that incentive. While the two uses are related in that they are contained in the same MUO district ordinance, and in that the FAR for non -residential uses may incr ease should a developer increase residential density, density calculations for the two uses are not and should not be calculated using the same methodology. Calculating density for both by using FAR would disincentivize construction of residential uses as non-residential projects tend to be more lucrative than residential projects. Allowing developments to increase non -residential density in exchange for increased number of residential units complies with the HCD mandates concerning increased residential development goals.

C. Chino Municipal Code section 20.09.030 addresses potential conflicts between zoning overlays and other planning documents, and states that, in the event of such conflicts, the zoning overlay prevails.

In response to mandates adopted by the State over the last several years to promote the development of affordable housing, including requirements of the Housing Element Law referenced above and the Housing Accountability Act (Government Code Section 65589.5), the City implemented zoning overla ys within the CMC. The two overlay districts are (1) the AHO district and (2) the MUO district. Each overlay district has its own requirements, independent of the underlying base zone.

To comply with HCD directives, where these overlay districts conflict w ith the base zone or the General Plan, CMC Section 20.09.030 provides the remedy. Section 20.090.030 (Attachment C) states that in the event of any conflict between overlay districts and base zoning districts, the requirement specified in the overlay district shall apply. If the overlay 200
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

PAGE: 7

district is silent, the requirements of the base zoning district shall apply. This is consistent with State law and the State’s policy goals of increasing development of affordable housing units.

Here, Section 20.09.090 (Att achment C) is explicit in applying a FAR limitation only to non-residential uses. If there is any conflict between the MUO district and the City’s zoning code concerning application of FAR to a development, the requirements in the MUO district apply pursua nt to Section 20.090.030. Therefore, the Director’s interpretation that FAR limitations in the MUO district apply only to non -residential uses is consistent with the City’s General Plan.

D. The General Plan is consistent with the Zoning Code and Overlay Districts, and consistently applies FAR to non -residential uses and density to residential uses.

State law requires that “[a]ll local land use decisions, including zoning ordinances, must be consistent with the general plan.” (Government Code § 65860.) (Attachm ent D). The City’s General Plan, after key amendments over the past several years, is consistent with the City’s zoning code and overlay zoning.

In the Land Use Element of the General Plan (Attachment E), on page LU -9, the applications of the terms “densit y” and “FAR” are explained plainly. These explanations are consistent with how those terms are utilized in the City’s zoning code and overlay zoning.

Emphasis added.)
This distinction is important, as the General Plan a nd the City’s MUO ordinance are consistent in their application of density and FAR as applied to residential and non - residential uses. The General Plan, in the sections discussing residential land use designation, refers only to density (units per acre), m aking no mention of FAR in calculating residential density. Pages LU-12 and LU-13 describe the intensity of the use in mixed use designations, distinguishing between density and FAR limits by setting separate thresholds for each. In further recognition of the distinction is the Commercial Designation on page LU -13. Those designations are represented only by FAR, not density.

With respect to the MUO and AHO zoning overlays specifically, on April 4, 2023, the City Council adopted Resolution 2023 -014, amending the General Plan to implement the AHO and MUO districts in compliance with State mandates. Page LU -19 of the General Plan now defines the AHO and MUO districts to enable the development of affordable housing projects in the City. In that section, the Gene ral Plan specifically identifies CMC section 20.09.090 as the controlling authority for implementation of the AHO and MUO districts.

Despite the Appellant’s arguments that the City’s General Plan, zoning code, and overlay zoning are in conflict, the above demonstrates that each is consistent with the 201
CITY COUNCIL MEETING DATE: APRIL 15, 2025
TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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other. Density calculations are consistently utilized to control intensity of use in residential uses, while FAR is consistently utilized to control uses in non -residential uses. The Director’s interpretation o f the FAR limitations in Section 20.09.090 is consistent with the City’s General Plan.

E. The City Council adopted, and HCD approved, the City’s 2021-2029 Housing Element, which includes the Director’s interpretation applying FAR only to nonresidential structures within the MUO District.

For several years, the City has worked with HCD to bring its Housing Element into compliance with the requirements of the Housing Element Law. In broad terms, the mandatory components of a housing element include “an identi fication and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.” (Government Code § 65583.) (Attachment D)
The City was required to submit drafts of the Housing Element to HCD for review and approval both prior to and subsequent to adoption by the City Council. Through the course of that process, the City submitted to HCD various versions of its Housing Element for review and approval. On several occasions, HCD provided the City with required amendments and changes. This included drafts of the AHO and MUO district ordinances for review and approval. It should be noted that the language present in the AHO and MUO district ordinances have been in place since 2023.

In December 2024, after several public hearings and public input, the City adopted its Housing Element and submitted it to HCD for review and approval. HCD approved the City’s Housing Eleme nt and deemed it was substantially compliant with the State Housing Element Law. Pursuant to the Government Code, if HCD finds a Housing Element amendment substantially complies, which it has done here, the Housing Element enjoys a rebuttable presumption o f validity. (Gov. Code § 65589.3.) (Attachment D) However, this approval is subject to the City’s continued compliance with its Housing Element, including the provisions of the MUO district. The consequence of failing to comply with provisions of the Housi ng Element includes severe repercussions such as ineligibility for certain federal, State, or regional grant programs, development opportunities within the City, and potential civil liability.

