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SPECIAL PROCESSING REQUIREMENTS AND HAZARDOUS WASTE FACILITIES. CHAPTER 20.604
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1. Assist the LAC in reviewing and evaluating the application for the proposed facility, any environmental documents prepared for the project pursuant to the provisions of the California Environmental Quality Act (CEQA), and any other documents, materials and information which are required by the city in connection with the application for a land use decision; and/or
2. Advise the LAC in their discussions with the project proponent regarding the terms and conditions under which the proposed facility will be acceptable to the community.
B. The proponent of the proposed hazardous waste facility shall pay to the City, a fee equal to the amount of any technical assistance grants. The local agency shall deposit such fee in an account created in the City treasury, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of review of the proposed facility.
20.604.050 – Appeal Procedures
A. Any applicant or any interested person may appeal to the City Council, any action or decision of the Planning Commission to the City Council pursuant to the provisions of Section 20.23602.150 130 (Appeals).
B. An action or decision of the City Council may be appealed to the Governor, or his/her designee, within 30 days following the City Council Action or decision.
C. If an application for a land use decision on a hazardous waste facility is denied by the City before an EIR for the project is prepared and certified, or before a Negative Declaration for the project is adopted pursuant to the provisions of CEQA, the project proponent may file an appeal of the denial with the Governor, or his/her designee.
D. If a special conditional use permit for a hazardous waste facility is approved by the City, the project proponent may file an appeal of the conditions of approval imposed on the facility with the Governor, or his/her designee. Said appeal shall specify the particular condition(s) imposed by the City that is the subject of the appeal. The appeal shall be based solely upon the grounds that the condition(s) imposed on the operation of the facility by the City are so onerous and restrictive, that their imposition is the same as a denial of the proposed facility.
E. If a special conditional use permit for a hazardous waste facility is approved by the City, any interested person(s) may file an appeal of the approval with the Governor, or his/her designee. Said appeal shall state why the condition(s) imposed on the facility do not adequately protect the public health, safety or welfare, and shall specify additional conditions which are necessary to provide such protection.
The appeal may be based solely upon the grounds that the condition(s) imposed upon the project by the City do not adequately protect the public health, safety or welfare.
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Chapter 20.605 – ENFORCEMENT
Section:
20.604.010 Purpose and Intent
20.604.020 Applicability
20.606.030 Remedies
20.604.040 Penalties
20.604 050 Fees
20.605.010 – Purpose and Intent
The purpose of these provisions is to prescribe procedures for the enforcement of the provisions of this title and any entitlement thereunder.
20.605.020 – Applicability
A. The Planning Commission shall have jurisdiction of, and be responsible for, the administration of the regulations and provisions of this Zoning Code. It shall have the power to exercise this jurisdiction as hereafter provided, and shall have the authority to act in its administrative capacity on: variances, conditional use permits, site approvals, adjustments, and interpretations of this Zoning Code.
B. In exercising its jurisdiction, the Planning Commission shall adopt from time to time, such general rules and regulations relating to its procedure, as may be deemed necessary.
20.605.030 – Remedies
A. It shall be the duty of the Director of Community Development Services and all officers of the City otherwise charged with the enforcement of the law, to enforce the provisions of this Zoning Code.
B. The City Attorney, at the direction of the City Council, Planning Commission or Director of Community Development Services, is authorized to institute any legal proceedings necessary to enforce the provisions of this Zoning Code, including the initiation of an injunction to restrain, or any other such action or proceedings to enforce such provisions.
C. All remedies concerning this Zoning Code shall be cumulative and not exclusive. The conviction and punishment of any person(s) hereunder shall not relieve such person(s) from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.
D. Any construction in violation of this Zoning Code, or any condition(s) imposed on a permit, license or other entitlement, shall be subject to the issuance of a “Stop Work Order.” 1152
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20.605.040 – Penalties
A. Infraction.
1. Any person, firm or corporation violating any of the provisions of this Zoning Code shall be guilty of an infraction, and upon conviction thereof, shall be punishable by a fine as established by Chino Municipal Code Section 1.12.010.B. However, such fines and penalties shall not be deemed exclusive. When applicable, the City shall have the right to enforce the provisions of this Zoning Code by civil process, including injunction and all other civil remedies.
2. Every day any violation of this Zoning Code continues shall constitute a separate offense.
B. Misdemeanor. In alternative to the provisions of Part AD.1 (Infraction) of this Section, at the City’s discretion, any person, firm or corporation violating any of the provisions of this Zoning Code may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
20.605.050 – Fees
The City may impose fees on complainants to cover the full costs incurred by the City for the monitoring and enforcement of the requirements of this Zoning Code, as well as those conditions and mitigation measures imposed on an approved permit, license or other such entitlement.
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GLOSSARY CHAPTER 20.701
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Table of Contents
Chapter 20.701 – Glossary ...................................................................................................................... 1
20.701.010 – Purpose..................................................................................................................................................... 1
20.701.020 – Definitions ............................................................................................................................................... 1 List of Figures
Figure 20.701-1 Example of Floor Area Ratio (FAR) .......................................................................................... 13 Figure 20.701-2 Lot And Yard Types ...................................................................................................................... 21 Figure 20.701-3 Setback ............................................................................................................................................. 34
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700 Series - Glossary
Chapter 20.701 – GLOSSARY
Sections:
20.701.010 – Purpose
20.701.020 – Definitions
20.701.010 – Purpose
This chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this chapter conflict with others in the City Code, these definitions shall control for only the provisions of this Zoning Code. If a word is not defined in this chapter or in other provisions of the Chino Zoning Code, the Director shall determine the appropriate definition.
20.701.020 – Definitions
A. Definitions, “A”.
Abandoned shopping cart. Any cart removed from a business establishment’s premises without written permission of the owner and located on either public or private property.
Abandon use. A business or activity with no reported sales or activity for a period of at least one hundred eighty days. Exceptions are temporary closures for repairs, alterations, or other similar situations.
Accessibility. The combination of various elements in a building, facility, site or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities.
Accessible. A site, building, facility, or portion thereof that is approachable and usable by persons with disabilities.
Accessory building. See “Building, accessory.”
Accessory dwelling unit (ADU). An attached or detached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.
This definition shall be interpreted as consistent with the definition for “Accessory Dwelling Unit” in Government Code § 65852.2.
Accessory use. A use or structure clearly incidental to and customarily found in connection with an established primary use of a site, or of a building located on the same site. The terms “incidental use” and “accessory use” shall be used interchangeably within this Title.
ACLUP (airport comprehensive land use plan). A master plan prepared in accordance with Public Utilities Code Section 21670 et seq., which provides for the orderly growth of airports and provides measures for mitigating the public’s exposure to excessive noise and safety hazards within areas around public airports.
Administrative approval. A permit for a specified land use, building or structure that is issued by the Director of Community Development Services at the City’s discretion.
Adult oriented businesses. See Title 5 of the Municipal Code for a definition of Adult Oriented Businesses.
Affordable dwelling units. See “Target units.”
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Affordable housing unit. A residential dwelling unit that is restricted by deed or other recorded document for rent or sale at an affordable housing cost to persons and families of low or moderate income A housing unit which is available for rent or sale to households with income levels at the very low-, low-, or moderate- income level as those terms are defined in this section.
Affordable housing development. A development project of ten or more residential units, including mixed-use developments, that includes one or more affordable housing units.
Affordable housing agreement. A legally binding agreement between an Applicant and the City of Chino to ensure that continued affordability of affordable housing units that may be required by this Title persists and the units are maintained in accordance with this Title.
Affordable rent. means the total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for family size appropriate for the unit, as follows:
• For purposes of the City’s density bonus in the AHO and MUO zoning districts, the low income rent shall be based on 30 percent of 80 percent multiplied by the area median income for San Bernardino County as published by the California Department of Housing and Community Development.
• For applicants seeking a density bonus under Government Code Section 65915, the calculation methodology in Section 50053(b) of the Health and Safety Code will be applied.
Affordable sales price. The maximum purchase price that can be charged for an affordable unit calculated in accordance with Section 50052.5 of the California Health and Safety Code. The affordable sales price is equal to the lesser of: 1) the sum of the assumed mortgage cost plus the benchmark down payment, which is used solely for calculation of the affordable sales price, or 2) the purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The benchmark down payment is set at five percent of the affordable sales price.
Agriculture. The tilling of soil, the raising of crops, horticulture, livestock farming, dairying or animal husbandry, including accessory supply, service, storage and processing areas and facilities to accommodate agricultural products produced on the premises; provided, however, that the accessory uses shall not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar commercial or industrial uses.
Agricultural processing, on-site. A facility used for the cooking, dehydrating, refining, bottling, canning, washing, packaging, or other treatment of agricultural products which changes the naturally grown product for consumer use. May include warehousing and packaging as secondary uses.
Agricultural products. Fresh or processed products that may include whole fresh fruits, nuts, vegetables, herbs, cultivated mushrooms, shell eggs, dairy, honey, flowers, livestock meat, poultry meat, rabbit meat, fish, including shellfish, unprocessed grains, nursery stock, and similar items.
Agricultural product stands. A structure where unprocessed produce, including fruits, vegetables and nuts is sold.
Airport. Any area of land or water designated and set aside for the landing and taking off of aircraft, which is utilized or will be utilized in the interest of the public for such purposes, and has a valid permit to operate from the state of California.
Alcoholic beverage sales. The retail sale of beer, wine or distilled spirits for on-premise or off-premise consumption.
Alley. An unnamed public or private right-of-way designed to provide vehicular access to a property through a side or rear yard.
Amendments. Any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.
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Amusement or theme park. A commercially operated park with a predominance of outdoor games and activities for entertainment, including motorized rides, waterslides, miniature golf, batting cages and the like.
Animal keeping, commercial. Any establishment that keeps animals for sale or hire, provides medical treatment for animals on the premises or regularly offers any temporary boarding facilities for animals.
Animal keeping, household. Any establishment that keeps animals only as pets, or for the production of eggs, milk or meat for personal use.
Animal sales and services. A retail sales establishment primarily involved in the sale of products for domestic animals, such as dogs, cats, fish, birds, and reptiles, including indoor boarding, grooming, or veterinary services as incidental to the primary retail use; a retail sal es establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles; or any place or establishment, public or private, where domestic animals are bathed, clipped, or combed for the pu rpose of enhancing their aesthetic value and/or health for which a fee is charged.
Antenna. Any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also “Satellite dish” and “Satellite antenna.” Anti-drain valve. See “Check valve”.
Anti-transpirant. A protective coating, generally applied to plant materials prior to or immediately after transplanting, that reduces water loss through the leaf surface.
Apartment. One or more rooms in an apartment building intended or designed to be occupied by one family for living and sleeping purposes, and containing a kitchen and bath facilities.
Apartment building. A building or portion of a building, other than a temporary lodging such as a hotel or motel, containing three or more dwelling units.
Applicant. Any person required to submit an application for a permit for development or other land use entitlement. Landscape Documentation Package. Applicant may include the property owner or an agent of the owner or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
Application rate. The depth of water applied to a given area, usually measured in inches per hour.
Applied water. The portion of water supplied by the irrigation system to the landscape.
Area, Adjusted Gross. See “Net Acre.” The area of a lot, exclusive of all land within the ultimate right-of-way for Expressways, Major Arterials, Primary Arterials, Secondary Arterials, and Collector Streets, as shown in the Transportation Infrastructure Element of the General Plan. (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.)
Area, Gross. The area of a lot measured to the centerline of the street or alley.
Area, Net. The area of a lot, exclusive of all street and alley rights-of-way, and dedications transferring title of land to a public agency. See “Net Acre.”
Area of a Lot. The net area of a single recorded lot.
Art gallery. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public.
As-builts. See “Record drawing.”
Athletic instruction. A facility offering instruction and/or study oriented toward dance, sports, or fitness, such as yoga studios, martial arts, social and artistic dance, cheerleading, gymnastics, CrossFit, indoor batting cages, and individual or team sports. Facilities operated by a public agency are not included in this definition. 1158
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Automatic irrigation controller. A timing device used to remotely control valves that operate an irrigation system.
Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
Automobile and vehicle sales and rental. The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental or lease of new motor vehicles, or used motor vehicles as an ancillary use of a zoning lot, and any warranty repair work and other repair service or bus/van conversions conducted as an accessory unit. This term includes “Auto mall.”. Vehicle sales also include the sale of aircraft (including commercial, private and/or military aircraft), primarily at the Chino Airport.
Automobile, light truck and van cleaning. Mechanical facilities for the washing, waxing, and vacuuming of automobiles, light trucks and vans.
Auto mall. A planned development with clustered dealerships and showrooms, repair and servicing facilities and ancillary uses supporting vehicle sales of both new and used (pre-owned) vehicles, including manufacturer’s direct-to-customer sales rooms.
Awning. A cloth, plastic or other nonstructural covering that either is attached permanently to a building or can be raised or retracted to a position against the building when not in use.
B. Definitions, “B”.
Backflow prevention device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
Balcony. A platform that projects from the wall of a building and is surrounded by a railing.
Bank or financial service. A financial institution such as a bank, credit agency or lending institution.
Bar. An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
Base density. The maximum residential density allowed in a zone before adding any additional density for community benefits, amenities, or provision of affordable housing.
Battery Energy Storage System. A facility using one or more rechargeable battery systems or related electrochemical technologies capable of storing electrical energy for later injection to the electrical grid, on- site use, or emergency backup purposes, together with associated control systems, inverters, transformers, safety systems, and accessory equipment.
Basement. A story of a building that is partly below grade and is located so that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
Bed and breakfast. A residential structure with one family or manager in permanent residence and from two to six guest rooms rented for overnight lodging, where meals may be provided for compensation subject to applicable Health Department regulations and where no provision is made for cooking in any individual room or suite. A bed and breakfast with more than six guest rooms shall be considered a hotel or motel, as applicable.
Bedroom. A habitable space within a dwelling unit in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both.
Block. All property fronting on one side of a street between intersecting and intercepting streets; or between a street, railroad right-of-way, waterway, natural barrier or unsubdivided acreage.
Boardinghouse. A single-family residential dwelling, accessory dwelling unit, or junior accessory dwelling unit wherein two or more rooms, with or without individual or group cooking facilities, are rented, licensed or otherwise provided in exchange for rent or other remuneration to an individual or individuals under separate written or oral rental leases, licenses or other agreements. Notwithstanding the previous sentence, aA boardinghouse does not include a single-family residential dwelling that includes a junior accessory dwelling 1159
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unit and an attached or detached accessory dwelling unit where the junior accessory dwelling unit and attached accessory dwelling unit are both rented..
Botanical gardens and arboretums. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.
Breezeway. A roofed structure open on at least two sides attached to and connecting portions of a main building, or portions of a main building and an accessory building.
Bridle path. See “Neighborhood equestrian trail.”
Broadcasting studios. A commercial or public facility where broadcasts originate.
Build-to Line. A line parallel to the lot line where the façade of the building is required to be located.
Building. A structure having a roof or similar enclosure supported by columns or walls and with interior space intended or used for shelter, confinement or housing of any person, animal or property, equipment, goods or materials.
Building, accessory. A subordinate detached building, the use of which is clearly incidental and secondary to that of the main building on the same site in terms of both use and size. A building shall be considered part of the principal building if connected to it by a common roof line or fully enclosed space.
Building, apartment. See “Apartment building.”
Building, attached. A building that has at least one of its walls permanently attached, in part or in whole, to the wall of another building.
Building, detached. A building with none of its walls permanently attached to the walls of another building.
Building, main. A building in which one of the site’s principal and permitted uses is conducted. In residential districts, the largest building on a site that contains a dwelling unit shall be deemed the main building. A site may have more than one main building.
Building, nonconforming. A building or structure, or a portion of a building or structure, that does not conform to the regulations contained in this chapter.
Building area. The total amount of ground area occupied by all buildings and structures on a parcel of land.
Building frontage. A building wall facing a parcel boundary that abuts a street.
Building height. See “Height, building or structure”
Building Official. The Building Official, or his or her authorized representative.
Building site. See “Site.”
Building supply. A wholesale or retail establishment that sells lumber, wallboard, fixtures and similar large building materials. The term “building supply” does not include establishments primarily devoted to the retail sale of tools, paint and similar products, which are classified as general retail.
Bus and large truck cleaning. Mechanical facilities for the washing, waxing and vacuuming of heavy trucks and buses.
Bus and large truck repair and maintenance. Repair and maintenance facilities for buses and large trucks whose primary or incidental uses include but are not limited to uses such as repair, service, towing, and finishing.
Business, freeway-oriented. Any business that supplies food, fuel or lodging that is essential to support travelers on a freeway, and that is directly dependent upon and adjacent to a freeway.
Business support service. An establishment primarily within a building that provides services that are necessary to other businesses, such as clerical, employment, protective, or minor processing to firms, including blueprinting, computer rental and repair, mailing and mailbox services, copying and quick printing, secretarial, and other services of like kind or character.
C. Definitions, “C”.
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California Invasive Plant Council (Cal-IPC). Across California, invasive plants damage wildlands. Invasive plants displace native plants and wildlife, increase wildfire and flood danger, consume valuable water, degrade recreational opportunities, and destroy productive range and timber lands. Cal-IPC works with land managers, researchers, policy makers, and concerned citizens to protect the state from invasive plants.
California Irrigation Management Information System (CIMIS). CIMIS is a program in the Office of Water Use Efficiency (OWUE), California Department of Water Resources (DWR) that manages a network of over 120 automated weather stations in the state of California. CIMIS was developed in 1982 by the California Department of Water Resource and the University of California at Davis to assist California’s irrigators manage their water resources efficiently.
Canopy. A permanent covering over a walkway or driveway that is wholly supported on each side by posts or walls.
Cannabis. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, as defined by California law, including cannabis products for medicinal or adult use. Cannabis does not include industrial hemp, which is defined separately under State and federal law.
Cannabis Retailer (Dispensary). A facility engaged in the retail sale, dispensing, or delivery of cannabis or cannabis products to consumers for medicinal or adult use, including accessory storage, security, and incidental educational or administrative functions
Car wash. A permanent, self-service or full-service establishment that provides facilities for car washing, including washing of light trucks and vans.
Caretaker quarters. A permanent residence that is provided as an accessory use to a non-residential use, and is used to house a caretaker and the caretaker’s family for security purposes or to provide around-the-clock care or monitoring of the site or any person or thing on the site.
Carport. A permanent roofed building that is open on at least two sides and is used or designed for the shelter and storage of vehicles.
Cart/Kiosk. Means any portable, non-motorized wagon, cart, or similar non-wheeled unit used by a vendor from which retail goods, food, and/or beverages are offered for sale.
Catering service. A business that prepares food for consumption on the separate premises of a client, and that is not part of a restaurant. A vehicular food vendor or a restaurant that provides catering shall not be considered a catering service.
Cemetery. Any place for the burial, disposal or long-term storage of human remains, including but not limited to a columbarium, crematory or mausoleum.
Centerline. The right-of-way centerline for a street or alley, as established by official survey.
Certified Farmers’ Market. A farmers’ market that has been issued a Certified Farmers’ Market Certificate by the San Bernardino County Agricultural Commissioner authorizing sales of agricultural products and ancillary products by certified producers and other vendors.
Certified Irrigation Designer. A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protections Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.
Certified Landscape Irrigation Auditor. A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental 1161
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Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.
Certified Producers. A farmer, rancher, o r other agricultural producer that is authorized by the San Bernardino County Agricultural Commissioner to sell their agricultural products in a certified farmers’ market.
CFS. Cubic feet per second.
Check cashing services. A place of business where one can cash a check for a fee.
Check valve. A valve located under a sprinkler head to hold water, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
Chicken coop. An enclosed area for chicken habitation that contains a chicken run and a henhouse.
Chicken run. An outdoor area within the coop that provides a protected place for chickens to freely wander about; the equivalent to a dog run.