The Director’s interpretation of FAR as applied only to non -residential uses is consistent with the Housing Element as approved by HCD. HCD’s approval of the Housing Element indicates the Director’s application of FAR to non-residential uses within the MUO district is lawful and consistent with State laws, and consist ent with the City’s General Plan and zoning codes.

Attachments:

A – Development Services Director’s Written Decision, Director Decision Appeal Application to Planning Commission, February 19, 29, 2025 Planning Commission Staff Report, and February 19, 2025 Planning Commission Minutes
B – Appeals of Planning Commission decision to the City Council C – Zoning Code Chapter 20.09 (Overlay Districts)
D – Government Code Sections
E – Envision Chino 2025 General Plan Land Use Element related to Floor Area Ratio F – Correspondence from Appellant 4/7/2025
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TITLE: APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR.

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203

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025

DATE: FEBRUARY 19, 2025
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER

SUBJECT
Appeal of a request for interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio (“FAR”) in the Mixed Use Overlay District (“MUO”). ..titl e
..end

RECOMMENDATION
Deny the appeal and uphold the interpretation of the Zoning Code made by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.

BACKGROUND
On December 5, 2024, the Director of Development Services (“Director”) made a written decision concerning the administration and enforcement of Floor Area Ratio (“FAR”) in the MUO. This decision came in response to an email r eceived on December 3, 2024 by Chino resident Robert Nigg requesting clarification on FAR (Attachment A). On December 13, 2024, Mr. Nigg (“Appellant”), submitted an appeal application ( Attachment B) appealing the written interpretation of the Zoning Code by the Director as it relates to the administration and enforcement of FAR.

The 2021-2029 Housing Element (“Housing Element”) describes two overlay districts - MUO and Affordable Housing Overlay (“AHO”). These overlay district sites were placed on 91 locations throughout the City pursuant to Measure Y, which was approved by Chino’s voters in June 2022 . Measure Y necessitated voter approval due to the requirements of the City’s existing residential growth measure (Measure M, approved in 1988 ), which requires that any change that increases the residential density of a n existing residential property or changes the property from non-residential to residential require s the vote of the residents of the City. The overlay districts for the Affordable Housing Ordinance were adopted by the City Council in April 2023. This ordinance is required to implement the programs, goals and actions outlined in the Housing Element. The ordinance was amended in December 2024 due to changes required by the California De partment of Housing and Community Development (“HCD”) in order to certify the Housing Element, which also occurred in December 2024.

The development standards for FAR as it relates to the MUO districts can be found in Section

20.09.090 of the Zoning Code (Attachment C). The development standards described in Chapter 20.09.090 are consistent with State law, which requires objective standards be contained in th e ordinance to support the development of affordable housing in the City as required by the Housing Element.
72204
PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 2

APPEAL
The Appellant is challenging the interpretation by the Director that the FAR limitation in Section

20.09.090 applies to non -residential uses within the MUO district. The Appellant claims that “administration and enforcement” of FAR should be applied to both residential and non - residential uses alike within the MUO districts.

It should be noted that the appeal relates solely to the interpretation by the Director regarding the calculation and enforcement of FAR within the MUO districts. To the extent this interpretation of FAR within the MUO district is applied to any projects within the City, individual projects are not before the Planning Commission at this time and should n ot be addressed or discussed in this appeal.

The following is a response to the Appellant’s appeal concerning the interpretation by the Director concerning “administration and enforcement” of FAR in the MUO district.

A. General Structure of Housing Laws.

In his appeal, the Appellant cites to a wide variety of authority to support the argument that FAR should be applied to both residential and non -residential uses within the MUO district. The authority cited by the Appellant applies to subject matters outside the scope of the City’s Housing Element and/or requirements by HCD concerning the State -mandated development of affordable housing. These provisions do not conflict with one another, but instead are part of the same framework governing housing development throughout the State.

The next layer down is a city’s general plan (and housing element). The general plan and housing element broadly establish the City’s goals and policies to achieve a desired end result.

HCD possesses broad oversight authority concerning the content of housing elements, allowing it to dictate certain requirements, especially related to development of affordable housing. HCD has exercised this broad authority on numerous occasions to compel local governments to implement HCD’s policy goals statewide.

The next, more granular layers are the base zoning code and overlay zoning. Base zoning codes are the method a city uses to implement the guiding principles of the general plan, controlling development withing a jurisdiction consistent wi th the vision laid out in the general plan. An overlay zone goes further. Overlay zones are a geographic zoning district layered on top of another existing zoning district, or districts, that implements additional regulations.

Overlay districts are frequen tly used in zoning codes to promote specific types of development (namely affordable residential development).

B. Chino Municipal Code section 20.09.030 addresses potential conflicts between zoning overlays and other planning documents, and states that, in the event of such conflicts, the zoning overlay prevails.

In response to State mandates promulgated over the last several years to promote the development of affordable housing, including requirements of the Housing Element Law 73205
PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 3

referenced above and the Housing Accountability Act ( Government Code section 65589.5), the City implemented zoning overlays within the Chino Municipal Code (“CMC”). The two overlay districts are (1) the AHO district and (2) the MUO district. Each overlay district has its own requirements, independent of the underlying base zone.