Child or family-oriented business. A business establishment that has as its primary clientele children or families with children, including but not limited to toy stores, children's clothing stores, family amusement arcades, or family recreation facilities.
Cigar lounges. An establishment where patrons can smoke and purchase cigars. This definition includes lounges with membership programs.
City Engineer. The City Engineer, or his or her authorized representative.
Club. Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purposes, to which membership is required for participation and not primarily operated for profit not to render a service that is customarily carried on as a business.
CNEL (community noise equivalent level). An average daily noise level (averaged for each twenty-four hours) and weighted more heavily during evening and nighttime hours to account for the lower tolerance of persons to noise during those hours.
Code. The Municipal Code of the City of Chino.
Code Enforcement Compliance Official. The Lead Supervising Code Compliance Inspector, or his or her authorized representative.
Co-generation Energy Facilities. Co-generation energy facilities, also known as combined heat and power systems, enable simultaneous generation of electricity and thermal energy from the same energy source. They enable a fuel, such as natural gas, biomass, or waste heat, to be burned to produce electricity, and the waste heat from the electricity generation process is captured and used for heating or other industrial processes.
Commercial animal keeping. See “Animal keeping, commercial.” Commercial Nursery. Establishments primarily engaged in retail or wholesale sales of nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere.
Fertilizer and soil products are stored and sold in packaged form only. This term includes garden centers, which sell nursery and garden products, irrigation supplies, pots, and tools used for gardening.. This classification does not include the sale of house plants or other nursery products entirely within a building, which is considered to be general retail.
Commercial recreational facility. Any establishment that provides entertainment activities or services for a fee or admission charge, including bowling alleys, electronic game arcades, billiard rooms, miniature golf courses, trampoline parks, axe throwing, indoor shooting ranges, escape rooms, laser tag, indoor/virtual golf facilities, sports clubs, indoor party centers, karaoke, amusement centers, amphitheaters, and other uses of like kind or character. An establishment that offers a small number of game machines to its customers as an accessory use, such as a restaurant or laundromat, shall not be considered a commercial recreational facility. Facilities operated by a public agency are not included in this definition. 1162
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Common interest developments. Community apartment projects, condominium projects, planned development, and stock cooperatives per Civil Code Section 4100.
Common open space. See “Open space, common.”
Compost. The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
Conditional Use Permit. A permit to allow a specified land use, building or structure that is not allowed as of right on a given property, subject to the discretion of the City.
Condominium. Means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan.
Congregate Care Facility. See “Residential Care Facility.” A facility for long-term residence exclusively by persons 60 years of age or older, and which shall include, without limitation, common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which must include at least two of the following: meals services, transportation, housekeeping, linen, organized social activities, health screenings, and health/nutrition education.
Construction yard. A temporary staging area for supplies, equipment and materials that are being used in conjunction with an approved building permit or grading permit. A construction yard may include a temporary contractor’s office as an accessory use.
Control Valve. A device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.
Controlled Environment Agriculture (CEA). The production of crops within buildings, greenhouses, or other structures using controlled light, temperature, humidity, nutrients, or water systems, including hydroponic, aquaponic, and aeroponic cultivation methods.
Controller. An automatic timing device used to control valves or heads to operate an irrigation s ystem. A weather‐based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e. soil moisture sensor).
Conversion factor. A number that converts acre-inches per acre per year, to gallons per square foot per year.
The conversion factor is calculated as follows:
(325,851 gallons/43,560 SF)/12 inches=0.62
Where: 325,851 gallons = 1 acre-foot
43,560 = 1 acre
12 inches = 1 foot
To convert gallons per year to 100 CF per year, divide gallons per year by 748 (748 gallons equals 100 CF).
Converted Accessory Dwelling Unit. A unit created from space in a single-family residence or another accessory structure, such as a garage, under the authority of Section 66323 of the Government Code.
Correctional institutions and facilities. Publicly or privately-operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
Courtyard. An open, unoccupied space other than a yard on the same site with a building and bounded on two or more sides by one or more buildings on the site.
Covered patio. See “Patio, covered.”
Crematorium. A location containing properly installed, certified apparatus for use in the act of cremation.
Crop cultivation. The process of growing, farming, fertilizing and producing agricultural produce. 1163
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Cultivated landscape area. Planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.
Cyber cafes. An establishment that provides more than six computers and/or other electronic devices for access to the Internet, e-mail, video games or computer software programs for the primary purpose of recreation, which are networked or which function as a client/server program, and which seeks compensation from users. Cyber cafe is synonymous with PC cafe, internet cafe, computer gaming center, or cyber centers.
D. Definitions, “D”.
Dairy. Any premises where milk or a milk product is produced for sale or distribution and where ten or more cows or goats are in lactation.
Data Center. A facility or portion of a facility used primarily for the housing, storage, processing, management, routing, and transmission of digital data through servers, computers, telecommunications equipment, and related equipment, including supporting mechanical equipment, cooling systems, emergency backup power systems, and associated infrastructure. A data center may include accessory administrative offices, security operations, and equipment maintenance. This classification excludes telecommunications facilities and office or industrial uses involving incidental server rooms.
Day care facilitycenter. Any facility that provides non-medical care and supervision of adults or minor children for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers child day care only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.
Day spa. An establishment where professionals provide personal beauty, health and therapeutic treatments including massage, facials, excluding full body massage services. This classification includes wellness centers. dBA. An A-weighted sound level, in decibels, as measured on a sound level meter equipped with weighting networks that represent the way the human ear hears certain sounds.
Dead storage. The storage of inactive items that will not be used for an extended period of time.
Decibel (db). A unit for describing the intensity or level of sound, equal to twenty times the logarithm to the base ten of the ratio pressure of the sound measured to a standard reference pressure.
Deck. A roofless, floored structure, typically with a railing, that adjoins a building or is located on a rooftop.
A deck may include a pool or other recreational amenity.
Density bonus. An increase in the maximum number of residential dwelling units that are allowed on a site, granted in exchange for reserving dwelling units for certain types of households with qualifying incomes.
Desertscape. Inherently involves fewer plants and large areas of open unplanted space. Seen as undesirable because it may be devoid or almost devoid of life, uncultivated, and desolate.
Developer. A landowner or owner’s agent responsible for the development of land. Does not include homeowners or landlords of single‐family homes.
Development. The uses to which land will be put; the buildings and structures to be constructed on the land; and all alteration of the land and other construction incidental to these uses, buildings and structures.
Development, infill. Any vacant lot or parcel within developed areas of the city, where at least 75 percent of the perimeter of the site adjoins land that has been developed for urban uses, and where water, sewer, streets, schools, and fire protection have already been developed and are provided.
Development review. The process of reviewing a development proposal or proposed land use. 1164
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Development Costs. The aggregate of all costs incurred in connection with a development which are reasonable and necessary, including, but not limited to, those costs listed in California Health and Safety Code Section 50065.
Development standard. A site or construction condition, including, but not limited to, height limits, required setbacks, maximum floor area ratio, on-site open-space requirement, or required parking that applies to a development pursuant to any ordinance, General Plan, Specific Plan, or other local condition, law, policy, resolution, or regulation.
Director of Development Development.Services The Director of Community Development Services , or his or her authorized representative.
Director of Parks. The Director of Community Services, Parks and Recreation, or his or her authorized representative.
Discretionary approval. Any entitlement or approval, including but not limited to a use permit, variance, site approval, and subdivision map
Distributed Energy Systems. Small-scale units for local energy generation, energy storage, and demand-side resources that are connected to the distribution network rather than the central grid. They include technologies, such as rooftop solar panels, small-scale wind turbines, battery storage systems, and energy demand responsive equipment.
Distribution uniformity. The measure of the uniformity of irrigation water over a defined area.
District. An area defined on the official Zoning Map within which certain regulations and requirements apply under the provisions of this chapter.
Drip irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Drive-in theater. Any land, building or structure used for the showing of outdoor motion pictures for compensation, the viewing of which is from the patron’s automobile.
Drive-thru facilities. A building where a customer is permitted or encouraged, either by the design of physical facilities or by the service procedures offered, to be served while remaining seated within a vehicle, including but not limited to drive-through restaurants, pharmacies, automatic teller machines (ATMs), and automatic car washes.
Dry Port. An inland intermodal freight facility where cargo is transferred, sorted, stored, consolidated, or distributed between truck, rail, or other freight modes, functioning as an inland extension of a seaport or major cargo terminal. A dry port may include container handling, transloading, warehousing incidental to freight movement, customs-related activities, and accessory administrative offices.
Duplex. Two dwelling units on one residential lot of record and designed for occupancy by two independent households. Each dwelling unit of a duplex dwelling contains its own cooking, sleeping and sanitary facilities; its own entrance; and, shares no common interior space. Duplex dwellings may be attached (e.g. sharing a common wall or a single unit on the first floor with another above it) or detached.
Dwelling, multiple-family. A property consisting of attached dwelling units that share common open space, which may include apartment buildings, condominiums, and mixed use structures.A building or portion of a building that provides three or more dwelling units. Multiple-family dwellings include apartment buildings, as well as townhouses or rowhouses that have apartments located above them. Multiple-family dwellings do not include temporary lodging such as hotels or motels.
Dwelling, single-family. A single dwelling unit, including kitchen and bath facilities, that is designed for occupancy exclusively by one family. A single-family dwelling may be either detached or attached. 1165
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Dwelling, single-family, attached. A two-story or three-story single-family dwelling, such as a townhouse or rowhouse, within a dwelling group in which no unit is located above another unit.
Dwelling, single-family, detached. A single-family dwelling that is not attached to any other single-family dwelling, other than an attached accessory dwelling unit.
Dwelling group. A group or row of detached or semi-detached dwellings that share a yard, courtyard or other open space, including apartment buildings and townhouses, but not including temporary lodging such as hotels or motels.
Dwelling unit. A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.
Dwelling unit, primary. A dwelling unit located in a main building.
E. Definitions, “E”.
Easement. A space on a parcel of land, indicated on a subdivision map or in a deed restriction, where the owner has granted one or more property rights to a person, corporation, public agency or other entity.
Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Effective precipitation. The portion of total precipitation which becomes available for plant growth.
Electronic Data Processing Center. See “Data center.”
Emergency shelter. A structure that provides temporary shelter and feeding of indigents or disaster victims, and that is operated by a public or non-profit agency.
Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.
Engineering design standards. The engineering requirements developed by the City Engineer, and adopted by resolution of the City Council, for the construction and configuration of various types of infrastructure within the city, including but not limited to rights-of-way, water and sewer lines, storm drainage and parking areas.
Equipment rental and sales, heavy equipment. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes.
Equipment rental and sales, light equipment. Establishments primarily engaged in the sale or rental of small trucks and light equipment including chain saws, hedge trimmers, drills, saws, etc.
Equity share agreement. An agreement by which appreciation on the value of an affordable unit from the time of the original purchase at an affordable price to the time of resale shall be shared between the purchaser of the affordable unit and the City according to details specified in the Affordable Housing Agreement for the project. Having such an agreement shall be a condition of sale of the affordable unit.
Established landscape. The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
Establishment period of the plants. The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years of establishment.
Estimated total water use (ETWU). The annual total amount of water estimated to be needed to keep plant material in a landscaped area in a healthy and thriving condition, based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants and the efficiency of the irrigation system.
ET adjustment factor (ETAF). A factor of 0. 755 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and 1166
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existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non- rehabilitated landscapes is 0.8.
ETo. See the Reference evapotranspiration.
Evapotranspiration Rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time.
EV Capable Space. A vehicle parking space with electrical panel capacity, feeder and branch-circuit wiring (but no receptacle or EV charger installed) installed to support future installation of electric vehicle charging equipment.
EV Charging Station. A parking station with electric vehicle supply equipment for charging electric vehicles that is installed in accord with the California Electric Code, Article 625.
Exotic Animal. Any animal that is not commonly domesticated in the United States or is wild by nature.
F. Definitions, “F”.
FAA (Federal Aviation Administration). A federal agency charged with regulating air commerce to pro- motepromote its safety and development, encouraging and developing civil aviation, air traffic control and air navigation, and promoting the development of a national system of airports.
Fair Market value. The real estate market value of an affordable housing unit at the time of initial purchase of that unit without regard to any restrictions on sales price, as substantiated by an appraisal in a form and substance, and by an appraiser, acceptable to the City.
Fairgrounds. An area wherein buildings, structures and land are used for the exhibition of livestock, farm products, and other things and/or for carnival-like entertainment, with eating and drinking spaces, farmers’ markets, and retail sales booths.
Family. One or more persons sharing a dwelling unit in a living arrangement that includes the sharing of living expenses, such as rent or mortgage payments, food costs and utilities; the maintenance of a single lease or rental agreement for all persons sharing the dwelling unit; or other characteristics indicative of a single household.
Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
• Family day care home, large. In accordance with Section 1597.465 of the Health and Safety Code, “large family day care home” means a home A home that regularly provides care, protection and supervision of 9 seven to 14 children, including children under the age of 10 years who reside in the home, in the provider’s own home, . for periods of less than 24 hours, while the parents or guardians are away. The large family daycare home is where the daycare provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned. • Family day care home, small. Means aA home that regularly provides care, protection and supervision of eight or fewer children, including children under the age of 10 years who reside in the home, in the provider’s own home., for periods of less than 24 hours while the parents or guardians are away.
Farm employee. A person employed in agriculture or activities associated with agricultural packing and storage and transportation of agricultural products. The employment may be full-time, full-time seasonal, temporary, or part-time.
Farm employee housing, large. Farm employee housing consisting of more than 36 beds in group quarters used exclusively for farm employees, or more than 12 units or spaces designed for use by a single family or household with one or more farm employees.
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Farm employee housing, small. Farm employee housing consisting of no more than 36 beds in group quarters used exclusively for farm employees, or 12 units or spaces designed for use by a single family or household with one or more farm employees. Farm employee housing includes single-family dwelling units occupied by a farmworker employed full-time and working on-site where the dwelling unit is located and the farmworker’s household.
Farmers’ market. An outdoor market where farmers, ranchers, and other producers sell agricultural products directly to the public or to individuals, organizations, or entities that subsequently sell them directly to the public; it may include secondary sales of hand-made arts and crafts and prepared food and beverages.
Feature, noncontributing. Any property, structure or object which adds to the historical integrity or architectural qualities that make a historic district significant.
Federal Communications Commission (FCC). The federal agency charged with regulating communications, radio and television.
Fence. A structure forming a physical barrier made of wire, wood, metal, masonry, vinyl or other material, including walls; trellises; and barriers of plant material that substantially obstruct visibility, such as hedges. A wall of a building shall not be considered a fence.
Fence, solid. An opaque or substantially opaque fence, such as a cinderblock wall, vinyl fence or a wooden fence with minimal gaps between boards. A chain-link fence with slats shall not be considered a solid fence.
Fire Chief. The Fire Chief of the Chino Valley Independent Fire District, or his or her authorized representative.
Floor area, gross. See “Gross floor area.”
Floor area ratio (FAR). 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 10,000-square foot site has one two-story building, and the gross floor area of each story is 2,500 square feet, the site has a total gross floor area of 5,000 square feet and an FAR of 0.5, as shown in Figure 20.24701-1. See also Chapter 20.103 (Rules of Measurement).
Flow rate. The rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
Flow sensor. An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or sub meter.
Food and beverage sales. A retail establishment in which the majority of the floor area open to the public is occupied by food products or non-alcoholic beverages that are packaged for consumption away from the store. A food and beverage sales establishment may also sell alcoholic beverages, provided that this is not the establishment’s primary business purpose.
Food Preparationpreparation facility. A place where food is prepared to be consumed off premises including catering, ghost kitchens, or test kitchens but excluding “Food and beverage manufacturing.” Food and beverage manufacturing. Establishments engaged in the processing, production, brewing, fermenting, roasting, bottling, packaging, or wholesale manufacture of food or beverage products for distribution or sale,
FIGURE 20.24701-1 EXAMPLE OF FLOOR
AREA RATIO (FAR)
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including, but not limited to, canneries, coffee roasters, production breweries, wholesale bakeries, wineries, distilleries, dairy processing facilities, frozen food manufacturing, and similar uses. This use includes incidental storage, packaging, and distribution activities conducted on-site, but does not include restaurants, retail bakeries, eating and drinking establishments, or small-scale craft production accessory to a retail use.
Food truck commissary. A facility used for the servicing, supply, storage, preparation, and support of mobile food vendors, including the storage of food, beverages, and supplies; cleaning and sanitizing of equipment and utensils; disposal of liquid and solid waste; potable water replenishment; fueling or battery charging where permitted; overnight parking of mobile food vending trucks; and related commissary functions required to support mobile food operations.
Fortunetelling. Means the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including, but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, or other reading, seership, prophecy, augury, astrology, palmistry, life reading, mind reading, fortunetelling by handwriting analysis, spirit photography, spirit writing, spirit materialization, character reading, necromancy, telepathy, card reading, talisman, magnetized article or substance, crystal gazing, or magic of any kind or nature.
Fowl. All birds, domesticated or wild, kept or maintained for any purpose.
Freeway-oriented business. See “Business, freeway-oriented.” Friable. A condition that allows soil to be easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
Front lot line. See “Lot line, front.”
Front setback. See “Setback, front.”
Front yard. See “Yard, front.”
Funeral parlor. See “Mortuary.”
G. Definitions, “G”.
Garage. An enclosed attached or detached accessory structure that is primarily used for the parking or temporary storage of automobiles by the occupants of the primary structure(s). It may include space for storage, workshops, and home occupations.
Garden supply store. An establishment engaged in the wholesale or retail sale of ornamental plants and other nursery products, including sales outside and within a building. Garden supply stores do not include the sale of house plants or other nursery products entirely within a building, which is considered to be general retail.See “Commercial Nursery”
Gas station. “See Service Station.”
General Plan. The City’s statement of goals, and policies, and actions adopted by the City Council as a long- range, comprehensive guide to the City’s growth and development.
General retail. A retail establishment that sells a variety of merchandise and is not otherwise identified in this chapter as a unique retail use, including but not limited to antique stores, bookstores, drugstores, hobby shops, secondhand stores, retail bakeries, hardware stores, appliance and electronics stores and any use of like kind or character.
Golf course. A commercial recreational facility that provides at least nine holes for playing the game of golf and is improved with tees, greens and fairways. A golf course may include accessory uses such as a clubhouse. 1169
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Golf course, miniature. An outdoor theme-oriented recreational facility, typically comprised of nine or 18 putting greens, each with a “cup” or “hole,” where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last.
Good neighbor standards. Objective standards governing site and building locations, landscaping, lighting, parking, and business operations that are intended to minimize adverse impacts on adjacent uses and conflicts between a use and surrounding neighborhoods.
Government facility. Any facility owned and operated by the City, county, State or federal government, regardless of the use. Any use that is listed as an allowed use for a given district may be provided as a government facility, even if the district does not list “government facility” as an allowed use.
GPM. Gallons per minute.
Grade. The average finished ground level at the center of all the exterior walls of a building or structure.
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.
Gross floor area. The area within the inside perimeter of a building’s exterior walls, including corridors, stairways, closets, the thickness of interior walls, columns and other features. The gross floor area shall not include vent shafts, interior courtyards, or any area used for off-street vehicle parking or loading.
Ground cover. Plants, other than turf grass, normally reaching an average maximum height of not more than two feet at maturity.
Ground floor unit. A residential unit located on the ground floor of building, with direct access to the street or indirect access from the main building entrance through a hall or corridor.
Ground–mounted antenna. Any antenna that is attached to a support structure resting on the ground, and that has an overall height not greater than 10 feet above the finished grade at the base of the structure. This definition includes the types of antennas that are sometimes referred to as “post mounts” and “ground builds.”
Group homes. A private residence that provides foster care to children, housing for the mentally or physically handicapped or chemically dependent for people with cognitive or mobility disabilities, or persons with substance use disorders.
Guns and ammunition sales. Any premises or portion thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.
Gym. A fitness center or health club that provides exercise machines, free weights, rooms for classes, group exercises, yoga, or indoor cycling, or a swimming area for use by clients.
H. Definitions, “H”.
Hardscape. Decorative materials used within required landscape areas such as mulch, garden walkways, decorative pavers (pervious or non-pervious), paved patios or courtyards, fountains or statues, boulders, decorative rock (e.g. decomposed granite, pea gravel, river rock), and dry riverbed swale features. Other materials not listed are subject to the approval of the Director of Community Development Services.
Hazardous waste. Any refuse or discarded material that has the potential to cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
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Hazardous waste facility. Any structure, appurtenances and/or improvements on the land, and all contiguous land, used for treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including the following: (1) Hazardous Waste Landfill. A disposal facility or part of a disposal facility where hazardous waste is placed in or on land that is not a land treatment facility, a surface impoundment, or injection treatment well (Title 22, Section 66123, CCR); (2) Land Farming (Land Application, Land Spreading). A treatment technique that involves spreading waste on land and utilizing evaporation and microbial action to degrade wastes. Used primarily for crude oil waste; (3) Off-Site Hazardous Waste Facility.
An operation involving the handling, treatment, storage or disposal of hazardous waste at a site physically separate from the site where the waste was generated; at a site not owned by, or leased to the producer of the waste; or at a site that receives waste from more than one generator; (4) On-Site Hazardous Waste Facility.
An operation involving the handling, treatment, storage or disposal of hazardous waste on land owned by, or leased to the waste producer, at or next to the site of waste generation, and that receives hazardous waste projected only by the generator; (5) Residuals Repository. A hazardous waste facility that only accepts treated hazardous waste, meets all applicable federal and state regulations, and holds a hazardous waste facility permit; (6) Specified Hazardous Waste Facility. An off-site hazardous waste facility that accepts waste from more than one producer of hazardous waste (Section 25199.1(m), HSC). For the purpose of the city’s hazardous waste management plan, a household hazardous waste collection center with a capacity less than fifty drums of waste is not considered a specified hazardous waste facility and is not subject to the requirements specified thereto; (7) Storage Facility. An off-site or on-site hazardous waste facility where hazardous wastes are maintained for a period greater than ninety-six hours (Section 25123.3, HSC); (8) Surface Impoundment. A facility, or part of a facility, which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes containing free liquids, and is not an injection well. Examples of surface impoundments include holding, storage, settling and aeration pits, ponds and la-goons (Title 22, Section 66200, CCR); (9) Transfer Station. Any hazardous waste facility where hazardous wastes are loaded, unloaded, pumped or packaged (Title 22, Section 66122, CCR); (10) Treatment Facility. Any facility at which hazardous waste is subjected to treatment, or where a resource is recovered from a hazardous waste; or (11) Waste Pile. Any non-containerized accumulation of solid, non-flowing hazardous waste used for treatment or storage (Title 22, Section 66160, CCR).
Hazardous waste treatment and disposal facility. All structures, other appurtenances and improvements on the land used for treating, storing, or disposing of hazardous waste, including all operations or storage areas, diked overflow, or emergency spillway areas. A hazardous waste disposal facility may consist of several treatment, storage or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled or processed.
Hedge. A barrier formed by branches, shrubs, or small trees growing close together in a line with interwoven overlapping branches.
Height, building or structure. The height measured in accordance with the requirements of Section
20.10.030103.050 (Measuring Height) of this Title.
Heliport. An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
Henhouse. A small structure located within the coop where chickens sleep (roast) and lay eggs; the equivalent to a dog house.
Historic integrity. The authenticity of a landmark or landmark site’s historic identity, evidenced by the survival of physical characteristics, such as location, design, setting, materials, workmanship and overall character, that 1171
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existed at the time of the construction or events that make the landmark or landmark site historically significant.
Hookah lounge/bar. An establishment where patrons communally smoke flavored tobacco.
Hospital. A medical facility engaged primarily in the provision of diagnostic services and extensive medical treatment, including surgical services and inpatient beds.
Hotel. A facility containing seven or more guestrooms that provides paid lodging on a short-term basis. The term “hotel” may be used interchangeably with the term “motel.” Household hazardous waste collection center. A collection center operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste.
Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, temporary household hazardous waste collection facilities, recycle-only household hazardous waste collection facilities, curbside household hazardous waste collection programs, door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, and mobile household hazardous waste collection facility. with a capacity less than 2,750 gallons of hazardous waste, which accepts household hazardous waste from residents, including, but is not limited to, paint, waste oil, thinners, sol-vents, and household cleansers. In approving such a use, the final approving authority may impose special operational conditions, requirements or standards, as it deems necessary to ensure the public health, safety and general welfare.
Household, extremely-low-income. “Extremely-low-income household” means persons and families whose income does not exceed the qualifying limits for extremely-low-income families, as established and amended from time to time and published by the State of California.
Household, lower-income. “Lower-income household” means persons and families whose income does not exceed the qualifying limits for lower-income families, as established and amended from time to time and published by the State of California.
Household, moderate-income. “Moderate-income household” means persons and families whose income does not exceed the qualifying limits for moderate-income families, as established and amended from time to time and published by the State of California.
Household, very-low-income. “Very-low-income household” means persons and families whose income does not exceed the qualifying limits for very-low-income families, as established and amended from time to time and published by the State of California.
Hydro zone. A portion of landscaped area having plants with similar water needs and rooting depth. A hydro zone may be irrigated or non-irrigated.
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I. Definitions, “I”.
Incidental use. A use or structure clearly incidental to and customarily found in connection with an established primary use of a site, or of a building located on the same site. The terms “incidental use” and “accessory use” shall be used interchangeably within this Title.
Income (household), very low. A household whose gross income does not exceed 50 percent of the area median income for San Bernardino County, adjusted for family size, as published and periodically updated by the U.S.
Department of Housing and Urban Development and the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
Income (household), low. A household whose gross income does not exceed 80 percent of the area median income for San Bernardino County, adjusted for family size, as published and periodically updated by the U.S.
Department of Housing and Urban Development and the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
Income (household), lower. A household whose gross income falls under the categories of extremely low income, very low-, or low-income as those terms are defined in this glossary.
Income (household), moderate. A household whose gross income does not exceed 120 percent of the area median income for the San Bernardino County, adjusted for family size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
Indoor shooting range. A building, designed and operated for the discharge of firearms at stationary or moving targets for purposes of sport shooting, marksmanship training, firearms instruction, or recreational use, including accessory classrooms, safety briefing rooms, equipment rental, and incidental retail sales of shooting-related supplies. An indoor shooting range does not include outdoor shooting ranges or retail firearms sales.
Infill. Development on a site within the City’s urbanized area that has been previously developed for urban uses or is located adjacent to parcels that are developed with urban uses, can be served by all required utilizes and public services, and a minimum of 75 percent of the surrounding land is developed with urban uses.
Infiltration rate. The rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).
Invasive plant species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by the county agricultural agencies as noxious species. List of invasive plant s are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
IPH. Inches per hour.
Irrigation Audit. An in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission u niformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certificatio n program or other U.S.
Environmental Protection Agency “Watersense” labeled auditing program.
Irrigation efficiency. The measurement of the amount of water beneficially used, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of the Landscaping Chapter is 0.75 for overhead spray devices and 0.81 for drip systems.
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Irrigation survey. An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
Irrigation system. A permanent, artificial watering system designed to transport and distribute water to plants.
Irrigation water use analysis. A review of water use data based on meter readings and billing data.
J. Definitions, “J”.
Junior accessory dwelling unit. A unit that is no more than 500 square feet in size and contained within or attached to a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. This definition shall be interpreted as consistent with the definition for "junior accessory dwelling unit" in Government Code § 65852.22.
Junk. Any worn-out, cast-off or discarded articles or materials that are ready for destruction or have been collected or stored for salvage or conversion to some other use. Any article or material that can be used for its original purpose as readily as when it was new with only reconditioning, and without any other changes or alterations, shall not be considered junk.
Junk yard. The primary or accessory use of a site for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the storage or keeping of junk, including scrap metal or other scrap materials.
K. Definitions, “K”.
Kennel. An establishment licensed to operate a facility providing shelter and care for domestic animals (e.g., cats and dogs), including exercising, feeding, grooming services and incidental medical care, on a commercial basis for a period not to exceed 48 hours, where 5 or more animals are boarded, maintained, kept for hire, or trained.
The term “kennel” includes for-profit establishments, such as a pet boarding service, as well as nonprofit and charitable organizations, such as an animal shelter. The term “kennel” does not include animal sales and services establishments providing limited boarding services, , pet clinics or animal hos pitals or veterinarians, provided that all animals in those facilities are housed indoors.
Kiosk. See “Cart.”
Kitchen. Any room or space used or intended for cooking or preparation of food.
L. Definitions, “L”.
Land use. An activity conducted on a site or in a structure, or the purpose for which a site or structure is designed, arranged, occupied or maintained.
Landmark. Any site, including buildings, structures, furniture, signs, works of art, natural features, trees, permanent landscaping or other objects, that has special historic interest or value, and that has been designated as a landmark as provided in this chapter.
Landmark site. The site on which a landmark is situated, and any abutting land used by and constituting part of the landmark’s premises; or any site designated as a landmark.
Landscape Architect. A person licensed to practice landscape architecture as defined in California Business and Professions Code, Section 5615.
Landscape Area. All planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
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Landscape contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape Documentation Package. The documents required under Section 20.19508.030 (Landscape Documentation Package).
Landscape irrigation audit. A process to perform site inspections, evaluate irrigation systems and develop efficient irrigation schedules.
Landscape material sales. A wholesale or retail establishment that sells unpackaged landscape material such as rocks, gravel and bark. The term “landscape material sales” does not include garden supply stores, which are separately defined.
Landscape project. Total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under 20.19.020.Chapter 20.508 (Landscaping).
Landscape water meter. An inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
Landscaping. Any combination of living plants (such as turf, ground cover, shrubs, vines, hedges or trees) and nonliving landscape material (see Hardscape).
Large family day care home. See “Family day care home, large.” Large format retail sales. Retail establishments with over 35,000 square feet of sales area that sell merchandise and bulk good for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. Retail sales may be combined with other services, such as automatic teller machines (ATMs), optical services, financing services, pharmacies, food services, equipment rental, and small item repairs, which may be provided by subtenants or by the retail establishment itself.
Lateral line. The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
Laundry or dry-cleaning plant. A service establishment that is primarily engaged in high-volume laundry and garment services, including dry-cleaning and garment pressing, linen suppliers, uniform services, diaper services, industrial laundries, and carpet and upholstery cleaners. The term “laundry or dry-cleaning plant” does not include facilities that are considered “personal services,” including coin-operated laundries and dry- cleaning stores where the dry-cleaning does not occur on site.
Level 2 EV charging station. For Level 2, the EV charging station must be capable of supplying 208/240V alternating current at 40 amperes or greater.
Level 3 EV charging station. For Level 3, the EV charging station must be capable of over 400V of direct current for fast charging of 50 to 350 kilowatts.
Library. A public, quasi-public or privately-owned facility that is open to the public for the use, but not sale, of literary, musical, artistic or reference materials. A library may sell used books as an incidental use for fund- raising purposes.
Live/Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Livestock. Larger animals traditionally kept for use on a farm, including but not limited to pigs, sheep, goats, equine and bovine animals such as horses and cows, and ratites such as ostriches and emus.
Living area. The interior habitable area of a dwelling unit, including finished basements and attics but not including garages or accessory structures.
Loading space. A space or berth that is on the same site with a building or contiguous to a group of buildings; that is designed for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials; and that can be accessed from a street or alley. 1175
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Local water purveyor. Any entity, including a public agency, city, county, or private water company that provides retail water service.
Lodge. See “club.”
Lot. A recorded lot or parcel of real property, lawfully created in accordance with all applicable requirements of the Subdivision Map Act and of this Code. Lot types include the following; they are illustrated in Figure
20.701-2.
• Abutting lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
• Corner lot. A lot located at the intersection of two or more streets having an angle of intersection of not more than 120 degrees If the angle of intersection is more than 120 degrees, the lot shall be considered an interior lot.
• Lot, reversed corner. A corner lot, the rear of which abuts the side of another lot, whether across an alley or not.
• Double-frontage lot. A lot that has frontages on two streets that do not intersect, not including alleys, and that has the right of access to both streets.
• Flag lot. A lot that has no frontage on any street except for a narrow access strip, and that has boundaries such that another lot is located between the main portion of the flag lot and the street. • Interior lot. A lot abutting only one street.
• Through lot. A lot having frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot.
FIGURE 20.701-2 LOT AND YARD TYPES
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Lot area. The total area included within the lot lines of a parcel of land.
Lot coverage. The total area of a site covered by buildings, accessory buildings, structures and covered patios.
For structures that have walls, the site coverage is measured based on the perimeter of the exterior wall. For structures with no walls, such as a patio cover, the site coverage is measured based on the dimensions of the overhead canopy.
Lot depth. The horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
Lot line types:
• Front lot line, front. In the case of an interior lot, “front lot line” means a line separating the lot from the street public right-of-way; and in the case of a corner lot, “front lot line” means a line separating the narrowest street frontage of the lot from the right of way. • Rear line, rear. A lot line that is opposite and most distant from the front lot line. If the lot has an irregular or triangular shape, the rear lot line shall be a line within the lot at least 10 feet in length, located parallel to the front lot line and as far as possible from the front lot line • Side lot line. Any lot line other than the front or rear lot line.
Lot width. The distance between the side lot lines, measured at the minimum front yard building setback line, parallel to the street.
Lounge. See “Bar.”
Low‐Head Drainage. Drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.
Low-impact personal services. See “Personal services, low-impact.” Lower-income household. See “Household, lower-income.” Low volume irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
M. Definitions, “M”.
Machine shop. A facility for the production or assembly of metal parts, not including shops that use casting, smelting, drop hammers or punch presses.
Main building. See "Building, main."
Main line. The pressurized pipeline that delivers water from the water source to the valve or outlet.
Manufactured home. In accordance with Section 18007 of the Health and Safety Code, “manufactured home” means a A structure constructed on or after June 15,1976 that is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the home; except that this term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home’’ includes a mobile home, subject to the National Manufacturing Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401 et seq).
Manufacturing and processing, general. Any establishment engaged in any of the following activities within enclosed structures: manufacturing or compounding of raw materials, manufacturing of finished products or parts from predominantly previously prepared materials, fabrication, assembly, processing or distribution. This classification includes operations such as agriculture processing; biomass energy conversion; production 1177
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pparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. • Manufacturing and processing, heavy. The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process. • Manufacturing and processing, light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. These activities exclude “Food and beverage production.”
• Manufacturing and processing, outdoor. Manufacturing facilities, usually classified as heavy industrial uses, which are located outdoors. and may produce negative impacts to adjacent properties.
Marquee. A permanent structure other than a roof that is attached to, supported by and projecting from a building and that provides protection from the elements.
Massage. Any method of pressure on, or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment, or other similar preparations commonly used in this practice.
Massage establishment. Any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, or health treatments involving massage where fifteen percent or more of the floor area is used for such activities carried on in the establishment.
Massage technician. Any person who performs massage in exchange for anything of any value whatsoever, whether or not that person has a valid permit from the city.
Master shut-off valve. An automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
Maximum allowable density. The maximum number of dwelling units per acre as allowed under the General Plan Land Use Designation. Where an Affordable Housing Development is permitted by an overlay in a Land Use Designation that does not provide a residential density allowance, the maximum allowable density shall be calculated in reference to the residential density allowance designated in the Zoning Code for the overlay zone. In non-residential zones, the Maximum Allowed Density shall be the maximum number of dwelling units, without the inclusion of Density Bonus Units or associated incentives, concessions, waivers, and reductions, that can be developed on the site in substantial conformance with General Plan policies, and applicable Development Standards.
Maximum applied water allowance. For design purposes, the upper limit of annual applied water for the established landscaped area. The maximum applied water allowance (MAWA) is based upon the reference evapotranspiration, the evapotranspiration adjustment factor (ETAF) and the size of the landscaped area.
Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo)(0.62)[(ETAF x LA) + ((1-ETAF) x SLA)]. 1178
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Mausoleum. See “Cemetery.”
Maximum Applied Water Allowance (MAWA). For design purposes, the upper limit of annual applied water for the established landscape area as specified in Section 20.507.040.B of this Chapter (Calculation of the Maximum Applied Water Allowance). The maximum applied water allowance is based upon the reference evapotranspiration, the ET adjustment factor, and the size of the landscape area.
Medical clinics and labs. A facility, not including a hospital or medical laboratory, where medical, mental, dental, or other personal health services are provided. All services are provided on an outpatient basis.
Medical laboratory. A facility engaged in the analysis of biological specimens for diagnosis, treatment monitoring, screening, or other health-related purposes, including pathology, blood analysis, imaging-related testing support, and similar activities. The use may include specimen collection incidental to laboratory operations.
Medical marijuana. See “Cannabis.” Marijuana used for medical purposes, where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical conditions for which marijuana is deemed to provide relief as defined in subsection h of the California Health and Safety Code Section 11362 7.S ee Medical marijuana dispensary. See “Cannabis Retailer (Dispensary).” A facility or location where medical marijuana is made available to and or distributed by any of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code Sections 11362 5 and 11362 7 et seq as such sections may be amended from time to time.
Medical and dental oOffice. Offices of individual practitioners, firms, or organizations providing consultation, diagnosis, therapeutic, prevention, or corrective person treatment services by medical services and containing medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical professionals or practitioners of the healing arts with supporting staff as appropriate licensed by the Strate of California. This classification includes medical or dental laboratories incidental to an office use.
Meeting facility. Any facility for public or private meetings, excluding commercial entertainment facilities.
Meeting facilities include community centers, clubs, lodges, houses of worship, auditoriums, union halls and other uses of like kind or character.
Metalwork. Any manufacturing or repair use that involves the production, assembly or dismantling of metal parts, including machine shops, welding shops and sheet metal shops.
Micro-brewery. A State-licensed commercial facility for manufacture, blending, fermentation, processing, and packaging of malt liquor that produces less than 10,000) barrels (310,000 gallons) of beer annually. It may be a stand-alone facility or ancillary to a restaurant, such as a brewpub.
Micro-distillery. A State-licensed facility for the distillation, blending, bottling, and packaging of distilled spirits, including accessory tasting rooms, retail sales of products produced on-site, educational tours, and incidental food service with a maximum production of 25,000 gallons of distilled spirits annually.
Microclimate. The climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
Microgrids. A microgrid is a localized group of energy sources, including renewable energy, that can operate independently or in conjunction with the main electrical grid. Microgrids are typically designed to enhance energy resilience and reliability by providing backup power during outages or disturbances. They can include renewable energy generation (e.g., solar or wind), energy storage (e.g., batteries), and backup generators.
Microgrids can be operated autonomously (islanding) or be connected to the main grid. 1179
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Mined-land reclamation projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mini-storage facility. See “Self-storage facility.”A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for self-service storage of customers’ goods.
Mixed-use development. A development that provides both residential and nonresidential uses. A mixed-use development may include vertical mixed use, with residential units located above nonresidential uses, as well as horizontal mixed use, with residential units located behind nonresidential uses. It also may include a mix of nonresidential uses, such as offices over groundfloor retail space Mobile food vendor. Any food service establishment designed to be readily movable, including but not limited to carts, mobile kitchens, food truck, taco trucks and catering trucks, in which food is heated or otherwise prepared and then sold. See “Mobile Vending Unit.”
Mobile home. In accordance with Section 18008 of the Health and Safety Code, “mobile home” means a A structure, constructed prior to June 15, 1976, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. The term “mobile home” does not include a recreational vehicle, commercial coach or manufactured housing.