To comply with HCD directives, where these overlay districts conflict with the base zone or the General Plan, Section 20.09.030 provides the remedy. Section 20.090.030 (Attachment C) states that in the event of any conflict between overlay districts and base zoning districts, the requirement specified in the overlay district shall apply . If the overlay district is silent, the requirements of the base zoning district shall apply. This is consistent with State law and the State’s policy goals of increasing development of affordable housing units.

Here, Section 20.09.090 (Attachment C) is explicit in applying a FAR limitation only to non - residential uses. If there is any conflict between the MUO district and the City’s zoning code concerning application of FAR to a development, the requirements in the MUO district apply pursuant to Section 20.090.030. Therefore, the Director’s interpretation that FAR limitations in the MUO district apply only to non-residential uses is consistent with the City’s General Plan.

C. General Plan Is Consistent with Zoning Code and Overlay Districts, and Consistently Applies FAR to Non -Residential Uses and Density to Residential Uses.

State law requires that “[a]ll local land use decisions, inc luding zoning ordinances, must be consistent with the general plan .” (Government Code § 65860 .) (Attachment D). The City’s General Plan, after key amendments over the past several years, is consistent with the City’s zoning code and overlay zoning.

In the Land Use Element of the General Plan (Attachment E), on page LU-9, the applications of the terms “density” and “FAR” are explained plainly. These explanations are consistent with how those terms are utilized in the City’s zoning code and overlay zoning.

The number of residential units permitted for a parcel is determined by multiplying the residential density factor by the adjusted gross acres of the parcel. For non -residential uses, including commercial, office, and industrial uses, intensity is expresse d as an average Floor Area Ratio (FAR). FAR is calculated as the total square footage of buildings on a site, divided by the total square footage underlying the site. (See LU-9)
This distinction is important, as the General Plan and the City’s MUO ordinanc e are consistent in their application of density and FAR as applied to residential and non -residential uses. The General Plan, in the sections discussing residential land use designation, refers only to density (units per acre), making no mention of FAR in calculating residential density. Pages LU -12 and LU-13 describe the intensity of the use in mixed use designations, distinguishing between density and FAR limits by setting separate thresholds for each ( e.g. MU30 designations identify maximum densities of 30 units per acre and FAR limitations of 1.5). In further recognition of the distinction is the Commercial Designation on page LU -13. Those designations are represented only by FAR, not density.

With respect to the MUO and AHO zoning overlays specifically , on April 4, 2023, the City Council adopted Resolution 2023 -014, amending the General Plan to implement the AHO and MUO districts in compliance with State mandates. Page LU -19 of the General Plan now defines the AHO and MUO districts to enable the development of affordable housing projects in the City. 74206
PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 4

In that section, the General Plan specifically identifies CMC section 20.09.090 as the controlling authority for implementation of the AHO and MUO districts.

Despite the Appellant’s arguments that the City’s General Plan, zoning code, and overlay zoning are in conflict, the above demonstrates that each is consistent with the other. Density calculations are consistently utilized to control intensity of use in residential uses, while FAR is consistently utilized to control uses in non -residential uses. The Director’s interpretation of the FAR limitations in Section 20.09.090 is consistent with the City’s General Plan.

D. The City Council adopted, and HCD approved, the City’s Housing Element, which includes the D irector’s interpretation applying FAR only to non - residential structures within the MUO district.

For several years, the City has worked with HCD to bring its Housing Element into compliance with the requirements of the Housing Element Law. In broad terms, the mandatory components of a housing element include “an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, impr ovement, and development of housing .” (Government Code § 65583.) (Attachment D)
The City was required to submit drafts of the Housing Element to HCD for review and approval both prior to and subsequent to adoption by the City Council. Through the course of that process, the City submitted to HCD various versions of its Housing Element for review and approval. On several occasions, HCD provided the City with required amendments and changes.

Pursuant to the Government Code, if HCD finds a housin g element amendment substantially complies, which it has done here, the housing element enjoys a rebuttable presumption of validity. (Gov. Code § 65589.3 .) (Attachment D) However, this approval is subject to the City’s continued compliance with its Housing Element, including the provisions of the MUO district.

The consequence of failing to comply with provisions of the Housing Element includes severe repercussions such as ineligibility for certain federal, State, or regional grant programs, development opportunities within the City, and potential civil liability.

The Director’s interpretation of FAR as applied only to non-residential uses is consistent with the Housing Element as approved by HCD. HCD’s approval of the Housing Element indicates the Director’s application of FAR to non -residential uses within the MUO district is lawful and consistent with State laws, and consistent with the City’s General Plan and zoning codes.

Attachments:

A – Development Services Director’s Written Decision
B – Director Decision Appeal Application
C – Zoning Code Chapter 20.09 (Overlay Districts)
D – Government Code Sections
E – Envision Chino 2025 General Plan Land Use Element

75207
76208
77209
78210
79211
80212
Date: December 13, 2024
Subject: Appeal under Zoning Code, Section 20.23.150
To: Director of Community Development
I wish to appeal under Chino Zoning Code, Section 20.23.150 (or 20.02.130), the December 5, 2024 written decision by the Director of Community Development (Development Services Director ) concerning the administration and enforcement of the Floor Area Ratio (FAR) in Mixed Use Overlay (MUO) districts. The written decision conflicts with the City of Chino’s General Plan (Housing Element), the definition of FAR as contained in the Zoning Code, and the definition of FAR as contained in state laws and regulations. The relief requested is that the high density development being proposed for the 10.36 net gross acres site at Fern and Schaefer b e subject to the FAR calculation to include both the residential and commercial building mass in the final FAR total.

20.23.150 - Appeals. A. Administrative actions or decisions.

1. Any applicant or any interested person may appeal to the planning commission, any action or decision of the director of community development/director development services . An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the action or decision.

Such appeal shall include a statement identifying the specific action or decision which is being appealed, the specific grounds for the appeal, and the relief requested from the planning commission.

Argument and Purpose of Floor Area Ratio
In California Floor Area Ratios are used to control the scale of development and ensure that new construction is compatible with the neighborhood. The purpose of the Floor Area Ratio (FAR) is to help determine if a building's scale and mass are compatible with the surrounding neighborhood. FAR is a measurement that controls the intensity of building coverage by comparing the total floor area of a building to the size of the lot it's located on. FAR is expressed as a decimal number, and is calculated by dividing the total building area by the total lot area.

A Floor Area Ratio (FAR) for a mixed-use project should be calculated in accordance with the General Plan by dividing the total floor area of all buildings on a lot (including both residential and commercial components) by the total area of the lot, essentially giving a ratio of how much building space is allowed on a given parcel of land; this calculation is used to regulate development density across different zoning districts.

The written decision by the director of community development would prejudicially and unfairly allow the building scale and mass to be incompatible with the surrounding 81213
neighborhood. The decision is also in conflict with the various laws, local codes, and regulations, including as cited below.

As required in the City of Chino Zoning Code:

Section 20.01.030 - Relationship to the general plan.

The zoning code implements the goals and policies of the City of Chino General Plan by regulating the uses of land and structures within the City of Chino. The zoning code and the general plan shall be consistent with one another. If there are inconsistencies between the zoning code and the general plan, the general plan governs.

The decision issued by the director of community development is in conflict with the General Plan, wherein the total gross floor area of all buildings on a site is included in the FAR calculations.

See GENERAL PLAN Housing Element Section 3: Housing Constraints, Resources, and Affirmatively Furthering Fair Housing Page 3-12 Site Coverage and FAR Floor Area Ratio (FAR) is defined in the City of Chino Municipal Code as the ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. FAR is regulated to maintain and limit the massing of buildings in relation to the property.

Section 20.01.050 - Applicability of zoning code.

C. Conflicting regulatio n - Where conflict occurs with other adopted ordinances, resolutions or regulations of the City of Chino or with state or federal laws and regulations, the more restrictive provision shall control unless otherwise specified in this Code.

The December 5, 2024 decision by the Director of Community Development/Development Services allowing the Fern/Schaefer project to not include residential buildings in the FAR calculations is also in conflict adopted ordinances of the City of Chino and with the definition of FAR as cited in state law. Such laws and regulations are intended to limit the scope and mass of developments that are inconsistent and incompatible with surrounding properties. See below for conflicting definitions of FAR compared to Table 20.09 -7, including Footnote 1 of Section of

20.09.090, and state law codified under Government Code, Section 65917.02. When there is a conflict, the more restrictive provision shall control. The more restrictive provision is a FAR of 1.25 should be used to include both residential and commercial buildings in the Fern/Schaefer project.

Chino Zoning Code under Section 20.24.020, “Floor area ratio (FAR)” is the ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. For example, if a ten thousand 82214
square foot site has one two -story building, and the gross floor area of each story is two thousand five hundred square feet, the site has a total gross floor area of five thousand square feet and an FAR of 0.5, as shown in Figure 20.24-

1. California Government Code, Section 65917.2(a)(2) “Floor area ratio ” means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

There are also contradictions, conflicts and inconsistencies in the City of Chino Zoning Code relating to Overlay districts for affordable housing.

20.09.090 - Overlay districts for affordable housing.

Table 20.09-7 Footnotes: [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.

This footnote only provides additional FAR is allowed up to 1.25 in mixed use developments with affordable housing. This section does not sustain that the FAR is only for the commercial portion of the development. This confusion and contradiction is further inconsistent with other provisions of Section 20.09.090. Whereas Table

20.09—7 does state under the Feature Column that Maximum Floor Area Ratio (non- residential space) is 1, it adds Footnote 1 as listed above. The Zoning Code provides that only non -residential uses is allowed only in both AHO and MUO districts (see Sections 20.09.090(B), (F) and (G). This is in direct conflict with Section 20.09.090(C) that requires a minimum density shall be twenty -six units per adjusted gross acre in both AHO and MUO sites. The Zoning Code as written is a hodgepod ge of contradictions

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 a reas 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 83215
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 also 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 district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

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.

G. Development standards for the 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 multiple -family resid ential 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 with the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.

The last sentence in Part G. above does not even provide if “Non -residential development” is inclusive or exclusive if no housing is proposed as stated in Part F. above.

There is no reasonable supportable foundation to exclude residential use in the FAR calculations. Whereas the City of Chino intended to require commercial development in mixed use districts, that assumption has been found to be in violation of state law.