Mobile home park. A residential development designed and developed for occupancy by mobile and manufactured homes. Home sites (spaces) within a mobile home park may be rented or leased by park residents, or the park may be owned in common by all residents.
Mobile vending unit. A vehicle (e.g. truck, trailer, or wagon) or structure not permanently fixed to a permanent foundation that may be moved under its own power, moved by hand, towed by a motor vehicle, or carried upon on or in a motor vehicle or trailer. A mobile vending unit does not include news racks or vending machines but does include mobile vending food preparation units and vehicles, such as “taco trucks.” Moderate-impact personal services. See “Personal services, moderate-impact.” Moderate-income household. See “Household, moderate-income.” Mortuary. Any funeral home or parlor where the deceased may be prepared for burial or cremation, funeral services may be conducted and cremation may occur. A mortuary may include funeral merchandise sales as an accessory use.
Motel. See “hotel.”
Motion Picture Production and Distribution Services. Facilities which include indoor, outdoor, or both indoor and outdoor facilities for the production and/or distribution of motion pictures, television, video, music, or other media. Motion picture production and distribution service facilities may include outdoor sets, backlots, indoor workshops and craft shops. Warehouse-type soundstage facilities for the production and use of indoor sets may also be considered motion picture production and distribution services.
Mulch. Any processed organic material such as shredded leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Multiple-family dwelling. See “Dwelling, multiple-family.” Multiple-tenant building. A shopping center, office complex or any other nonresidential development where multiple tenants share a building or complex of buildings.
Mural. A work of graphic art on an exterior building wall that may or may not contain a commercial logo or trademark but does not serve to advertise any business, product, activity, service, interest, or entertainment. A mural is not a sign, subject to Title 16 (Signs).
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Museum. A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
N. Definitions, “N”.
NIER professional. A certified professional electrical engineer, health physicist or other technical expert with an understanding of NIER and its health effects. An NIER professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing RF environmental evaluation reports for a variety of entities.
Natural resource extraction. The extraction, quarrying, and preparing of minerals removed from the earth and the operation or development of oil and gas fields and wells.
Neighborhood equestrian trail. A trail developed for the use of equestrians in rural residential neighborhoods, which may or may not be connected to other equestrian trails.
Net acre. A net acre is 43,560 square feet of land area, exclusive of ultimate rights-of-way for expressways, arterials, and collector streets and land dedicated for public open space, but including land for local public and private streets, alleys, and easements.
New construction. For the purposes of landscaping described in Chapter 20.19507 (Landscaping), a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted.
Nonconforming building. See “Building, nonconforming.” Nonconforming lot. A lot that does not conform to the development standards, including area and width regulations, of the district in which it is located or that does not conform to subdivision regulations.
Nonconforming use. A use that lawfully occupied a building or land at the time the use was established, but that no longer conforms with the use regulations of the district in which it is located.
Noncontributing feature. See “Feature, noncontributing.” Non-ionizing electromagnetic radiation (NIER). Electromagnetic radiation is associated with the extra low frequency, radio, microwave, infrared and visible light portions of the electromagnetic spectrum.
Nonprofit organizations and human services. Facilities other than offices providing a human service directly to the adjacent community, such as food banks, blood banks, employment training, homeless services, etc.
Non-residential landscape. Landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.
Non-traditional financial institutions. Establishments engaged in short-term lending and buy-back activities in which customers take part in one-time or infrequent transactions and do not open long-term accounts.
Typical uses include check cashing services, payday lenders, auto title loans, cash for gold dealers, and similar activities.
Nursery. See “DChild day care center.”
O. Definitions, “O”.
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Objective design standard. A design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.
Occupancy. The use of a structure, or any portion of a structure, by an owner or tenant.
OFA (object free area). A two-dimensional ground area surrounding runways, taxiways and taxi lanes, which is completely clear of objects, excepting those whose location is fixed by function.
Office, professional. An office used by persons, organizations or public agencies who provide business, executive, managerial, administrative, design, or professional services, including but not limited to accountants, architects, dentists, doctors, engineers, lawyers, and real-estate agents. The term “professional office” shall not include any facility that provides intensive medical treatment or overnight lodging for persons, such as a hospital; any facility that provides permanent or temporary boarding of animals, such as a veterinary office or kennel; any use that is considered a “personal service,” as defined in this chapter; or any adult-oriented business.
Open porch. A landing or platform providing a transition from the interior to the exterior of a structure that is covered with a roof and open on two or more sides.
Open space, common. A usable open space that is shared by all of the residents of a residential development.
Open space, private. A usable open space that is available only to the residents of a single dwelling unit.
Open space, usable. An outdoor space that includes landscaping or other features which provide for active or passive recreation, including any ornamental landscaping that is a part of the outdoor space. Parking and loading areas, service areas, driveways, walkways and areas that provide access to dwelling units shall not be counted as usable open space.
Operating pressure. The pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
Operator. Any person or organization that controls the operation and maintenance of a facility.
Outdoor Sports Courts, Private. Any private, outdoor recreational facility on residentially-zoned property, ancillary to the primary dwelling unit, requiring fencing and lighting, and for the sole use of the occupants of the premises and their guests, including but not limited to tennis courts, basketball courts, and soccer fields, but excluding pools and driveways used exclusively for access to a garage.
Outdoor storage. See “Storage, outdoor.”
Outdoor vendor. A person who sells or displays for sale any type of goods or services on private property, but not within a structure constructed on a permanent foundation. Outdoor vendors include persons operating “Mobile vending units” and also selling from carts and wagons. Persons engaged in a business conducted from a structure constructed on a permanent foundation, including kiosks, that involves outdoor display, sale, or storage of the same type of goods sold as part of the primary business activity shall not be considered outdoor vendors.
Overhead sprinkler irrigation systems. Systems that deliver water through the air (e.g., spray heads and rotors).
Overspray. The irrigation water which is delivered beyond the target area.
P. Definitions, “P”.
Paint and auto body repair. Establishments engaging in the repair, alteration, restoration, painting or finishing of automobiles, trucks and other vehicles as a primary use.
Park or playground. A non-commercial public outdoor recreational facility that provides active or passive recreational opportunities.
Parking area, public. An open area, other than a street or alley, that is paved or otherwise surfaced; used for parking and storage of vehicles; and available for public use, whether for free or for compensation, or as an 1182
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accommodation for patrons, customers or clientele of a business, professional office or other commercial enterprise.
Parking garage. Any building or structure, other than a garage on the premises of and used exclusively by a single-family dwelling, that is used for the parking or storage of vehicles, whether for free or for compensation.
Parking lot. Any property used temporarily or permanently for parking or storage of vehicles of any type in exchange for compensation, or as an accommodation for patrons, customers, or clientele of a business, professional office, or other commercial enterprise.
Parking space. A space within a parking lot, parking garage, building or other designated parking area that is designated for the temporary parking or storage of one vehicle or bicycle.
Parkway, landscaped. The landscaped area between a sidewalk right-of-way line and the curb or traffic lane. This area is planted with or without pedestrian egress and may include a sidewalk.
Patio. A paved area adjacent to a building that is intended for people’s recreational use that is not used for vehicle parking and that is separated from parking areas by landscaping or other physical barriers.
Patio, covered. A patio that includes an impermeable roof or canopy.
Pawn shop. A facility that lends money at a specified rate of interest on articles of personal property left as security.
Payday advance. An establishment that is not a bank and provides services such as short-term loans, unsecured loans (signature loans), and auto-title loans intended to cover a borrower's expenses until his or her next payday.
PD Plan. See “Planned development plan.”
Permit, administrative. See “Administrative permit.”
Permit, use. See “Use Conditional use permit.”
Personal services. An establishment other than a professional office that provides services to individuals as a primary use, which tends to create minimal adverse impacts on its surroundings, and that may provide accessory retail sales of products related to the services provided. Typical uses include, but are not limited to beauty and barber shops, shoe repair shops, tailor shops, dry-cleaning services with no on-site dry-cleaning equipment, laundromats, tanning salons, photocopying and photo finishing services, and travel agencies mainly intended for the consumer and other uses of like kind or character. This term does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction, adult-oriented businesses, or massage establishments.
Personal Services, Restricted. An establishment other than a professional office that provides services as a primary use which are typically limited by specific use attributes or appearance, including but not limited to tattoo parlors, body piercing, pawnshops, spas and hot tubs for hourly rental, massage establishments, and adult oriented businesses as defined in Title 5 of the Municipal Code.
Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.
Pharmacy. A professional office where medications are dispensed by licensed pharmacists.
Pistol, skeet, rifle and archery ranges. A facility designed or used for shooting at targets with rifles, pistols, shotguns or bow and arrow.
Places of worship, community scale. A place of worship having a seating capacity of less than one thousand five hundred persons in the sanctuary or main activity/assembly area.
Places of worship, large storefront. A place of worship located in a structure not typically used for such purposes or activities, such as a commercial shopping center, commercial offices, or business park having a seating capacity of one hundred or more persons in the sanctuary or main activity/assembly area. 1183
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Places of worship, regional scale. A place of worship having a seating capacity of one thousand five hundred or more persons in the sanctuary or main activity/assembly area.
Places of worship, small storefront. A place of worship located in a structure not typically used for such purposes or activities, such as a commercial shopping center, commercial offices, or business park having a seating capacity of less than one hundred persons in the sanctuary or main activity/assembly area.
Planned development plan. A Planned Development (PD) plan is the comprehensive plan required for development in a PD Planned Development zoning district.
Plant factor. A factor that when multiplied by referenced evapotranspiration, estimates the amount of water used by plants. For the purposes of this Chapter, the plant factor range for: very low water use plants is 0 to
0.1; low water use plants is 0.1 to 0.3; moderate water use plants is 0.4 to 0.6; and high-water use plants is 0.7 to 1.0. Plant factors cited in Chapter 20.19507 (Landscaping) are derived from the publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
Plant water use factor. See “Plant factor.”
Playground. See “Park or playground.”
Porch. A 1-story structure attached to a building that has no floor space located above it, and with at least one side that is not enclosed by a vertical wall, window or screening material.
Potable Water. Water meant for human consumption that is treated to legal standards for human consumption.
Pot-bellied pig. Pot-bellied pig shall mean a domesticated miniature Vietnamese, Chinese or Asian pot-bellied pig not exceeding 90 pounds in weight and 18 inches in height (measured at the shoulder) and characterized by a swayed back and straight tail.
Poultry, Domestic fowl including chickens, cocks, turkeys, ducks, geese, guinea fowl, and game birds raised or kept for eggs, meat, or hobby use.
Pre-existing. Existing before the effective date of the ordinance updating or amending Title 20 of the Chino Municipal Code.
Pressure Regulator. A device used in sprinkler systems for radius and high-pressure control.
Primary dwelling unit. See “Dwelling unit, primary.”
Primary frontage. The street frontage that provides the main pedestrian access to a site and where the principal building entrance is located. The primary frontage may include driveways or driveways and access to parking may be provided on the side or rear from a secondary frontage.
Primary use. An activity or combination of activities that comprise one of the main purposes for which the land or structures are intended, designed or ordinarily used. A site may have more than one primary use.
Private open space. See “Open space, private.”
Project. Any proposed development for a site.
PSI. Pounds per square inch.
Public parking area. See “Parking area, public.”
Public safety facility. A facility operated by a public agency for the purpose of protecting public safety, including but not limited to fire stations and other fire-fighting facilities, police stations and ambulance dispatch facilities.
Public storage facility. A business comprised of any more than one small, compartmentalized storage structures for individual access, for rental or sale and designed to meet temporary storage needs.
Public view. Structures or activities seen by a person travelling or walking in a public right-of-way or in a public park from eye height.
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Q. Definitions, “Q”.
Qualified Applicant. An applicant who submits a complete application that includes all of the information required by this Title or State law and meets the standards and criteria for approval as set forth in this Title or in State law. This term includes applicants who submit projects for streamlined ministerial approval and meet the minimum requirements set out in State law for such an approval.
Quonset Hut. A lightweight, prefabricated structure clad in corrugated galvanized iron, or other metal, with a semicircular cross section and ribbing supports.
R. Definitions, “R”.
Radio frequency (RF). The measure of the amplitude of the radio wave on which a given signal is transmitted.
Rain sensor. A component which automatically suspends an irrigation event when it rains.
Rain sensing shutoff device. See “Rain sensor.”
Ranch. A lot used primarily for the breeding of horses; raising of livestock; boarding only of horses, mules or ponies directly involved with current breeding or training activities; and ancillary sales and previews of livestock. Permanent housing for ranch employees shall be permitted as an accessory use to the ranch.
Rear lot line. See “Lot line, rear.”
Rear setback. See “Setback, rear.”
Reclaimed water. See “Recycled water.”
Record drawing. A set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
Recording and Podcast Studio. An indoor facility for sound production, editing, post-production and administrative functions relating to motion pictures, podcasts, television, video, sound, computer and other media production. These facilities may include sound stages such as foley stages, recording studios, and other indoor facilities for the production of media in the above or similar formats.
Recreational area. Areas, excluding private single family residential areas, for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
Recreational Facility. Country clubs, riding stables, golf courses and other outdoor recreation areas and indoor recreational facilities or recreation centers, including but not limited to gyms and fitness centers, dance studios, indoor climbing facilities, bounce-ball centers, swimming pools and other facilities for recreation.
Recreational vehicle (RV). A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, truck campers, camping trailers, fifth-wheel trailers, motor homes, converted trucks or buses, boats and boat trailers, off-road vehicles and trailers used in their transport, personal watercraft and trailers used in their transport, and utility trailers.
Recreational vehicle living unit. A fully functional and operable motor home, fifth-wheel trailer, converted bus, or truck camper (camper mounted on a truck), or similar vehicle, designed for human habitation for recreational, emergency, or other occupancy, that contains one or more habitable rooms designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation.
Recycled Water. Treated or recycled wastewater of a quality suitable for non -potable uses, such as landscape irrigation and water features. This water is not intended for human consumption.
Recycling facility. A center for the collection and/or processing of recyclable materials certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986, as amended. A recycling facility does not include storage 1185
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containers or processing activity on the premises of a residential, commercial or industrial use, and used solely for the recycling of material generated by the residential property, business or industry. For the purposes of these provisions, recyclable material shall mean reusable material, including, but not limited to metals, glass, plastic and paper intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.
Recycling facilities, heavy processing. Any processing facility other than a light processing facility. Such a facility shall meet all requirements specified in this table for light processing facilities. In approving such a use, the final approving authority may impose special operational conditions, requirements or standards, as it deems necessary to ensure the public health, safety and general welfare.
Recycling facilities large collection. A center for the acceptance by donation, redemption or purchase, of recyclable materials from the public, that occupies an area of more than five hundred square feet, is not appurtenant to a host use and may use a permanent building. In addition, large collection facilities may have the capacity for aggregating and storing large amounts of material on-site.
Recycling facilities, light processing. A facility used for the collection and processing of recyclable materials that occupies less than forty-five thousand square feet of gross collection, processing and storage area; and has an average of up to two out bound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials, and repairing of reusable materials sufficient to qualify as a certified processing facility. The facility shall not shred, compact or bale ferrous metals, other than food and beverage containers. For the purposes of these provisions, “processing” means the preparation of materials for efficient shipment, or to an end-users specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and/or manufacturing.
Recycling facilities, material recovery facility (MRF). A facility that receives, processes and recycles municipal mixed solid wastes, commercial high-grade wastes (such as corrugated cardboard, newspaper, mixed papers, etc.), construction debris, commingled recyclable materials and green waste, and ships recovered recyclables and residual solid waste to market or disposal destinations. Such facilities typically include (1) Materials handling, sorting, processing and compacting equipment and facilities; (2) Shipping/hauling of sorted materials, either by truck or rail; (3) Administrative functions, such as office, employee and training areas; (4) Weighing of vehicles and collection of fees; and 5) Maintenance of vehicles and equipment.
Recycling facilities, reverse vending machines. An automated mechanical device that accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles and issues a cash refund or a redeemable voucher. A reverse vending machine may sort and process containers mechanically, if the entire process is enclosed within the machine.
Recycling facilities, small collection. A center of not more than 500 square feet in area for the acceptance by donation, redemption or purchase, of recyclable materials from the public, and consisting of one or more of the following: (1) A Mobile Recycling Unit in the form of an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials; (2) A Bulk Reverse Vending Machine, larger than fifty square feet in area and is designed to accept more than one container at a time, paying by weight rather than by individual container; (3) A kiosk- type portable recycling unit which may include small permanent structures; or (4) Unattended containers placed for the donation of recyclable material.
Reference evapotranspiration. A standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year and is an estimate of the evapotranspiration of a 1186
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large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated.
Rehabilitated Rehabilitation Project, Landscape. Any re‐landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 20.50819.020 (Applicability).
Repair service facility. Any facility where electrical, electronic or mechanical equipment is repaired away from the premises of the customer. The term “repair service” does not include vehicle service or repair.
Repair service, small appliances. A repair service that repairs small household items, such as televisions and stereo systems.
Repair service, large equipment. A repair service that repairs large household items, such as refrigerators and air conditioners, or large commercial machinery.
Repair service, vehicle. See “Vehicle service or repair.” Required minimum setback. See “Setback, required minimum.” Research laboratory. A facility for scientific research, including pharmaceutical, chemical and biotechnology research, or the design, development and testing of electrical, electronic, magnetic, optical, computer or telecommunications components.
Residential care facility. Facilities that provide permanent living accommodations and 24-hour primarily non- medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in recovery from alcohol or drug additions, and hospice facilities.In accordance with Section 1502 of the Health and Safety Code, “residential care facility” means any family home, group care facility or similar facility for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.
Residential care facilities, large. Housing that provides seven or more residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living. • Residential care facilities, small. Housing that provides less than seven residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living. • Residential care facilities, senior. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person, where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California.
• Hospice, General. A facility that provides residential living quarters for more than six terminally ill persons.
• Hospice, Limited. A facility that provides residential living quarters for up to six terminally ill persons.
Residential landscape. Landscapes surrounding single or multifamily homes.
Restaurant. Any retail business that sells ready-to-eat food or beverages for on-premise or off-premise consumption.
Retail, general. A commercial enterprise that provides goods and/or services directly to the consumer where such goods are available for immediate purchase and removal from the premises by the purchaser. 1187
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Retail, thrift and secondhand stores. A profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or use goods and merchandise.
Retaining wall. A wall that is designed to resist lateral pressure and prevent the advance of soil or other materials.
Review authority. The City official or City body that is responsible, under the provisions of this chapter, for approving or denying a development review application, permit application or other request for official City approval.
Roof-mounted. Any object or equipment attached to the roof or the top-most level or levels of a building.
RPZ (runway protection zone). A two-dimensional ground area located beyond the runway ends used to enhance the safety of aircraft operations, as shown in the ACLUP prepared for Chino Airport.
Roof pitch. The slope of a roof, expressed as the ratio of the vertical rise to the horizontal run (e.g., 4:12, meaning a four inch rise for each 12 inches of horizontal distance).
Runoff. Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a steep slope.
S. Definitions, “S”.
Safety zone. An area located in the vicinity of an airport in which land use restrictions are established to protect the safety of the public. Safety zone is further de-fined as follows: (1) Safety Zone I, also known as the RPZ; (2) Safety Zone II (Outer Safety Zone), a three-dimensional area extending from the end of each runway, the center of which runs along an imaginary projection of the runway centerline, as shown in the ACLUP prepared for Chino Airport; (3) Safety Zone III (Traffic Pattern/Overflight Zone), an area consisting of the envelope of aircraft flight paths associated with aircraft take-off and landing (traffic pattern area), and the area used by aircraft for maneuvering to enter a pattern for landing (overflight area), as shown in the ACLUP prepared for Chino Airport.
Salvage yard. See “Junk yard.”
San Bernardino County area median income. The median income published by the California Department of Housing and Community Development ("HCD") each year as required by California Code of Regulations, Title 25, Section 6932 and Health and Safety Code Section 50093, as amended.