This misguided attempt to increase density in mixed use districts so that commercial usage would be increased is not a sustainable fact. Whatever by accidental or intentional decisions, the omission of residential usage in the FAR calculations does 84216
not comply with the General Plan and its vision for the City of Chino to have a small town feel. The State’s standards for affordable housing can be obtained by having sensible and reasonable building heights and that the scope, mass and density of its developments that are compatible with the surrounding neighborhood s. The City of Chino can achieve its affordable housing goals , and not have monstrous 4 story buildings in residential neighborhoods lacking intended tax generating commercial development. Had the Zoning Code been consistent with the General Plan of including both residential and commercial buildings in the FAR calculations, the Fern/Schaefer development could have included approximately 5 00,000 gross floor area residential usage and over 60,000 gross floor area for tax generating commercial usage. The interpretation and decision by the Director of Community Development to exclude resident ial usage in FAR calculations, even if it was an erroneous and misguided intent to allow commercial usage in the adoption of Ordinance 2023-008, it still violates the General Plan and the definition of FAR contained in the Housing Element, which by law is included in the General Plan.

It is requested that the Planning Commission take the necessary action to have the FAR for mixed use districts utilize and include residential usage so the FAR calculation is consistent with the General Plan as specifically required in the Zoning Code.

As information, a Public Records Act (PRA) request for records has been submitted relating to the ZAR zoning decisions made by the City of Chino . This PRA request is to include all records associated to determining the Floor Area Ratio requirements contained in Table 20.09-7 of the Zoning Code, and all records associated to the drafts and revision made to Table 20.09-7, including Footnote 1 in determining the standards for FAR as contained in the Zoning Code. Should any relevant information be discovered in the review of these records, additional information and arguments will be presented to the Planning Commission in support of this appeal.

Sincerely,
Robert Nigg

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Sections:

20.09.010 – General Purpose

20.09.020 – Applicability

20.09.030 – Conflict Between Provisions

20.09.040 – Agricultural Overlay District

20.09.050 – Airport Overlay District

20.09.060 – Downtown Overlay District

20.09.070 – Central Avenue Specific Plan

20.09.080 – Industrial Planned Development Overlay District

20.09.090 – Overlay Districts for Affordable Housing

20.09.010 – General Purpose
The general purpose of overlay districts is to establish standards and regulations that apply to specified areas in addition to the provisions provided by the base zoning district. Overlay district address special characteristics and needs of specified areas, prevent potential hazards and land use conflicts and provide flexible development standards in a manner consistent with the City of Chino General Plan.

20.09.020 – Applicability
The requirements of Chapter 20.09 (Overlay Districts) apply to all land, uses and structures in addition to all applicable requirements of Part 2 (Zoning Districts), Chapter 20.21 (Standards for Specific Land Uses) and any other applicable provisions of this Code.

20.09.030 – Conflict Between Provisions
In the event of any conflict between Chapter 2 0.09 (Overlay Districts) and Part 2 (Zoning Districts) of this Code, the requirement specified in the overlay district shall apply. In the event that the overlay district is silent, the requirements of the base zoning district shall apply.

20.09.040 – Agricultural Overlay District
A. Purpose and Intent. In addition to the general purpose of overlay districts as provided in Section

20.09.010 of this Code, the specific purpose of the Agriculture ( AO) overlay district is to permit and support existing agricultural uses on properties that are or were under Williamson Act contracts at the time of annexation into the city. These properties are expected to remain in agricultural use until they transition to their underlying zoning designation, as shown on the zoning map. 86218

CHINO ZONING CODE

20.09.050 – Airport Overlay District
A. Purpose and Intent. The planning boundaries of the airport overflight area have been establis hed by the Airport Comprehensive L and Use P lan (ACLUP), prepared for Chino Airport pursuant to California Public Utilities Code Section 21670 et seq. and generally shown on the Zoning Map. The provisions contained herein shall regulate the use and development of all property located within the airport overflight area. In addition to the general purpose of overlay districts as provided in Section

20.09.010 of this Code, the specific purpose of the Airport overlay district is to:

1. Implement the Airport Comprehensive Land Use Plan, prepared for the Chino Airport pursuant to California Public Utilities Code Section 21670 et seq.;

2. Identify areas of the city subject to high noise levels and crash impacts by the operation of the Chino Airport; and

3. Encourage the orderly use and development of the area around Chino Airport, which is compatible with continued airports operations.

B. Permitted Uses.

1. Within each aviation safety zone identified in the ACLUP prepared for the Chino Airport, permitted uses shall be only those allowed by both the base zoning district and the Airport Overlay as shown in Table 20.09-1.

2. An avigation easement shall be recorded against the property deed of all new development projects and use permits within a 10,000-foot radius of Chino Airport (Safety Zone I, II and III), advising current and future property owner(s) of potential impacts and stating that the property may be subject to overflight noise, vibration, and dust from aircraft. 87219

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I II III
Residential Clearly Unacceptable Clearly Unacceptable Normally Acceptable Lodging places Clearly Unacceptable Clearly Unacceptable Normally Acceptable Educational facilities Clearly Unacceptable Clearly Unacceptable Normally Acceptable Hospitals & nursing homes Clearly Unacceptable Clearly Unacceptable Normally Acceptable Assembly uses (auditoriums, stadiums,
concert halls, theaters, churches, etc.)
Clearly Unacceptable Clearly Unacceptable Normally Acceptable Sports arenas & outdoor spectator sports Clearly Unacceptable Clearly Unacceptable Normally Acceptable Parks, playgrounds, recreation centers,
fairgrounds & picnic grounds
Clearly Unacceptable Normally Unacceptable Normally Acceptable Libraries, museums & art galleries Clearly Unacceptable Clearly Unacceptable Normally Acceptable Golf courses, commercial riding stables &
water recreation
Normally Unacceptable Normally Acceptable Normally Acceptable Commercial office Clearly Unacceptable** Clearly Unacceptable** Normally Acceptable** Commercial retail Clearly Unacceptable** Clearly Unacceptable** Normally Acceptable Manufacturing & warehouse/distribution Clearly Unacceptable Normally Acceptable Normally Acceptable Public utilities Clearly Unacceptable Normally Acceptable Normally Acceptable Livestock, animal breeding & animal
keeping
Normally Unacceptable** Normally Acceptable** Clearly Acceptable Agriculture (commercial growing & field
crops)
Normally Acceptable Clearly Acceptable Clearly Acceptable Conservation areas & natural recreation
areas
Normally Acceptable Clearly Acceptable Clearly Acceptable Uses of a hazardous nature Clearly Unacceptable Clearly Unacceptable Clearly Unacceptable Maximum gross density (in persons per
acre)