Satellite antenna. Any device incorporating a reflective surface that is solid, open mesh, or bar-configured to form a shallow dish, cone, horn or cornucopia used to transmit or receive electromagnetic signals. This definition includes antennas that are sometimes called “SES,” “TVRO,” “TVBS” and “DBS.” Satellite dish. See “Satellite antenna.”
School for personal enrichment and fulfillment. A facility offering instruction and/or study oriented toward one’s personal growth, fulfillment and/or enrichment, such as arts and crafts, music, candle making, cooking, culinary arts, dance, fashion/textiles, pottery, quilting, etc. excluding tutoring.
School, private. An academic institution that is not operated under the authority of a public-school board or district. The term “private school” shall include only elementary, middle and high schools, as well as colleges and universities, and shall not include training or tutoring facilities.
School, public. An academic institution that is operated under the authority of a public-school board or district, including a charter school.
Secondary frontage. The street frontage of a lot that is not the primary frontage, usually on a corner or a through-lot.
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Self-storage facility. A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for self-service storage of customers’ goods, including novelties and collectibles.
Service station. Any building, structure, premise or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of services and minor repairs to such vehicles, not including painting, body work or fender work. A gas station may include food and beverage sales, as well as a car wash, as an accessory use.
Setback. The minimum distance by which a building or structure must be separated from a lot line, as shown in Figure 20.24701-73.
FIGURE 20.24701-37 SETBACK
• SetbackFront setback., front. A setback extending across the full width of the site, the depth of which is the distance between the front lot line and the foundation of any structure. The designation of the front setback of a corner lot shall be as described in the definition of the term “Lot line, front”. • SetbackRear setback, rear. A setback extending across the 1full width of the site, the depth of which is the distance between the rear lot line and the foundation of any structure. • Required minimum sSetback, required minimum. The smallest setback from any lot line that is allowed under the provisions of this chapter.
Side setback, side.. A setback between the foundation of any structure and the side lot line, extending from the front setback to the rear setback. The width of the side setback shall be measured horizontally from the nearest point of the side lot line to the nearest part of the foundation of any structure.
• Setback line. A line parallel to a specified lot line that defines a required minimum setback for the foundation of any structure.
Shade tree. A self-supporting woody plant or species normally growing to a mature height of at least 20 feet and a mature spread of at least 15 feet. Clusters of more than one tree may be used when it is demonstrated that the grouping of trees will, at maturity, surpass the 15 feet diameter requirement and that the grouping of trees is suitable for the proposed location.
Shed roof. A single-slope roof surface that slopes in one direction only, with no ridge, typically attached to a taller wall on one side.
Shopping center. A primarily retail-oriented commercial site with at least three separate businesses that share common pedestrian and parking areas.
Short-Term Rental. Rental of any residential building, portion of such building, or group of such buildings in which there are guest rooms or suites, including housekeeping units, for transient guests, where lodging with or without meals is provided for a period of less than a calendar month or less than 31 consecutive days. 1189
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Shrub. A self-supporting woody perennial plant of low to medium height, characterized by multiple stems and branches continuous from the base, usually not more than eight feet in height at maturity.
Side lot line. See “Lot line, side.”
Side setback. See “Setback, side.”
Single-family dwelling. See “Dwelling, single-family.” Site. A parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.
Site area. The total area included within the boundaries of a site.
Slaughter House. A facility for the slaughtering and processing of animals and the refining of their byproducts.
Small family day care home. See “Family day care home, small.” SMART Irrigation Controller. A controller that monitors and uses information about environmental conditions, such as soil moisture, rain, wind, slope, soil type, plant type, etc., to automatically adjust watering schedules for specific hydro zones.
Social services, charitable institutions and services. See “Nonprofit Organizations and Human Services.” Facilities other than offices providing a social service directly to the adjacent community, such as food banks, blood banks, employment training, etc.
Solar reflective index. A measure of a surface’s ability to reflect solar heat combining reflectance and emittance intone number. It is defined so that a standard black is zero and a standard white is one hundred.
Solid fence. See “Fence, solid.”
Soil moisture sensing device (soil moisture sensor). A device that measures the amount of water in soil. The device may also suspend or initiate an irrigation event.
Soil test. A test done by a soil test lab that indicates at minimum soil texture, water holding capacity, pH, and soluble salts.
Soil texture. The classification of soil based on its percentage of sand, silt, and clay.
Soil Type. The classification of soil based on the percentage of its composition of sand, silt, and clay.
Special Conditional Use Permit. A permit to allow a specified land use, building or structure that is not allowed as of right on a given property, subject to the discretion of the City.
Special Landscape Area (SLA). Landscape areas dedicated to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.
Specified anatomical areas. See Title 5 – Business Licenses and Regulations.
Specified sexual activities. See Title 5 – Business Licenses and Regulations.
Sports Club. A club or business establishment designed to host sporting activities, including, but not limited to, football, soccer, basketball, volleyball, hockey, boxing, tennis, airsoft, paintball, etc.
Sports stadium or arena. A large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.
Sprinkler head. A device which delivers water through a nozzle.
Stables, commercial. A structure and/or land use in or on which horses, mules or ponies are sheltered, fed and/or kept for hire.
Stables, private. A detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.
Static water pressure. Water supply pressure when it is not flowing.
Station. An area served by one valve or by a set of valves that operate simultaneously.
Storage area. Any place outside of a structure where various materials are stored.
Storage business. A business that accepts and stores goods from one or more customers but does not provide individual, compartmentalized and controlled access to each customer’s goods. 1190
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Storage container. Any fully-enclosed area other than a structure, such as a cargo container or shipping container, where various materials are stored or could be stored.
Storage, outdoor. The storage of various materials, equipment and/or vehicles outside of a structure, either as an accessory or a primary use.
Storage, public. See “Public storage facility.”
Story. Any one of a building’s floors that has a ceiling at least six feet above its floor and at least six feet above grade.
Street. A thoroughfare, including a road or highway, which provides the principal means of access to abutting property. For the purpose of interpreting this chapter, any throughway except an alley shall be considered a street.
Street line. The boundary line between the street right-of-way and abutting property.
Structural alteration. Any change in the supporting members of a building or structure, including bearing walls, columns, beams or girders, floor joists, ceiling joists or roof rafters.
Structure. That which is built or constructed.
Structure, mounted. Any object or equipment attached to a building, billboard, tank, sign, utility pole, or other structure, but not attached to a dedicated support structure resting on the ground. When referring to wireless communication facilities, this definition includes antennas sometimes referred to as “facade mounts “and “sign mounts.”
Structure, temporary. A structure that is erected for a limited period of time, typically no longer than two years, and that does not permanently alter the character or physical facilities of a property.
Sunset Western Climate Zone System. The Sunset Western Climate Zone System utilizes data from climate zones to determine which plants are best suited for each climate zone.
Supportive Housing. Housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Swap meet. A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are used or intended for use by unrelated individuals to sell, trade, exchange, or swap articles that are either new, homemade, homegrown, old, obsolete, or antique and includes the selling of goods and/or services at retail by businesses or individuals who are generally engaged in retail trade.
Swimming pool. Any pond, wading pool, swimming pool, or similar body of water that is more than one and one-half feet in depth, whether located above or below ground.
Swing joint. An irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
Sub meter. A metering device to measure water applied to the landscape that is installed after the primary utility water meter.
T. Definitions, “T”.
Tattoo, body piercing and body art establishments. An establishment providing tattooing, body piercing, branding, scarification, or similar body art services.
Target unit. A dwelling unit within a housing development that is reserved for very-low-income, lower- income, moderate-income or senior citizen households.
Temporary commercial recreation facility. Any establishment that provides entertainment activities or services on a temporary basis, that may have a fee or admission charge, including miniature golf courses, sports clubs, outdoor inflatable theme parks and obstacle courses, amphitheaters, parking lots and other uses of like kind or character. Facilities operated by a public agency are not included in this definition. 1191
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Temporary structure. See “Structure, temporary.”
Temporary use. A short-term activity that may or may not meet the normal development or use standards of the applicable zoning district, but that occurs for a limited period of time and does not permanently alter the character or physical facilities of a property.
Theaters and auditoriums. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, comedy, improvisational, or other live performances.
Through lot. A lot having frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot.
Thrift, vintage and consignment stores. A profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or used goods and merchandise.
Treated sewage effluent water. See “Recycled water.”
Tower-mounted. Any object or equipment attached to a dedicated support structure resting on the ground whose principal use is to support similar objects or equipment, and that has an overall height greater than 10 feet above finished grade at the base of the structure. When referring to wireless communication facilities, this definition includes antennas that are sometimes referred to as “monopoles,” “lattice towers” and “guyed towers.”
Townhouse. See “Dwelling, single-family, attached.”
Trade and vocational schools. A specialized instructional establishment that provides on-site training of business, commercial and/or trade skills such as accounting, data processing, computer repair, hairdressing and automobile repair.
Trade Service. A business that provides services to residential and non-residential customers for the maintenance and improvement of facilities, including but not limited to plumbing, electrical, extermination, cleanup and restoration, janitorial, landscaping, etc. These businesses often have vehicles and equipment stored at their offices that are deployed to the field when called for service.
Training facility. A private school that primarily provides specialized education or training for a particular profession or trade.
Transfer business. A business whose primary purpose is the movement of goods from one location to another, and which may use storage facilities incidentally tofor that purpose.
Transitional housing. A facility in which occupants live for a specified period of time while they receive assistance and counseling in personal and household income management.
Transportation Terminals. A depot or station that functions as a passenger loading and unloading facility specifically designed for public and private transportation modes, such as buses and trains, but excluding airports and airport operations. Transportation terminals are usually located along major transportation routes and may include ancillary uses, such as passenger ticket booths, long-term parking areas and small retail shops and restaurants. For the purposes of these provisions, transportation terminals also include park and ride, kiss and ride or other similar facilities but exclude “Dry Ports.” Tree. Any self-supporting woody perennial plant which has a trunk diameter of 2-inches or more and which attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches; however, in some cases, may appear to have several stems or trunks.
Truck and Trailer Storage Yard. A site used primarily for the parking or storage of commercial trucks, truck tractors, semitrailers, containers, chassis, or similar freight equipment when not actively engaged in loading, unloading, or dispatch operations.
Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool‐season grasses. Bermuda grass, Kikuyugrass, Seashore Paspalum, St.
Augustine grass, Zoysia grass, and Buffalo grass are warm‐season grasses. 1192
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Tutoring center. A commercial establishment providing academic tutoring, test preparation, or supplemental educational instruction for individuals or small groups, not granting degrees and not operating as a trade or vocational school, a state-licensed private school or a school for personal enrichment or fulfillment.
U. Definitions, “U”.
Understory. Assemblages of natural, low-level, woody herbaceous and ground cover species that exist in the area below the canopy of trees.
Usable rainfall. See “Effective precipitation.”
Usable open space. See “Open space, usable.”
Use. See “Land use.”
Use, accessory. See “Accessory use.”
Use, nonconforming. See “Nonconforming use.”
Use, primary. See “Primary use.”
Use, temporary. See “Temporary use.”
Urban uses. Urban uses include residential, commercial, industrial, governmental, and institutional land uses, including schools, parks, and civic facilities, as defined by the California Public Resources Code Section 21072. This term excludes land used for agricultural or natural open space uses.
Utilities, major. Services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities, stations or substations, large scale energy storage systems, cogeneration facilities, microgrids and distributed energy systems, solar energy systems, community wastewater treatment plants, and similar facilities.
Utilities, minor. Services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, battery energy storage systems, small-scale distributed energy storage systems, small-scale cogeneration facilities for on- site energy production and use, microgrids for industrial and office park development, solar panels, on-site distributed energy systems, and well, water and sewer pump stations.
Utility building or substation. Any facility that is used for production, distribution or processing related to a public utility that involves the use of direct physical connections, such as water, sewage, electricity, natural gas or telecommunications services.
V. Definitions, “V”.
Valve. A device used to control the flow of water in an irrigation system. zVape Lounge. An establishment where patrons can smoke and purchase vapor products and e-cigarettes.
Vegetation, native. Any plant species with a geographic distribution indigenous to all or part of the southern region of the state of California. Plant species that have been introduced by man are not native vegetation.
Vehicle. A device by which any person or property may be propelled, moved or drawn, except a device moved by human power or used exclusively upon stationary rails or tracks.
Vehicle customization service. An establishment engaged in the installation, repair, or replacement of vehicle accessories or appearance modifications, including window tinting, vinyl wraps, paint protection film, graphics application, detailing, and similar services, conducted primarily within an enclosed building.
Vehicle storage condominium facility: A building with individually owned garage or storage condominium units for storage of motor vehicles and related accessory uses. Also known as “car condominiums” or “air space parking facilities.”
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Vehicle depot. A facility that is used primarily for the storage of operative vehicles in a fleet, including associated repair facilities for temporarily inoperative vehicles.
Vehicle sales. An establishment for the retail sales or rental of vehicles. Vehicle sales may include parts sales and vehicle repair, provided that these activities are incidental to the sale of vehicles.
Vehicle service or repair. An establishment that provides any repair, alteration, servicing, restoration or finishing of any vehicle as a primary use, including but not limited to muffler and radiator shops, oil change and quick- lube shops, tire and battery sales and installation, and towing. The term “vehicle service or repair” does not include repair shops that are part of a vehicle sales establishment on the same site.
Vending station. The vehicle, cart or other device used by a mobile food vendor for the preparation and distribution of food.
Very-low-income household. See “Household, very-low-income.” Veterinary Clinics. A professional office where animals receive medical treatment on the premises from a licensed veterinarian, and where all animals are housed indoors. The outdoor housing of animals shall be considered a “kennel” and is not permitted as an accessory use.
Viable. In the judgment of the Director of Community Development, a tree, shrub, or any other type of plant capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
W. Definitions, “W”.
Walk-in clientele. A business providing direct services to patrons or clientele that may or may not require appointments. This classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials.
Warehousing. The provision of facilities used primarily for the storage of commercial goods, including documents. It also may provide for storage of novelties. “Warehousing” does not include mini “Self-storage facilities.”
Water conserving plant species. A plant species identified as having a very low or low plant factor.
Water feature. A design element where open water performs an aesthetic or recreation function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water featu res is included in the high water use hydro zone of the landscape area. Constructed wetlands used for on-site wastewater treatment or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.
Watering window. The time of day irrigation is allowed.
Wholesaling and distribution. The provision of facilities used primarily for selling or distributing goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch or local offices of a company or organization.
Wireless facility. See Chapter 20.22515 (Wireless Telecommunications Facilities On Private Property).
WUCOLS. The “Water Use Classification of Landscape Species” published by the University of California Cooperative Extension, and the Department of Water Resources, 2014. The project was developed by the San Francisco and San Mateo County Office in cooperation with 32 landscape professionals. This project was initiated and funded by DWR. The purpose and intended use is to provide guidance to landscape professionals when selecting plant material, while taking into consideration water needs. It also serves as a guide to assist in developing irrigation schedules for existing landscapes.
X. Definitions, “X”. No specialized terms beginning with “X” are defined.
1194
CHINO ZONING CODE UPDATE
GLOSSARY CHAPTER 20.701
Series 700 – Glossary May 20, 2026
Series 700 – Page 40
Y. Definitions, “Y”.
Yard. See “Setback.”
Yard, Front. The portion of a lot between the front line of the lot and the portion of the front line of the main building which faces the front and is closest to the street and which extends across the entire width of the lot; provided however, that upon vacant property, the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.
Z. Definitions, “Z”.
Zone. See “District.”
Zoning clearance. A verification by the Director of Community Development that a proposed structure or use meets the requirements of this Title.
Zoning map. The official map and its underlying Geographic Information System (GIS) data, adopted by the City of Chino, that serves to delineate the boundaries of each district as defined in this chapter.
Zoological garden. An area, building, or structures which contain wild animals on exhibition for viewing by the public.
1195
ORDINANCE NO. 2026-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, APPROVING ZONE CHANGE (PL25-0108)
AMENDING ORDINANCE NO. 2010-06, WHICH ESTABLISHED
THE ZONING MAP, BY CHANGING THE DESIGNATION OF THE
PROPERTIES IDENTIFIED HEREIN.
WHEREAS, this proposed ordinance is within the scope of the City of Chino 2045 General Plan Update Environmental Impact Report (SCH No. 2024090833), prepared for the Project and certified by the City Council on September 2, 2025, and adoption of the proposed amendments is consistent with the Project described in the EIR and all mitigation measures from the EIR are incorporated as conditions of approval for the Project, no new or substantially more adverse impacts than identified in the EIR would result from adoption of the proposed zoning map amendments for PL25-0108 (Zone Change) with the first reading of this Ordinance (Ordinance No. 2026-009).
WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for PL25-0108 (Zoning Change) in compliance with law, entertained the written and oral report of staff, took public testimony on the Project, and recommended, on a vote o f 6 ayes to 0 nays, that the City Council adopt the amendments to the Zoning Map as outlined in Exhibit “A”.
NOW, THEREFORE, the City Council of the City of Chino does hereby ordain as follows:
Section 1. Ordinance No. 2010-06 is hereby amended to affect a Zone Change on parcels within the City of Chino identified on the map (Exhibit A) and parcels (Exhibit B) (attached). The City Council further authorizes the Development Services Director or his designee to make any non- substantive corrections to the map and list attached as Exhibit A as deemed reasonably necessary consistent with the approval granted herein by the City Council.
Section 2. CEQA Findings. The City of Chino 2045 General Plan (SCH No. 2024090833) was previously prepared for this project pursuant to Sections 15080 through 15097 of the California Environmental Quality Act (CEQA) Guidelines and was certified by the Chino City Council on September 2, 2025. The proposed zone changes do not include any changes to the project, and no new significant impacts were identified. Therefore, they are within the scope of the EIR adopted in connection with the City of Chino 2045 General Plan, which adequately describes the activity for the purposes of CEQA. Additional environmental review is not required.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall n ot affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.
Section 4. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance (Ordinance No. 2026-009) for PL25-0108 (Zone Change) and shall cause the same to be published in a newspaper of general circulation, printed and published within the City in accordance with the provisions of the Government Code.