0.5 25 No Limit
Maximum assembly recommended* 10 100 No Limit
Legend: Clearly Acceptable—No restrictions.

Normally Acceptable—Restricted development undertaken only after detailed analysis and satisfactory mitigation measures are initiated.

Normally Unacceptable—No new development shall be permitted.

Clearly Unacceptable —New construction or development should not be undertaken. Furthermore, an effort should be made to relocate existing uses.
* Assembly is the gathering together of persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation, as defined in the California Building Code. ** Some specific uses in this group may be acceptable, provided the density criteria are met.

C. Noise Standards.

1. California Administrative Code Section 5000 et seq. establishes criteria for the regulation of noise in the vicinity of airports. In an effort to reduce and control the impact of noise generated from Chino Airport on the community, noise contours have been established by the ACLUP prepared for Chino Airport. Within each noise contour identified on the noise contour map contained within the ACLUP, land shall only be used and/or developed in accordance with Table 20.09-2. The table establishes the degree of acceptability of certain land use groups within each noise contour.
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TABLE 20.09-2 C OMMUNITY NOISE COMPATIBILITY STANDARDS
Land Use Group
Maximum
Interior/Exterior
Noise Levels
(dBA)
Noise Contour per ACLUP
55 60 65 70 75 80
Residential 45/60

Lodging places 45/60

Educational facilities 45/65

Hospitals & nursing homes 45/65

Assembly uses (auditoriums, stadiums,
concert halls, theaters, churches, etc.) 45/no limit

Sports arenas & outdoor spectator
sports 45/no limit

Parks, playgrounds, recreation centers,
Fairgrounds & picnic grounds 50/65

Libraries, museums & art galleries 45/65

Golf courses, commercial riding stables
& water recreation 50/65

Commercial office 45/65

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Manufacturing &
warehouse/distribution no limit/no limit

Public utilities no limit/no limit

Livestock, animal breeding & animal
Keeping no limit/no limit

Agriculture (commercial growing &
field crops) no limit/no limit

Conservation areas & natural
recreation areas 45/65

Legend: Normally Acceptable—Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.

Conditionally Acceptable—New construction or development shall only be undertaken after a detailed acoustic analysis is prepared recommending measures to mitigate noise impacts to specified interior/exterior levels and mitigation measures are incorporated in the project design.

Normally Unacceptable —New construction or development is discouraged; however, if new construction or development does proceed, a detailed acoustic analysis shall be prepared recommending measures to mitigate noise impacts to specified interior/exterior levels and mitigation measures are incorporated in the project design.

Clearly Unacceptable—New construction or development should generally not be undertaken.

06.040
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20.09.060 – Downtown Overlay District
A. Purpose. The Downtown Overlay District is intended to:

1. Create pedestrian -friendly environments in Downtown Chino that balance the needs of automobiles, bicycles, and pedestrians.

2. Promote high quality urban design in areas in high visibility areas of the city.

B. Residentially Zoned Properties.

1. Development Standards. Residentially zoned properties within the Downtown Overlay District shall comply with the development standards in Table 20.09-3.

2. General Regulations. The design and development of residentially zoned property shall comply with the requirements of Table 20.09 -3, Development Re gulations for Residentially Zoned Properties in Downtown Overlay District.

3. Siting and Orientation. New street curb cuts on lots with alley access are discouraged and require approval by the Director of Community Development and the City Engineer.

4. Compatibility. New primary dwelling units and expansions of existing primary dwelling units shall be compatible with the neighborhood in size, footprint, height, bulk, scale, coverage, and addressing security concerns.

TABLE 20.09-3 DEVELOPMENT REGULATIONS FOR RESIDENTIALLY ZONED PROPERTIES IN DOWNTOWN

OVERLAY DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 4,500 sq.ft.

Minimum Lot Width 50 ft.

Minimum Lot Depth 90 ft.

Maximum Density (Dwelling Units Per
Adjusted Gross Acre) 8 DU/AC
Maximum Lot Coverage 45%
Maximum Floor Area Ratio: 0.55
Minimum Front Yard Landscape
Coverage 50% Chapter 20.19
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Maximum Living Area, Accessory Dwelling
Unit Per Section 20.11.020
Maximum Building Height:

Primary Dwelling Unit 2-1/2 Stories or 35 ft.

Detached Accessory Dwelling Unit Per Section 20.11.020
Accessory Structures (Other Than
Accessory Dwelling Unit) 1 Story or 14 ft.