1196
Ordinance No. 2026-009
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY 2026.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 21st day of July 2026, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Exhibit A-Zoning Map Update
Exhibit B-List of Parcels Receiving Zoning Map Amendments 1197
A¼
Prado
Regional
Park
Ayala Park
RMU
M2
M2
RIVERSIDE COUNTY
SAN BERNARDINO COUNTY
LOS
ANGELES
COUNTY
RIVERSIDE COUN
TY
City of
Pomona
City of
Ontario
California
Institution
for Men
(CIM)
California
Institution
for Women
(CIW)
Chino Airport
SAN
BERN
ARDIN
O COUN
TY
RIVERSIDE COUNTY
East Chino
Specific Plan
The Preserve
Specific Plan
College Park
Specific Plan
Kimball Ave
AzAz
A«
A¼
A«
Aô
Chino Ave
Riverside Dr
Pine Ave
Walnut Ave
Schaefer Ave
Edison Ave
Ramona Ave
East End Ave
Kimball Ave
Central Ave
El Prado Rd
Mountain Ave
Chino Hills Pkwy
Pipeline Ave
East End Ave
Central Ave
Riverside Dr
Schaefer Ave
Ramona Ave
Ramona Ave
Pine Ave
GrandAve
Euclid Ave
Euclid Ave
Phillips Blvd
Francis Ave
Edison Ave
Chino Corona Rd
Yorba Ave
Yorba Ave
Vernon Ave
Benson Ave
Roswell Ave
Monte Vista Ave
Eucalyptus AveEucalyptus Ave
Mountain Ave
Bickmore Ave
Cucamonga Ave
Mccarty Rd
Euclid Ave
Remington Ave
Hellman Ave
Main St
Fern Ave
San Antonio Ave
Fern Ave
Fern Ave
Cypress Ave
Benson Ave
Magnolia Ave
O
aks Ave
C St
D St
Norton Ave
Pipeline Ave
Philadelphia St
Central Ave
Park Pl
B St
C St
Walnut Ave
Monte Vista Ave
Norton Ave
Chino Creek
Chino Creek
Chino Creek
Chino Creek
Chino Creek
BMU
BMU
BP
RMU
M1
CNCNCN
CG
M2
CS
CG
M1
M2
CG M1RMU
M1
M1
CN
Proposed Zoning Change Areas
Zoning Districts
Commercial Districts
CN
CG
CS
Mixed Use Districts
RMU
BMU
Industrial Districts
BP
M1
M2
East Chino Specific Plan
College Park Specific Plan
The Preserve Specific Plan
City of Chino
Sphere of Influence
Data Source: City of Chino GIS, 2025; San Bernardino County GIS, 2025; Dyett & Bhatia, 2025. 0 1 2½
Miles 1198
Attachment B List of Parcels to be Rezoned
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1014-381-01-0000 11791 CENTRAL AVE CG RMU
1014-393-01-0000 11885 CENTRAL AVE CG RMU
1014-393-02-0000 CENTRAL AVE CG RMU
1014-591-16-0000 5536 PHILADELPHIA ST CR RMU
1014-591-17-0000 5526 PHILADELPHIA ST CR RMU
1014-591-19-0000 5562 PHILADELPHIA ST CG RMU
1014-591-20-0000 5562 PHILADELPHIA ST STE 102 CG RMU
1014-591-21-0000 5562 PHILADELPHIA ST STE 100 CG RMU
1014-591-22-0000 5562 PHILADELPHIA ST STE 110 CG RMU
1014-591-23-0000 5562 PHILADELPHIA ST STE 111 CG RMU
1014-591-24-0000 5562 PHILADELPHIA ST STE 112 CG RMU
1014-591-25-0000 5562 PHILADELPHIA ST STE 101 CG RMU
1014-591-26-0000 5562 PHILADELPHIA ST STE 103 CG RMU
1014-591-27-0000 5562 PHILADELPHIA ST STE 206 CG RMU
1014-591-28-0000 5562 PHILADELPHIA ST STE 202 CG RMU
1014-591-29-0000 5562 PHILADELPHIA ST STE 200 CG RMU
1014-591-30-0000 5562 PHILADELPHIA ST STE 210 CG RMU
1014-591-31-0000 5562 PHILADELPHIA ST CG RMU
1014-591-32-0000 5562 PHILADELPHIA ST STE 216 CG RMU
1014-591-33-0000 5562 PHILADELPHIA ST STE 213 CG RMU
1014-591-34-0000 5562 PHILADELPHIA ST STE 211 CG RMU
1014-591-35-0000 5562 PHILADELPHIA ST STE 201 CG RMU
1014-591-36-0000 5562 PHILADELPHIA ST STE 203 CG RMU
1014-591-37-0000 5562 PHILADELPHIA ST STE 306 CG RMU
1014-591-38-0000 5562 PHILADELPHIA ST STE 302 CG RMU
1014-591-39-0000 5562 PHILADELPHIA ST STE 300 CG RMU
1014-591-40-0000 5562 PHILADELPHIA ST STE 310 CG RMU
1014-591-41-0000 5562 PHILADELPHIA ST STE 312 CG RMU
1014-591-42-0000 5562 PHILADELPHIA ST STE 316 CG RMU
1014-591-43-0000 5562 PHILADELPHIA ST STE 313 CG RMU
1014-591-44-0000 5562 PHILADELPHIA ST STE 311 CG RMU
1014-591-45-0000 5562 PHILADELPHIA ST STE 301 CG RMU
1014-591-46-0000 5562 PHILADELPHIA ST STE 303 CG RMU
1014-591-47-0000 5562 PHILADELPHIA ST CG RMU
1014-591-50-0000 5592 PHILADELPHIA ST CG RMU
1014-591-53-0000 5578 PHILADELPHIA ST CG RMU
1014-592-01-0000 5624 PHILADELPHIA ST STE 101 CG RMU
1014-592-02-0000 5624 PHILADELPHIA ST STE 102 CG RMU
1014-592-03-0000 5624 PHILADELPHIA ST STE 103 CG RMU
1014-592-04-0000 5624 PHILADELPHIA ST STE 104 CG RMU
1014-592-05-0000 5624 PHILADELPHIA ST STE 105 CG RMU
1014-592-06-0000 5624 PHILADELPHIA ST STE 106 CG RMU
1014-592-07-0000 5624 PHILADELPHIA ST STE 107 CG RMU
1014-592-08-0000 5624 PHILADELPHIA ST STE 108 CG RMU
1014-592-09-0000 5624 PHILADELPHIA ST CG RMU
1014-592-10-0000 5624 PHILADELPHIA ST CG RMU
1014-592-11-0000 5624 PHILADELPHIA ST CG RMU
1199
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1014-592-12-0000 5624 PHILADELPHIA ST CG RMU
1014-592-13-0000 5624 PHILADELPHIA ST CG RMU
1014-592-14-0000 5624 PHILADELPHIA ST CG RMU
1014-592-15-0000 5624 PHILADELPHIA ST CG RMU
1014-592-16-0000 5624 PHILADELPHIA ST STE 206 CG RMU
1014-592-17-0000 5624 PHILADELPHIA ST STE 207 CG RMU
1014-592-18-0000 5624 PHILADELPHIA ST STE 208 CG RMU
1014-592-19-0000 5624 PHILADELPHIA ST STE 209 CG RMU
1014-592-20-0000 5624 PHILADELPHIA ST STE 210 CG RMU
1014-592-21-0000 5624 PHILADELPHIA ST STE 301 CG RMU
1014-592-22-0000 5624 PHILADELPHIA ST CG RMU
1014-592-23-0000 5624 PHILADELPHIA ST CG RMU
1014-592-24-0000 5624 PHILADELPHIA ST CG RMU
1014-592-25-0000 5624 PHILADELPHIA ST STE 305 CG RMU
1014-592-26-0000 5624 PHILADELPHIA ST CG RMU
1014-592-27-0000 5624 PHILADELPHIA ST STE 307 CG RMU
1014-592-28-0000 5624 PHILADELPHIA ST CG RMU
1014-592-29-0000 5624 PHILADELPHIA ST CG RMU
1014-592-30-0000 5624 PHILADELPHIA ST STE 310 CG RMU
1014-592-31-0000 5624 PHILADELPHIA ST CG RMU
1014-592-32-0000 5632 PHILADELPHIA ST CG RMU
1014-592-33-0000 5632 PHILADELPHIA ST STE 102 CG RMU
1014-592-34-0000 5632 PHILADELPHIA ST CG RMU
1014-592-35-0000 5632 PHILADELPHIA ST CG RMU
1014-592-36-0000 5632 PHILADELPHIA ST STE 105 CG RMU
1014-592-37-0000 5632 PHILADELPHIA ST STE 106 CG RMU
1014-592-38-0000 5632 PHILADELPHIA ST CG RMU
1014-592-39-0000 5632 PHILADELPHIA ST CG RMU
1014-592-40-0000 5632 PHILADELPHIA ST CG RMU
1014-592-41-0000 5632 PHILADELPHIA ST STE 202 CG RMU
1014-592-42-0000 5632 PHILADELPHIA ST STE 203 CG RMU
1014-592-43-0000 5632 PHILADELPHIA ST STE 204 CG RMU
1014-592-44-0000 5632 PHILADELPHIA ST STE 205 CG RMU
1014-592-45-0000 5632 PHILADELPHIA ST STE 206A CG RMU
1014-592-46-0000 5632 PHILADELPHIA ST STE 206B CG RMU
1014-592-47-0000 5632 PHILADELPHIA ST STE 207 CG RMU
1014-592-48-0000 5632 PHILADELPHIA ST STE 301 CG RMU
1014-592-49-0000 5632 PHILADELPHIA ST STE 302 CG RMU
1014-592-50-0000 5632 PHILADELPHIA ST STE 303 CG RMU
1014-592-51-0000 5632 PHILADELPHIA ST STE 304 CG RMU
1014-592-52-0000 5632 PHILADELPHIA ST STE 305 CG RMU
1014-592-53-0000 5632 PHILADELPHIA ST STE 306 CG RMU
1014-592-54-0000 5632 PHILADELPHIA ST STE 307 CG RMU
1014-592-55-0000 5632 PHILADELPHIA ST STE 308 CG RMU
1014-592-56-0000 PHILADELPHIA ST CG RMU
1014-601-09-0000 12013 CENTRAL AVE CR RMU
1014-601-10-0000 12043 CENTRAL AVE CR RMU
1014-601-11-0000 12059 CENTRAL AVE CR RMU
1014-601-12-0000 12071 CENTRAL AVE CR RMU
1200
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1014-601-13-0000 12089 CENTRAL AVE CR RMU
1014-601-14-0000 12077 CENTRAL AVE CR RMU
1014-601-15-0000 12029 CENTRAL AVE CR RMU
1014-601-16-0000 12005 CENTRAL AVE CR RMU
1014-601-19-0000 5402 PHILADELPHIA ST CR RMU
1014-601-20-0000 5440 PHILADELPHIA ST CR RMU
1014-611-72-0000 11995 CENTRAL AVE CR RMU
1014-611-73-0000 11971 CENTRAL AVE CR RMU
1014-611-74-0000 11911 CENTRAL AVE CR RMU
1014-611-75-0000 11901 CENTRAL AVE CR RMU
1014-611-78-0000 11979 CENTRAL AVE CR RMU
1014-611-79-0000 11925 CENTRAL AVE CR RMU
1014-611-80-0000 11975 CENTRAL AVE CR RMU
1014-621-50-0000 11980 CENTRAL AVE CG RMU
1014-621-51-0000 CENTRAL AVE CG RMU
1014-631-14-0000 12080 CENTRAL AVE CG RMU
1014-631-17-0000 12018 CENTRAL AVE CG RMU
1014-631-18-0000 5250 PHILADELPHIA ST CG RMU
1014-651-01-0000 11817 CENTRAL AVE CG RMU
1014-651-04-0000 11819 CENTRAL AVE APT 401 CG RMU
1014-651-05-0000 11819 CENTRAL AVE APT 402 CG RMU
1014-651-06-0000 11819 CENTRAL AVE APT 403 CG RMU
1014-651-07-0000 11819 CENTRAL AVE APT 404 CG RMU
1014-651-08-0000 11819 CENTRAL AVE APT 405 CG RMU
1014-651-09-0000 11819 CENTRAL AVE APT 406 CG RMU
1014-651-10-0000 11819 CENTRAL AVE APT 407 CG RMU
1014-651-11-0000 11819 CENTRAL AVE APT 408 CG RMU
1014-651-12-0000 11819 CENTRAL AVE APT 409 CG RMU
1014-651-13-0000 11819 CENTRAL AVE APT 410 CG RMU
1014-651-14-0000 11819 CENTRAL AVE APT 411 CG RMU
1014-651-15-0000 11819 CENTRAL AVE APT 412 CG RMU
1014-651-16-0000 11819 CENTRAL AVE APT 501 CG RMU
1014-651-17-0000 11819 CENTRAL AVE APT 502 CG RMU
1014-651-18-0000 11819 CENTRAL AVE APT 503 CG RMU
1014-651-19-0000 11819 CENTRAL AVE APT 504 CG RMU
1014-651-20-0000 11819 CENTRAL AVE APT 505 CG RMU
1014-651-21-0000 11819 CENTRAL AVE APT 506 CG RMU
1014-651-22-0000 11819 CENTRAL AVE APT 507 CG RMU
1014-651-23-0000 11819 CENTRAL AVE APT 508 CG RMU
1014-651-24-0000 11819 CENTRAL AVE APT 509 CG RMU
1014-651-25-0000 11819 CENTRAL AVE APT 510 CG RMU
1014-651-26-0000 11819 CENTRAL AVE APT 511 CG RMU
1014-651-27-0000 11819 CENTRAL AVE APT 512 CG RMU
1014-651-28-0000 11819 CENTRAL AVE APT 513 CG RMU
1014-651-29-0000 11819 CENTRAL AVE APT 514 CG RMU
1014-651-30-0000 11819 CENTRAL AVE APT 515 CG RMU
1014-651-31-0000 11819 CENTRAL AVE APT 516 CG RMU
1014-651-32-0000 11819 CENTRAL AVE APT 517 CG RMU
1014-651-33-0000 11819 CENTRAL AVE APT 518 CG RMU
1201
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1014-651-34-0000 11819 CENTRAL AVE APT 519 CG RMU
1014-651-35-0000 11819 CENTRAL AVE APT 520 CG RMU
1014-652-01-0000 CENTRAL AVE CG RMU
1014-652-02-0000 11819 CENTRAL AVE CG RMU
1014-652-03-0000 11819 CENTRAL AVE APT 101 CG RMU
1014-652-04-0000 11819 CENTRAL AVE APT 102 CG RMU
1014-652-05-0000 11819 CENTRAL AVE APT 103 CG RMU
1014-652-06-0000 11819 CENTRAL AVE APT 104 CG RMU
1014-652-07-0000 11819 CENTRAL AVE APT 105 CG RMU
1014-652-08-0000 11819 CENTRAL AVE APT 106 CG RMU
1014-652-09-0000 11819 CENTRAL AVE APT 107 CG RMU
1014-652-10-0000 11819 CENTRAL AVE APT 108 CG RMU
1014-652-11-0000 11819 CENTRAL AVE APT 109 CG RMU
1014-652-12-0000 11819 CENTRAL AVE APT 110 CG RMU
1014-652-13-0000 11819 CENTRAL AVE APT 111 CG RMU
1014-652-14-0000 11819 CENTRAL AVE APT 112 CG RMU
1014-652-15-0000 11819 CENTRAL AVE APT 113 CG RMU
1014-652-16-0000 11819 CENTRAL AVE APT 114 CG RMU
1014-652-17-0000 11819 CENTRAL AVE APT 115 CG RMU
1014-652-18-0000 11819 CENTRAL AVE APT 116 CG RMU
1014-652-19-0000 11819 CENTRAL AVE APT 201 CG RMU
1014-652-20-0000 11819 CENTRAL AVE APT 202 CG RMU
1014-652-21-0000 11819 CENTRAL AVE APT 203 CG RMU
1014-652-22-0000 11819 CENTRAL AVE APT 204 CG RMU
1014-652-23-0000 11819 CENTRAL AVE APT 205 CG RMU
1014-652-24-0000 11819 CENTRAL AVE APT 206 CG RMU
1014-652-25-0000 11819 CENTRAL AVE APT 207 CG RMU
1014-652-26-0000 11819 CENTRAL AVE APT 208 CG RMU
1014-652-27-0000 11819 CENTRAL AVE APT 209 CG RMU
1014-652-28-0000 11819 CENTRAL AVE APT 210 CG RMU
1014-652-29-0000 11819 CENTRAL AVE APT 211 CG RMU
1014-652-30-0000 11819 CENTRAL AVE APT 212 CG RMU
1014-652-31-0000 11819 CENTRAL AVE APT 213 CG RMU
1014-652-32-0000 11819 CENTRAL AVE APT 214 CG RMU
1014-652-33-0000 11819 CENTRAL AVE APT 215 CG RMU
1014-652-34-0000 11819 CENTRAL AVE # 216 CG RMU
1014-652-35-0000 11819 CENTRAL AVE APT 301 CG RMU
1014-652-36-0000 11819 CENTRAL AVE APT 302 CG RMU
1014-652-37-0000 11819 CENTRAL AVE APT 303 CG RMU
1014-652-38-0000 11819 CENTRAL AVE APT 304 CG RMU
1014-652-39-0000 11819 CENTRAL AVE APT 305 CG RMU
1014-652-40-0000 11819 CENTRAL AVE APT 306 CG RMU
1014-652-41-0000 11819 CENTRAL AVE APT 307 CG RMU
1014-652-42-0000 11819 CENTRAL AVE APT 308 CG RMU
1014-652-43-0000 11819 CENTRAL AVE APT 309 CG RMU
1014-652-44-0000 11819 CENTRAL AVE APT 310 CG RMU
1014-652-45-0000 11819 CENTRAL AVE APT 601 CG RMU
1014-652-46-0000 11819 CENTRAL AVE APT 602 CG RMU
1014-652-47-0000 11819 CENTRAL AVE APT 603 CG RMU
1202
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1014-652-48-0000 11819 CENTRAL AVE APT 604 CG RMU
1014-652-49-0000 11819 CENTRAL AVE APT 605 CG RMU
1014-652-50-0000 11819 CENTRAL AVE APT 606 CG RMU
1014-652-51-0000 11819 CENTRAL AVE APT 607 CG RMU
1014-652-52-0000 11819 CENTRAL AVE APT 608 CG RMU
1014-652-53-0000 11819 CENTRAL AVE APT 609 CG RMU
1014-652-54-0000 11819 CENTRAL AVE APT 610 CG RMU
1014-652-55-0000 11819 CENTRAL AVE APT 611 CG RMU
1014-652-56-0000 11819 CENTRAL AVE APT 612 CG RMU
1014-652-57-0000 11819 CENTRAL AVE APT 613 CG RMU
1014-652-58-0000 11819 CENTRAL AVE APT 614 CG RMU
1014-652-59-0000 11819 CENTRAL AVE APT 615 CG RMU
1014-652-60-0000 11819 CENTRAL AVE APT 616 CG RMU
1014-652-61-0000 11819 CENTRAL AVE APT 617 CG RMU
1014-652-62-0000 11819 CENTRAL AVE APT 618 CG RMU
1014-652-63-0000 11819 CENTRAL AVE APT 619 CG RMU
1014-652-64-0000 11819 CENTRAL AVE APT 620 CG RMU
1014-652-65-0000 11819 CENTRAL AVE APT 621 CG RMU
1014-652-66-0000 11819 CENTRAL AVE APT 622 CG RMU
1014-652-67-0000 11819 CENTRAL AVE APT 623 CG RMU
1014-652-68-0000 11819 CENTRAL AVE APT 624 CG RMU
1014-652-69-0000 11819 CENTRAL AVE APT 625 CG RMU
1014-652-70-0000 11819 CENTRAL AVE APT 626 CG RMU
1014-652-71-0000 11819 CENTRAL AVE APT 627 CG RMU
1014-652-72-0000 11819 CENTRAL AVE APT 628 CG RMU
1014-652-73-0000 11819 CENTRAL AVE APT 629 CG RMU
1014-652-74-0000 11819 CENTRAL AVE APT 630 CG RMU
1014-652-75-0000 11819 CENTRAL AVE APT 631 CG RMU
1014-652-76-0000 11819 CENTRAL AVE APT 632 CG RMU
1015-041-02-0000 CG RMU
1015-041-06-0000 12206 CENTRAL AVE CG RMU
1015-041-07-0000 12266 CENTRAL AVE CG RMU
1015-041-08-0000 12130 CENTRAL AVE CG RMU
1015-041-09-0000 12160 CENTRAL AVE CG RMU
1015-041-10-0000 12170 CENTRAL AVE CG RMU
1015-041-11-0000 12190 CENTRAL AVE CG RMU
1015-041-12-0000 12180 CENTRAL AVE CG RMU
1015-041-13-0000 12150 CENTRAL AVE CG RMU
1015-041-14-0000 12110 CENTRAL AVE CG RMU
1015-051-04-0000 12193 CENTRAL AVE CR RMU
1015-051-05-0000 12125 CENTRAL AVE CR RMU
1015-051-06-0000 12101 CENTRAL AVE CR RMU
1015-061-02-0000 5451 PHILADELPHIA ST CR RMU
1015-061-06-0000 5455 PHILADELPHIA ST CR RMU
1015-061-07-0000 5459 PHILADELPHIA ST CR RMU
1015-061-08-0000 5463 PHILADELPHIA ST CR RMU
1015-071-06-0000 5517 PHILADELPHIA ST CR RMU
1015-071-07-0000 5509 PHILADELPHIA ST CR RMU
1015-071-08-0000 5501 PHILADELPHIA ST CR RMU
1203
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1015-071-09-0000 5501 PHILADELPHIA ST CR RMU
1015-071-10-0000 CR RMU
1015-081-02-0000 5555 PHILADELPHIA ST CR RMU
1015-081-03-0000 5521 PHILADELPHIA ST CR RMU
1015-271-04-0000 CG BMU
1015-271-05-0000 12345 CENTRAL AVE CG BMU