Notes:
[1] Units constructed on or before May 20, 1965, without off -street parking shall provide one covered space at the time of any structural enlargement adding more than 5 percent to the gross floor area of the existing dwelling unit. Two garage spaces shall be provided for the primary dwelling unit prior to issuance of building permits for a secondary dwelling unit and its required parking. [2] An additional 5 feet of setback shall be provided along primary and secondary arterial streets. [3] A building or structure with a nonconforming side yard setback, in existence on September 16, 1977, may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided. [4] A minimum 20 feet setback must be provided for garages and carports facing a street side yard, measured from the door/opening, to the property line.
[5] Open 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.

5. Specific Requirements. Each use, activity and/or facility shall meet the following requirements:
a. Number of Dwelling Units. No more than two dwelling units shall be permitted on one lot.
b. Rental. Separate sale of the accessory dwelling unit shall not be permitted; however, the unit may be rented.
c. Architecture. The accessory dwelling unit shall match the primary dwelling unit with respect to architectural detail and detailing, roof material, and exterior color and finish materials.
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6. Review and Approval.
a. Permitted by Right. Review and approval of Accessory Dwelling Units shall meet the provisions of Chapter 20.11.020 – Accessory Dwelling Units.

C. Non-Residentially Zoned Properties. Commercial and other non- residentially zoned properties within the Downtown Overlay District shall comply with the following regulations.

1. Setbacks.
a. Maximum front setback: 10 feet.
b. Building walls shall be built to the front property line for a minimum of 70 percent of the primary street frontage.
c. Setback areas along the primary street frontage may be used only for building entryways, street-facing courtyards, sidewalk, landscape or other similar features. d. The building wall at the street frontage built with a minimum of 50 percent of the ground floor consisting of windows or storefronts with views into the building.

2. 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.

3. Building Mass and Scale.
a. Buildings shall be articulated to reflect a human-scale street frontage rhythm, with building storefront widths of approximately 30 to 50 feet.
b. Minimum ground floor height for retail and office uses: 12 feet. c. Buildings shall have a clearly defined base and roof edge so that the façade has a distinct base, middle and top at a scale that relates to an individual person. 93225

CHINO ZONING CODE

5. Pedestrian Orientation.
a. All development shall incorporate features as plazas, interior walkways, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains or other similar features to support attractive 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.

6. Parking.
a. Parking areas are prohibited between the building and primary street edge. b. Multi-story parking structures shall be lined with commercial, retail or residential use at the ground floor at street frontages.
c. To the extent possible, all outdoor parking areas should be divided into smaller units to reduce visual impacts associated with large expanses of pavement and vehicles. d. Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.
e. Whenever possible, vehicle access should be provided from side streets and alleys to limit the number of driveways along the main thoroughfares.

7. Landscaping.
a. Street trees shall be included along all street frontages of commercial development. Trees shall be selected from a list of City -approved trees and shall be approved by the director 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. c. Where appropriate, landscape beds shall be provided along street curbs. Suitable landscaping beds include pots, planters and sustainable stormwater retention features. d. All landscaped areas shall have automatic irrigation systems installed to ensure that plant materials survive.
e. Landscaped areas, including trees and other planting, as well as paving, walls and fences shall be regularly maintained.
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1. Due to the high number of small contiguous lots, sporadic existing development, the opportunity to develop the properties behind those fronting onto Central Avenue, the desire to develop the area in an aesthetic and functional manner, and the need to minimize and control traffic flow onto Central Avenue, the City Council has found and declared that the property within the Central Avenue Specific Plan presents unique problems for its development.

2. The Central Avenue Specific Plan is intended to:
a. Promote a positive image for the Central Avenue corridor by attracting quality development and by structuring land use, circulation and urban design in a manner that creates a coherent whole; and
b. Provide specific urban design guidelines to ensure that, as the plan is implemented, each project will contribute positively to the overall character and ambience of Central Avenue.

B. Applicability.

1. The Central Avenue Specific Plan is intended to supplement the provisions of this title. In the event of conflicts between the provisions of the specific plan document and the zoning ordinance of the city, the provisions of the Central Avenue Specific Plan shall apply, unless otherwise specified by this section.

2. In addition to the requirements of the Central Avenue specific plan, the planning commission may impose specific requirements which are reasonably necessary to overcome the problems recognized in subsection A.1 of this section. Upon request of a project applicant, the planning commission shall prepare findings supporting the relationship (nexus) between the standards set forth by this title and the requirements imposed upon a proposed development.

C. Permitted Uses. Uses permitted or conditionally permitted on property within the Central Avenue Specific Plan area shall be in accordance with the zoning district within which such property is located, as shown on the official zoning map and zoning maps distributed for general information to the public, except that, within Central Avenue Specific Plan District 5A and the Downtown/Civic Center Master Plan area, those uses listed within the specific plan shall apply.

D. Development Requirements. The development or alteration of any property, or the erection, installation, alteration or enlargement of any building or structure thereon, shall be subject to the standards and guidelines of the Central Avenue Specific Plan , and the following development requirements:

1. Property shall only be developed in such a manner as to overcome the problems of development recognized in subsection A.1 of this section.