1015-271-07-0000 12375 CENTRAL AVE CG BMU
1015-271-08-0000 12385 CENTRAL AVE CG BMU
1015-281-12-0000 12425 CENTRAL AVE CG BMU
1015-281-16-0000 WALNUT ST CG BMU
1015-281-17-0000 12479 CENTRAL AVE CG BMU
1015-281-18-0000 12477 CENTRAL AVE CG BMU
1015-281-19-0000 12445 CENTRAL AVE CG BMU
1015-281-20-0000 12417 CENTRAL & WALNUT CG BMU
1015-292-01-0000 12400 CENTRAL AVE CG BMU
1015-292-02-0000 12404 CENTRAL AVE CG BMU
1015-292-03-0000 12474 CENTRAL AVE CG BMU
1015-292-04-0000 12488 CENTRAL AVE CG BMU
1015-292-05-0000 12490 CENTRAL AVE CG BMU
1015-292-06-0000 12454 CENTRAL AVE CG BMU
1015-301-01-0000 12358 CENTRAL AVE CG BMU
1015-301-02-0000 12382 CENTRAL AVE CG BMU
1015-301-16-0000 12356 CENTRAL AVE CG BMU
1015-361-01-0000 12562 CENTRAL AVE CG BMU
1015-361-02-0000 12564 CENTRAL AVE STE C CG BMU
1015-361-03-0000 12566 CENTRAL AVE CG BMU
1015-361-04-0000 12572 CENTRAL AVE CG BMU
1015-361-05-0000 12574 CENTRAL AVE CG BMU
1015-361-06-0000 12574 CENTRAL AVE CG BMU
1015-361-07-0000 12576 CENTRAL AVE CG BMU
1015-361-08-0000 12578 CENTRAL AVE CG BMU
1015-361-09-0000 12582 CENTRAL AVE CG BMU
1015-361-10-0000 12584 CENTRAL AVE CG BMU
1015-361-11-0000 12582 CENTRAL AVE CG BMU
1015-361-12-0000 12588 CENTRAL AVE CG BMU
1015-361-13-0000 12590 CENTRAL AVE CG BMU
1015-361-14-0000 12592 CENTRAL AVE CG BMU
1015-361-15-0000 12596 CENTRAL AVE CG BMU
1015-361-16-0000 12598 CENTRAL AVE STE 102 CG BMU
1015-361-19-0000 12598 CENTRAL AVE # 4 CG BMU
1015-361-20-0000 12598 CENTRAL AVE # B CG BMU
1015-361-21-0000 12598 CENTRAL AVE # C CG BMU
1015-361-23-0000 12598 CENTRAL AVE # E CG BMU
1015-361-24-0000 12598 CENTRAL AVE STE 108 CG BMU
1015-361-25-0000 12598 CENTRAL AVE STE 116 CG BMU
1015-361-26-0000 12598 CENTRAL AVE STE 110 CG BMU
1015-361-27-0000 12598 CENTRAL AVE CG BMU
1015-361-28-0000 12598 CENTRAL AVE # 112ETAL CG BMU
1015-361-29-0000 12600 CENTRAL AVE CG BMU
1204
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1015-361-30-0000 12602 CENTRAL AVE CG BMU
1015-361-31-0000 12604 CENTRAL AVE CG BMU
1015-361-32-0000 12604 CENTRAL AVE CG BMU
1015-361-33-0000 12606 CENTRAL AVE CG BMU
1015-361-34-0000 12608 CENTRAL AVE CG BMU
1015-361-35-0000 12610 CENTRAL AVE CG BMU
1015-361-36-0000 12612 CENTRAL AVE CG BMU
1015-361-37-0000 12616 CENTRAL AVE CG BMU
1015-361-38-0000 12618 CENTRAL AVE CG BMU
1015-361-39-0000 12620 CENTRAL AVE CG BMU
1015-361-40-0000 12626 CENTRAL AVE CG BMU
1015-361-41-0000 12628 CENTRAL AVE CG BMU
1015-361-42-0000 12639 CENTRAL AVE CG BMU
1015-361-43-0000 12632 CENTRAL AVE CG BMU
1015-361-44-0000 12634 CENTRAL AVE CG BMU
1015-361-45-0000 12598 CENTRAL AVE CG BMU
1015-361-46-0000 12598 CENTRAL AVE CG BMU
1015-361-47-0000 12598 CENTRAL AVE # STE100 CG BMU
1015-371-01-0000 12512 CENTRAL AVE CG BMU
1015-371-02-0000 12516 CENTRAL AVE CG BMU
1015-371-03-0000 12526 CENTRAL AVE CG BMU
1015-371-04-0000 12510 CENTRAL AVE CG BMU
1015-371-05-0000 12550 CENTRAL AVE CG BMU
1015-371-06-0000 12552 CENTRAL AVE CG BMU
1015-381-03-0000 12511 CENTRAL AVE CG BMU
1015-381-04-0000 5375 WALNUT AVE P BMU
1015-381-11-0000 5365 WALNUT AVE CG BMU
1015-381-12-0000 12545 CENTRAL AVE CG BMU
1015-381-13-0000 12555 CENTRAL AVE CG BMU
1015-381-15-0000 5385 WALNUT AVE CO BMU
1015-381-18-0000 12568 10TH ST CO BMU
1015-381-19-0000 12540 10TH ST CO BMU
1015-381-20-0000 12585 CENTRAL AVE CG BMU
1015-381-21-0000 5370 JEFFERSON AVE CG BMU
1015-511-27-0000 6210 RIVERSIDE DR CO/RD4.5 CN/RD4.5
1015-553-01-0000 5832 RIVERSIDE DR CG BMU
1015-563-01-0000 5766 RIVERSIDE DR CG BMU
1015-563-02-0000 5760 RIVERSIDE DR CG BMU
1015-563-03-0000 5740 RIVERSIDE DR CG BMU
1015-563-04-0000 5720 RIVERSIDE DR CG BMU
1015-563-05-0000 5702 RIVERSIDE DR CG BMU
1015-572-03-0000 5562 RIVERSIDE DR CG BMU
1015-572-04-0000 5552 RIVERSIDE DR CG BMU
1015-572-05-0000 5544 RIVERSIDE DR CG BMU
1015-572-12-0000 5584 RIVERSIDE DR CG BMU
1015-573-01-0000 5526 RIVERSIDE DR CG BMU
1015-573-02-0000 5516 RIVERSIDE DR CG BMU
1015-573-03-0000 5506 RIVERSIDE DR CG BMU
1015-573-04-0000 5496 RIVERSIDE DR CG BMU
1205
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1015-573-05-0000 5486 RIVERSIDE DR CG BMU
1015-578-01-0000 5640 RIVERSIDE DR APT 109 RD20 BMU
1015-578-02-0000 5640 RIVERSIDE DR APT 110 RD20 BMU
1015-578-03-0000 5640 RIVERSIDE DR APT 111 RD20 BMU
1015-578-04-0000 5640 RIVERSIDE DR APT 112 RD20 BMU
1015-578-05-0000 5640 RIVERSIDE DR # UN113 RD20 BMU
1015-578-06-0000 5640 RIVERSIDE DR APT 114 RD20 BMU
1015-578-07-0000 5640 RIVERSIDE DR APT 115 RD20 BMU
1015-578-08-0000 5640 RIVERSIDE DR APT 116 RD20 BMU
1015-578-09-0000 5640 RIVERSIDE DR APT 117 RD20 BMU
1015-578-10-0000 5640 RIVERSIDE DR APT 118 RD20 BMU
1015-578-11-0000 5640 RIVERSIDE DR APT 119 RD20 BMU
1015-578-12-0000 5640 RIVERSIDE DR APT 120 RD20 BMU
1015-578-13-0000 5640 RIVERSIDE DR APT 121 RD20 BMU
1015-578-14-0000 5640 RIVERSIDE DR APT 122 RD20 BMU
1015-578-15-0000 5640 RIVERSIDE DR APT 123 RD20 BMU
1015-578-16-0000 5640 RIVERSIDE DR APT 124 RD20 BMU
1015-578-17-0000 5640 RIVERSIDE DR APT 125 RD20 BMU
1015-578-18-0000 5640 RIVERSIDE DR APT 126 RD20 BMU
1015-578-19-0000 5640 RIVERSIDE DR APT 127 RD20 BMU
1015-578-20-0000 5640 RIVERSIDE DR APT 128 RD20 BMU
1015-578-21-0000 5640 RIVERSIDE DR APT 128 RD20 BMU
1015-578-22-0000 5640 RIVERSIDE DR APT 130 RD20 BMU
1015-578-23-0000 5640 RIVERSIDE DR APT 131 RD20 BMU
1015-578-24-0000 5460 RIVERSIDE DR # 132 RD20 BMU
1015-578-25-0000 12895 13TH ST CG BMU
1015-578-26-0000 5606 RIVERSIDE DR CG BMU
1015-578-27-0000 5650 RIVERSIDE DR CG BMU
1015-578-28-0000 5664 RIVERSIDE DR CG BMU
1015-578-29-0000 5684 RIVERSIDE DR CG BMU
1015-578-30-0000 RD20 BMU
1015-601-02-0000 12611 9TH ST CO CN
1015-601-15-0000 12625 CENTRAL AVE CG BMU
1015-601-18-0000 12615 CENTRAL AVE CG BMU
1015-601-19-0000 12605 CENTRAL AVE CG BMU
1015-605-13-0000 12747 CENTRAL AVE CG BMU
1015-605-14-0000 PARKING LOT CG BMU
1015-606-18-0000 12712 9TH ST CG BMU
1015-606-21-0000 12713 CENTRAL AVE CG BMU
1015-611-11-0000 5464 RIVERSIDE DR CG BMU
1015-611-12-0000 5456 RIVERSIDE DR CG BMU
1015-611-13-0000 5446 RIVERSIDE DR CG BMU
1015-611-14-0000 5436 RIVERSIDE DR CG BMU
1015-611-15-0000 5426 RIVERSIDE DR CG BMU
1015-612-04-0000 RD4.5 BMU
1015-612-05-0000 RD4.5 BMU
1015-612-06-0000 12860 CENTRAL AVE CG BMU
1015-612-07-0000 CG BMU
1015-612-08-0000 RIVERSIDE DR CG BMU
1206
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1015-612-09-0000 5396 RIVERSIDE DR CG BMU
1015-612-10-0000 5390 RIVERSIDE DR CG BMU
1015-612-11-0000 5368 RIVERSIDE DR CG BMU
1015-612-12-0000 12865 9TH ST CG BMU
1015-612-13-0000 12851 9TH ST RD20 BMU
1015-612-14-0000 12843 9TH ST RD20 BMU
1015-612-15-0000 12833 9 ST RD20 BMU
1015-612-16-0000 12825 9TH ST RD20 BMU
1015-612-17-0000 12811 9TH ST RD20 BMU
1015-613-01-0000 12792 9TH ST CG BMU
1015-613-02-0000 12812 9TH ST CG BMU
1015-613-03-0000 9TH ST CG BMU
1015-613-04-0000 9TH ST CG BMU
1015-613-05-0000 12864 9TH ST CG BMU
1015-613-06-0000 9TH ST CG BMU
1015-613-07-0000 5338 RIVERSIDE DR CG BMU
1015-613-08-0000 CENTRAL AVE CG BMU
1015-613-09-0000 12865 CENTRAL AVE CG BMU
1015-613-10-0000 CENTRAL AVE CG BMU
1015-613-11-0000 12845 CENTRAL AVE CG BMU
1015-613-12-0000 CENTRAL AVE CG BMU
1015-613-13-0000 12869 CENTRAL AVE CG BMU
1015-613-19-0000 CENTRAL AVE CG BMU
1015-613-20-0000 12801 CENTRAL AVE CG BMU
1015-621-01-0000 12808 CENTRAL AVE CG BMU
1015-621-02-0000 12808 CENTRAL AVE CG BMU
1015-621-03-0000 12808 CENTRAL AVE CG BMU
1015-621-04-0000 12838 CENTRAL AVE CG BMU
1015-621-05-0000 12848 CENTRAL AVE CG BMU
1015-621-06-0000 12862 CENTRAL AVE CG BMU
1015-621-09-0000 5258 RIVERSIDE DR CG BMU
1015-621-10-0000 5246 RIVERSIDE DR CG BMU
1015-621-11-0000 12845 7TH ST CG BMU
1015-621-12-0000 12841 7TH ST CG BMU
1015-621-13-0000 12837 7TH ST CG BMU
1015-621-14-0000 12808 CENTRAL AVE CG BMU
1015-621-15-0000 7TH ST CG BMU
1015-621-16-0000 12803 7TH ST CG BMU
1015-621-17-0000 12886 CENTRAL AVE CG BMU
1015-622-04-0000 RIVERSIDE & WALNUT CO CN
1015-622-05-0000 5220 RIVERSIDE DR CO CN
1015-622-07-0000 5112 RIVERSIDE DR CO CN
1015-622-08-0000 CO CN
1015-622-21-0000 CO CN
1015-631-10-0000 12732 CENTRAL AVE OS-1 BMU
1015-631-11-0000 12740 CENTRAL AVE CG BMU
1015-631-12-0000 12748 CENTRAL AVE CG BMU
1015-631-13-0000 12754 CENTRAL AVE CG BMU
1015-631-14-0000 12762 CENTRAL AVE CG BMU
1207
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1015-631-15-0000 12770 CENTRAL AVE CG BMU
1015-631-16-0000 12778 CENTRAL AVE CG BMU
1015-631-17-0000 CG BMU
1015-631-18-0000 12794 CENTRAL AVE CG BMU
1015-632-01-0000 12716 CENTRAL AVE CG BMU
1015-632-02-0000 5282 WASHINGTON AVE CG BMU
1016-443-08-0000 12872 RUSSELL AVE CO CN
1016-443-09-0000 12882 RUSSELL AVE CO CN
1016-443-10-0000 4790 RIVERSIDE DR CO CN
1016-443-11-0000 CO BMU
1016-443-15-0000 4774 RIVERSIDE DR CG BMU
1016-443-16-0000 4726 RIVERSIDE DR CG BMU
1016-443-17-0000 4750 RIVERSIDE DR CG BMU
1016-443-18-0000 4702 RIVERSIDE DR CG BMU
1016-451-18-0000 12872 YORBA AVE CG BMU
1016-451-19-0000 4684 RIVERSIDE DR CG BMU
1016-451-20-0000 4670 RIVERSIDE DR CG BMU
1016-451-21-0000 4662 RIVERSIDE DR CG BMU
1016-451-22-0000 4648 RIVERSIDE DR CG BMU
1016-451-44-0000 4616 RIVERSIDE DR CG BMU
1016-461-19-0000 4576 RIVERSIDE DR CG BMU
1016-461-23-0000 4530 RIVERSIDE DR CG BMU
1016-461-24-0000 4508 RIVERSIDE DR CG BMU
1016-461-25-0000 12875 RAMONA AVE CG BMU
1016-461-41-0000 4590 RIVERSIDE DR CG BMU
1016-461-43-0000 4552 RIVERSIDE DR CG BMU
1019-132-09-0000 4603 RIVERSIDE DR CG BMU
1019-132-10-0000 4625 RIVERSIDE DR CG BMU
1019-132-26-0000 4653 RIVERSIDE DR CG BMU
1019-132-27-0000 4673 RIVERSIDE DR CG BMU
1019-141-08-0000 4511 RIVERSIDE DR CG BMU
1019-141-11-0000 4559 RIVERSIDE DR CG BMU
1019-141-15-0000 4547 RIVERSIDE DR CG BMU
1019-141-16-0000 4535 RIVERSIDE DR CG BMU
1019-141-18-0000 12957 RAMONA AVE RD12 BMU
1019-162-62-0000 4721 RIVERSIDE DR CG BMU
1020-041-12-0000 12910 CENTRAL AVE CG BMU
1020-041-13-0000 12924 CENTRAL AVE CG BMU
1020-041-14-0000 12930 CENTRAL AVE CG BMU
1020-041-15-0000 12940 CENTRAL AVE CG BMU
1020-043-07-0000 12931 CENTRAL AVE CG BMU
1020-043-08-0000 12931 CENTRAL AVE CG BMU
1020-043-09-0000 12915 CENTRAL AVE CG BMU
1020-043-10-0000 12913 CENTRAL AVE CG BMU
1020-043-13-0000 12924 9TH ST RD20 BMU
1020-043-19-0000 5343 RIVERSIDE DR CG BMU
1020-051-09-0000 5343 RIVERSIDE DR CG BMU
1020-051-10-0000 12909 9TH ST CG BMU
1020-051-11-0000 5385 RIVERSIDE DR CG BMU
1208
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1020-051-12-0000 5389 RIVERSIDE DR CG BMU
1020-051-13-0000 5405 RIVERSIDE DR CG BMU
1020-051-14-0000 12922 10TH ST CG BMU
1020-053-23-0000 5455 RIVERSIDE DR CG BMU
1020-053-24-0000 RIVERSIDE DR CG BMU
1020-061-07-0000 12923 11TH ST CG BMU
1020-061-08-0000 12915 11TH ST CG BMU
1020-061-09-0000 5499 RIVERSIDE DR CG BMU
1020-061-10-0000 5509 RIVERSIDE DR CG BMU
1020-061-11-0000 5511 RIVERSIDE DR CG BMU
1020-061-12-0000 12924 12TH ST CG BMU
1020-061-13-0000 12940 12TH ST CG BMU
1020-063-07-0000 12939 12TH ST CG BMU
1020-063-08-0000 12931 12TH ST CG BMU
1020-063-09-0000 12923 12TH ST CG BMU
1020-063-10-0000 5541 RIVERSIDE DR CG BMU
1020-063-11-0000 5553 RIVERSIDE DR CG BMU
1020-063-15-0000 CG BMU
1020-063-16-0000 12940 13TH ST CG BMU
1020-063-23-0000 5585 RIVERSIDE DR CG BMU
1020-071-08-0000 12939 13TH ST CG BMU
1020-071-09-0000 12931 13TH ST CG BMU
1020-071-10-0000 12923 13TH ST CG BMU
1020-071-11-0000 5599 RIVERSIDE DR CG BMU
1020-071-12-0000 RIVERSIDE DR CG BMU
1020-071-13-0000 RIVERSIDE DR CG BMU
1020-071-14-0000 12924 14TH ST CG BMU
1020-071-15-0000 14TH ST CG BMU
1020-071-16-0000 12940 14TH ST CG BMU
1020-073-07-0000 12943 14TH ST CG BMU
1020-073-08-0000 CG BMU
1020-073-09-0000 12923 14TH ST CG BMU
1020-073-10-0000 14TH ST CG BMU
1020-073-11-0000 5663 RIVERSIDE DR CG BMU
1020-073-23-0000 5677 RIVERSIDE DR CG BMU
1020-082-52-0000 5715 RIVERSIDE DR CG BMU
1020-082-53-0000 5725 RIVERSIDE DR CG BMU
1021-621-01-0000 14525 MONTE VISTA AVE GI M2
1021-621-02-0000 14525 MONTE VISTA AVE GI M2
1021-621-03-0000 5045 EUCALYPTUS AVE GI M2
1021-621-04-0000 5151 EUCALYPTUS AVE GI M2
1021-621-05-0000 GI M2
1021-621-06-0000 GI M2
1021-631-01-0000 5116 CHINO HILLS PKWY GI M2
1021-631-02-0000 5026 CHINO HILLS PKWY GI M2
1021-631-03-0000 14725 MONTE VISTA AVE GI M2
1021-631-04-0000 14725 MONTE VISTA AVE GI M2
1021-631-05-0000 14725 MONTE VISTA AVE GI M2
1022-031-02-0000 3750 GRAND AVE RC RMU
1209
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1022-082-03-0000 3944 GRAND AVE RC RMU
1022-082-04-0000 3950 GRAND AVE RC RMU
1022-082-07-0000 3880 GRAND AVE RC RMU
1022-082-11-0000 GRAND AVE RC RMU
1022-082-12-0000 4040 GRAND AVE RC RMU
1022-082-13-0000 4042 PIPELINE AVE RC RMU
1022-082-15-0000 3850 GRAND AVE RC RMU
1022-082-18-0000 3808 GRAND AVE RC RMU
1022-082-19-0000 3800 GRAND AVE RC RMU
1022-082-20-0000 3800 GRAND AVE RC RMU
1022-082-21-0000 GRAND AVE RC RMU
1022-082-22-0000 GRAND AVE RC RMU
1022-082-23-0000 GRAND AVE RC RMU
1022-101-05-0000 13889 PIPELINE AVE LI M1
1022-101-06-0000 13770 NORTON AVE LI M1
1022-101-10-0000 4277 SCHAEFER AVE VLI BP
1022-101-11-0000 13725 PIPELINE AVE LI M1
1022-101-12-0000 LI M1
1022-101-13-0000 4115 SCHAEFER AVE VLI BP
1022-101-14-0000 4175 SCHAEFER AVE VLI BP
1022-101-15-0000 4235 SCHAEFER AVE VLI BP
1022-111-06-0000 4351 SCHAEFER AVE VLI BP
1022-111-07-0000 SCHAEFER AVE VLI BP
1022-111-08-0000 4411 SCHAEFER AVE VLI BP
1022-111-09-0000 13710 RAMONA AVE VLI BP
1022-111-12-0000 13770 RAMONA AVE LI M1
1022-111-13-0000 4331 SCHAEFER AVE VLI BP
1022-111-14-0000 13771 NORTON AVE LI M1
1022-111-15-0000 13760 RAMONA AVE LI M1
1022-121-09-0000 13825 NORTON AVE LI M1
1022-121-10-0000 13875 NORTON AVE LI M1
1022-121-11-0000 13860 RAMONA AVE LI M1
1022-121-12-0000 13790 RAMONA AVE LI M1
1022-221-10-0000 4450 EDISON AVE LI M1
1022-231-03-0000 LI M1
1022-231-04-0000 13950 NORTON AVE LI M1
1022-241-05-0000 14035 PIPELINE AVE LI M1
1022-241-06-0000 13925 PIPELINE AVE LI M1
1022-241-07-0000 4110 EDISON AVE CM CG
1022-251-05-0000 4024 GRAND AVE # AVE RC RMU
1022-251-06-0000 4012 GRAND AVE RC RMU
1022-251-07-0000 4008 GRAND AVE RC RMU
1022-251-08-0000 4004 GRAND AVE RC RMU
1022-251-09-0000 3968 GRAND AVE RC RMU
1022-251-10-0000 3956 GRAND AVE RC RMU
1022-251-11-0000 3962 GRAND AVE RC RMU
1022-251-12-0000 3902 GRAND AVE RC RMU
1022-251-13-0000 3890 GRAND AVE RC RMU
1022-251-14-0000 GRAND AVE RC RMU
1210
Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1022-251-15-0000 4032 GRAND AVE RC RMU
1022-251-16-0000 4028 GRAND AVE RC RMU
1022-261-08-0000 3801 GRAND AVE RM RMU