2. The owner(s) of any property upon which a development project is proposed, or the erection, installation, alteration or enlargement of any building or structure thereon, shall convey any and 95227

CHINO ZONING CODE

3. Existing residential development which is converted to commercial use shall have a minimum width of 96 feet, measured along the front lot line, except as permitted within District 4A, District 5A, and the Downtown/Civic Center Master Plan area (Phases 1 and 2) of the Central Avenue Specific Plan. Furthermore, the exterior of the structure to be converted may be required to be upgraded to conform to all codes and ordinances in effect at the time of conversion.

4. New commercial development may only occur on lots having a minimum width of 96 feet, measured along the front lot line, except as permitted within District 4A, District 5A, and the Downtown/Civic Center Master Plan area (Phases 1 and 2) of the Central Avenue Specific Plan.

5. Any item not covered by the Central Avenue Specific Plan, shall be governed by the provisions of this title.

20.09.080 – Industrial Planned Development Overlay District A. Purpose. The purpose of the Industrial Planned Development Overlay District is to achieve superior development, as compared to that which can be achieved through the strict application of the standards of a specific zoning district, by permitting greater flexibility in the design of industrial development, and promote a more efficient, aesthetically pleasing, and desirable use of land.

B. Permitted Uses. Uses permitted or conditionally permitted within the Industrial Planned Development Overlay District shall be in accordance with the base zoning district. However, in establishing an Industrial Planned Development Overlay District or approving a project within an Industrial Planned Development Overlay District, the Planning Commission and/or City Council may limit, or for mixed -use developments, add certain land uses, finding that such revisions are necessary to enhance the quality and character of the development and to ensure the compatibility between uses located within a planned development project and with existing or potential uses within the general area of the site. For the purpose of this section, a mixed -use development shall be considered a development that consists of a variety of complementary uses including, but not limited to:
residential, office, commercial retail and entertainment, that is planned and designed as a unified, comprehensive project area and that is visually integrated through architectural design, and functionally integrated through the use of shared vehicular and pedestrian access and parking areas.

C. Special Conditional Use Permit Required. An application for a Special Conditional Use Permit shall be filed in accordance with the provisions of Section 20.23.080 of this Code for any modifications to an existing Industrial Planned Development Overlay District. An application for a Zone Change shall be filed in accordance with the provisions of 20.23.060 of this Code for the establishment of an Industrial Planned Development Overlay District, and shall set forth a master plan of development for property located within the Industrial Planned Development Overlay District.
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OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
56 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 30 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 also 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 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 20.09-4 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.

T
ABLE 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
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 26 units per adjusted gross acre unless a project qualifies for additional density by providing more affordable housing pursuant to subsection (2) 97229

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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 30 units per adjusted gross acre.

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. Horizonal 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 where 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 residential use required in a mixed -use project. In a mixed -use project, at least fifty percent of the gross floor area shall be reserved for residential use.

3. One hundred percent residential use allowed. Projects developed in the MUO district may be one hundred percent residential. No minimum percentage of non-residential use is required. 98230

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5. 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 50 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 25 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 that provide architectural articulation and visual interest.
g. On-site management. On- site, 24-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.
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DISTRICT
Feature Standards 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
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 cal culated 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 th e 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 building wall containing and extending 3 feet on either side of any window. a. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least 10 feet shall be provided.
c. For all other walls containing windows, a setback of at least 5 feet shall be provided. 100232

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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 shall 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 80 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 top of the building and avoids the appearance of a box-like structure.
b. Buildings that are more than 150 feet in length shall include a minimum 2 -foot vertical variation in height for at least 50 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, 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. 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.
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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 the 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 Multiple - 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 with 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.):

Front 10 feet; 15 feet if ground floor is
residential
Notes 3 and 5
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OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
62 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.

a. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided
b. For any wall containing sleeping room windows, a setback of at least 10 feet shall be provided.
c. For all other walls containing windows, a setback of least 5 feet shall be provided.

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 10 feet of the front property line for a minimum of 70 percent of the primary street frontage and 40 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 15-foot setback is proposed, and substantial landscaping will be located between the build-to and ground-floor residential units as a buffer;
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3. Required ground floor transparency for non-residential uses. Exterior walls for non-residential ground-floor uses facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 60 percent of the building wall area between 2 feet and 8 feet above the sidewalk. No wall shall run in a horizontal plane more than 25 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 3 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 have 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 80 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 top of the building and avoids the appearance of a box-like structure.
b. Buildings that are more than 150 feet in length shall include a minimum 2-foot vertical variation in height for at least 50 feet.
c. To maintain a human-scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed 30 feet without a recess or a break, which may be a building entry or a separate display window. d. Minimum ground floor height for commercial uses, including retail shops, restaurants, and offices: 14 feet.

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 over two acres in size shall incorporate features such as plazas, interior walkways, canopies, 104236

CHINO ZONING CODE

OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
64 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 6-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 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.

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 25 feet 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 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.

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. 105237

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OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
65 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 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 perimeter 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 20 percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be 400 square feet per unit.

2. Minimum amount of private open space. The minimum amount of private open space shall be at least 25 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: 150 square feet patio with a minimum horizontal dimension of 10 feet or 72 square foot deck with a minimum horizontal dimension of 6 feet; and b. Upper level units: 72 square feet with a minimum horizontal dimension of 6 feet.

3. Minimum amount of common open space areas. A minimum of 65 percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of 20 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 20 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 20 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 25 percent of the total common open space. c. Up to 15 percent of the required common open space area may be provided within a recreational building.

Chino City CouncilApril 15, 2025

Chino City Council
April 15, 2025