1022-261-09-0000 3809 GRAND AVE RM RMU
1022-271-16-0000 3825 GRAND AVE RM RMU
1022-271-17-0000 3817 GRAND AVE RM RMU
1022-271-18-0000 3903 GRAND AVE RM RMU
1022-271-19-0000 3911 GRAND AVE RM RMU
1022-271-20-0000 3919 GRAND AVE RM RMU
1022-271-21-0000 3927 GRAND AVE RM RMU
1022-381-04-0000 3943 GRAND AVE RM RMU
1022-391-15-0000 3935 GRAND AVE RM RMU
1022-391-16-0000 4005 GRAND AVE RM RMU
1022-391-17-0000 4013 GRAND AVE RM RMU
1022-391-18-0000 4021 GRAND AVE RM RMU
1022-391-19-0000 4029 GRAND AVE RM RMU
1022-391-20-0000 4045 GRAND AVE RM RMU
1022-391-21-0000 4053 GRAND AVE RM RMU
1022-401-06-0000 3951 GRAND AVE RM RMU
1022-401-07-0000 4061 GRAND AVE RM RMU
1022-411-05-0000 4271 EDISON AVE GI M2
1022-421-09-0000 4107 EDISON AVE RC CG
1022-421-12-0000 14165 PIPELINE AVE CM CS
1022-421-13-0000 14245 PIPELINE AVE CM CS
1022-421-16-0000 14351 PIPELINE AVE CM CS
1022-421-17-0000 14365 PIPELINE AVE CM CS
1022-421-18-0000 14101 PIPELINE AVE LI M1
1022-421-20-0000 14135 PIPELINE AVE RC CG
1022-421-21-0000 14165 PIPELINE AVE RC CG
1022-421-22-0000 14275 PIPELINE AVE CM CS
1022-421-23-0000 14335 PIPELINE AVE CM CS
1022-421-24-0000 14315 PIPELINE AVE LI M1
1022-431-09-0000 4361 EDISON AVE GI M2
1022-441-09-0000 14120 RAMONA AVE GI M2
1022-531-11-0000 4250 EUCALYPTUS AVE GI M2
1022-531-12-0000 4340 EUCALYPTUS AVE GI M2
1022-531-13-0000 4340 EUCALYPTUS AVE GI M2
1022-541-09-0000 14480 RAMONA AVE GI M2
1022-551-03-0000 14485 PIPELINE AVE RC RMU
1022-561-02-0000 4250 EUCALYPTUS AVE GI M2
1022-571-07-0000 4089 GRAND AVE RM RMU
1022-571-08-0000 4085 GRAND AVE RM RMU
1022-571-09-0000 4093 GRAND AVE RM RMU
1022-571-10-0000 3959 GRAND AVE RM RMU
1022-581-04-0000 14452 PIPELINE AVE RM RMU
1025-082-01-0000 C CG
1025-101-10-0000 4201 EUCALYPTUS AVE C CG
1025-111-06-0000 4401 EUCALYPTUS AVE M M1
1025-111-07-0000 4475 EUCALYPTUS AVE M M1
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Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1025-111-08-0000 4451 EUCALYPTUS AVE M M1
1025-121-05-0000 M M1
1025-121-06-0000 14622 RAMONA AVE M M1
1025-132-02-0000 14529 RAMONA AVE C CG
1025-132-04-0000 14549 RAMONA AVE C CG
1025-132-05-0000 14611 RAMONA AVE C CG
1025-132-06-0000 14659 RAMONA AVE C CG
1025-132-07-0000 14705 RAMONA AVE C CG
1025-132-11-0000 14589 RAMONA AVE C CG
1025-132-12-0000 14605 RAMONA AVE C CG
1025-132-13-0000 14671 RAMONA AVE C CG
1025-133-32-0000 14716 YORBA CT M M1
1025-133-33-0000 14710 YORBA CT M M1
1025-133-34-0000 M M1
1025-133-35-0000 14728 YORBA CT M M1
1025-133-36-0000 14722 YORBA CT M M1
1025-133-37-0000 YORBA AVE M M1
1025-133-38-0000 14740 YORBA CT M M1
1025-133-39-0000 14734 YORBA CT M M1
1025-133-40-0000 M M1
1025-133-41-0000 14746 YORBA CT M M1
1025-133-42-0000 14770 YORBA CT M M1
1025-133-43-0000 14752 YORBA CT M M1
1025-133-44-0000 14782 YORBA CT M M1
1025-133-45-0000 14776 YORBA CT M M1
1025-133-46-0000 M M1
1025-133-47-0000 14764 YORBA CT M M1
1025-133-48-0000 14758 YORBA CT M M1
1025-133-49-0000 M M1
1025-133-50-0000 14790 YORBA CT M M1
1025-133-51-0000 14808 YORBA CT M M1
1025-133-52-0000 14802 YORBA CT M M1
1025-133-53-0000 14522 YORBA AVE M M1
1025-133-54-0000 14628 YORBA AVE M M1
1025-151-09-0000 14525 YORBA AVE GI M2
1025-151-10-0000 14575 YORBA AVE GI M2
1025-151-11-0000 BOULDER AVE GI M2
1025-151-12-0000 4775 EUCALYPTUS AVE GI M2
1025-151-13-0000 BOULDER ST GI M2
1025-151-14-0000 14651 YORBA AVE GI M2
1025-151-15-0000 BOULDER ST GI M2
1025-151-16-0000 14701 YORBA AVE GI M2
1025-151-17-0000 GI M2
1025-151-18-0000 CHINO CREEK CHANNEL GI M2
1025-151-19-0000 GI M2
1025-151-21-0000 14510 MONTE VISTA AVE GI M2
1025-151-22-0000 14680 MONTE VISTA AVE GI M2
1025-151-23-0000 14720 MONTE VISTA AVE GI M2
1025-151-24-0000 CHINO CREEK CHANNEL GI M2
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Assessor Parcel Number Civic Address Current Zoning Proposed Zoning 1025-191-07-0000 CHINO HILLS PKWY C CG
1025-201-05-0000 C CG
1025-201-06-0000 RAMONA AVE C CG
1028-202-29-0000 15192 CENTRAL AVE BLDG A CO M1
1028-202-30-0000 15202 CENTRAL AVE STE B CO M1
1028-202-31-0000 15210 CENTRAL AVE BLDG C CO M1
1028-202-32-0000 15220 CENTRAL AVE BLDG D CO M1
1028-202-33-0000 15302 CENTRAL AVE BLDG E CO M1
1028-202-34-0000 15316 CENTRAL AVE BLDG F CO M1
1028-202-35-0000 15322 CENTRAL AVE BLDG G CO M1
1028-202-36-0000 15328 CENTRAL AVE BLDG H CO M1
1028-202-37-0000 15338 CENTRAL AVE BLDG J CO M1
1028-202-38-0000 15348 CENTRAL AVE BLDG K CO M1
1028-202-39-0000 CENTRAL AVE CO M1
1028-202-50-0000 15302 EL PRADO RD CO M1
1028-202-51-0000 15341 CENTRAL AVE CO M1
1028-202-52-0000 15361 CENTRAL AVE CO M1
1028-202-53-0000 15342 EL PRADO RD CO M1
1028-202-54-0000 CO M1
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1 SENT VIA EMAIL
June 15, 2026
Planning Commission
Michael Hitz, Principal Planner
City Clerk
Email: [email protected]; [email protected]; [email protected]
RE: Comment Letter on proposed Chino Truck Routes as included in 2045 General Plan – Item 5
Dear Planning Commission, City Staff, City Clerk
The Sierra Club Los Serranos Group and Freight Communities Action Coalition would like to thank you for the opportunity to comment on the Assembly Bill 98/Senate Bill 415 revisions to Chino Truck Routes as described in the General Plan 2045 update in Map INF-3 and Map INF-4.
We support the removal of the following truck routes that do not meet the intent or plain language requirements of Assembly Bill 98 to minimize exposure of sensitive receptors (people) to truck routes by prioritizing the use of freeways and divided highways for trucks. The following routes are unnecessary to access industrial/commercial/agricultural zones and unnecessarily create truck bypasses from industrial zones through residential neighborhoods.
- Riverside Drive; all
- Central Ave; north of SR-60
- Ramona Ave; north of Schaeffer Ave
- Edison Ave; east of Oaks Ave
- Pine Ave; East of Euclid Ave
- Hellman Ave; south of Kimball Ave
- East End Ave; south of Placentia Ct.
Each of these truck routes is unnecessary and in direct conflict with the plain text of AB 98 and SB 415 as they are predominantly residential areas (i.e., sensitive receptors) and are not the most direct access to industrial zones from freeways and divided highways. We respectfully request that City Staff and the Planning Commission additionally remove the following truck routes, as depicted in Figure 1. Our proposed map allows shortest-line direct access for trucks to all predominanty industrial/agricultural/commercial zones and minimizes exposure to residents by removing the bypasses and unnecessary routes.
A
ttachment C- 6/17/2026 Planning Commission Correspondence Letters 1214
2 Figure 1. Proposed truck routes to remove (dark green dashes), along with existing industrial/agricultural zones (orange) in Chino.
The Sierra Club Los Serrano Group is part of a coalition of community groups in western Riverside County that won a $250,000 grant from the State Air Resources Board to discuss the implementation of truck routes in the municipalities of Western Riverside County and hosted an AB 98 Truck Route summit in Mead Valley on November 7th, 2025 and a follow-up meeting on February 21, 2026. Multiple municipalities sent representatives, including the cities of Perris, Moreno Valley, and Riverside, and the Counties of Riverside and San Bernardino. We discussed truck route planning throughout the region and hope our local expertise can help the City of Chino to better meet the legal standards for truck route planning described in AB 98 and SB 415.
Our coalition supports the establishment of truck routes that narrowly meet the established guidelines of the statewide truck route ordinance. Here’s a plain language summary of the key text.
- Establish truck routes to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors §65098.2.8(a)(1)
- Maximize highways as preferred routes for truck routes. Use major roadways when state or interstate highways are not utilized. §65098.2.8(a)(2)
1215
3 o Use local roads only when strictly necessary to reach existing industrial zones. §65098.2.8(a)(2)(A)
o Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors. §65098.2.8(a)(2)(B)
o Restrict logistics development use to truck route roadways. §65098.2.8(a)(2)(C)(i) o Local roads should be truck routes only if at least half of properties fronting the road within 1,000 feet are commercial, agricultural, or industrial zoning. §65098.2.8(a)(2)(C)(ii)
- The city shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means that the planning agency deems appropriate, consistent with Section 65351. The city shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section. §65098.2.8(f, g)
We believe that our proposed changes are consistent with the intent and plain text of AB 98 and SB 415 and hope that City planning commission and staff takes these proposed changes seriously. Please include us on any future notifications on this project that involve updates to the proposed truck routes. Also, attached please find a flyer with some guidance for community-led truck route planning.
Sincerely,
Mary Ann Ruiz
Sierra Club - Los Serranos Group
Conservation Chair
Email: [email protected]
Franco Pacheco
Freight Communities Action Coalition
Chair
Email: [email protected]
Cc: [email protected]; [email protected]; [email protected]
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Community Guidance on Truck
Route Planning
T r u c k r o u t e p l a n n i n g s h o u l d :
P r i o r i t i z e C o m m u n i t y E n g a g e m e n t : E n g a g e c o m m u n i t y g r o u p s ( n e i g h b o r h o o d a s s o c i a t i o n s , r e s i d e n t s , e n v i r o n m e n t a l g r o u p s , t r i b e s , s c h o o l d i s t r i c t s , a n d o t h e r s t a k e h o l d e r s ) t h r o u g h a l l s t a g e s o f t h e p l a n n i n g a n d i m p l e m e n t a t i o n p r o c e s s .
M a x i m i z e U s e o f H i g h w a y s : P r i o r i t i z e a n d m a x i m i z e t h e u s e o f d e d i c a t e d i n t e r s t a t e a n d s t a t e h i g h w a y i n f r a s t r u c t u r e f o r a l l t r u c k t r a f f i c .
M i n i m i z e I m p a c t s o n S e n s i t i v e R e c e p t o r s : S t r i c t l y a v o i d r o u t e s t h r o u g h r e s i d e n t i a l n e i g h b o r h o o d s , n e a r s c h o o l s , d a y c a r e c e n t e r s , h o s p i t a l s , n u r s i n g h o m e s , p a r k s , p l a y g r o u n d s , a n d e s t a b l i s h e d b i k e r o u t e s .
M i n i m i z e t r u c k r o u t e s w i t h i n c o m m u n i t i e s : O n l y p r o v i d e l o c a l r o u t e s a s n e e d e d t o a c c e s s e s s e n t i a l i n d u s t r i a l z o n e s .
E s t a b l i s h Z e r o - E m i s s i o n Z o n e s : d e s i g n a t e ' G r e e n Z o n e s ' - w h e r e e n t r y i s r e s t r i c t e d e x c l u s i v e l y t o z e r o - e m i s s i o n s c o m m e r c i a l v e h i c l e s T h e s e p r i n c i p l e s w e r e s y n t h e s i z e d a f t e r t h e A B 9 8 T r u c k R o u t e S u m m i t h e l d i n M e a d V a l l e y o n N o v e m b e r 7 , 2 0 2 5 Guiding Principles
More
Information
More
Information
N e g a t i v e I m p a c t s o f T r u c k R o u t e s T r u c k t r a f f i c o n l o c a l s t r e e t s g e n e r a t e s s i g n i f i c a n t i m p a c t s I n c r e a s e s t r a f f i c a c c i d e n t s , s a f e t y h a z a r d s , m a i n t e n a n c e c o s t s , r o a d d e t e r i o r a t i o n , c o n g e s t i o n , p o l l u t i o n , a n d n o i s e .
D i s p r o p o r t i o n a t e l y h a r m s v u l n e r a b l e p o p u l a t i o n s a n d u n d e r m i n e s e f f o r t s t o a c h i e v e h e a l t h y c o m m u n i t i e s .
P r o m o t e s a d d i t i o n a l i n d u s t r i a l d e v e l o p m e n t a l o n g t r u c k r o u t e s , s u c h a s f u e l i n g s t a t i o n s a n d t r u c k t e r m i n a l s C o n f l i c t s w i t h a c t i v e t r a n s p o r t a t i o n m o d e s o f w a l k i n g a n d b i k i n g S l o w s e m e r g e n c y r e s p o n s e t i m e s 1217
Coalition Partners
Overview
On November 7, 2025, the Freight Communities Action Coalition hosted the AB98 Truck Route Summit, gathering attendees from local municipalities, elected officials, local agencies, labor organizations, grassroots and community organizations, and community members.
Over sixty participants engaged in discussions on community principles and truck route details. This Summit is part of a community- led effort to address AB 98 requirements, which require elected officials to engage community members at every stage of the planning process. The previous sections are key takeaways from our time together.
Contact Us
[email protected]
@freightcommunitiesac
https://sites.google.com/ccaej.org/freightcommunitiesac 1218
1 Objections to PL24-0146 (Zoning Ordinance Amendment) and PL25- 0108 (Zone Change) to be Heard before the Planning Commission on June 17, 2026 Opening Statement
A project such as the Eden development should never have been allowed to be approved by our city. The citizens of Chino do not want the loss of our small town atmosphere. We do not want four story buildings in our residential neighborhoods. We do not want the loss of our scenic views. We do not want housing density of over 50 units per acre. We do not want the excess traffic caused by the clustering of high density developments in certain neighborhoods. We do not want the lack of parking on our public str eets and neighborhoods.
On November 19, 2024 during the City Council meeting relating to the motion to adopt the Amendment of the 2021-2029 Housing Element Update and Introduction of Ordinance No 2024-003 (ZOA PL23-0133) a request was made for the council to conduct a call for review. Objections the Housing Element had been made at this meeting concerning the new zoning standards for the overlay districts. Per the meeting minutes, the motion was revised by the city council to include the addition of staff review for revisions to height, density and storage facilities related to the Housing Element for affordable housing sites.
The newly proposed zoning ord inance amendments are not the answer to these problems, rather as it is drafted, it will only make the problems worst. The proposed amendments are just another failed and mismanage d attempt that will further allow developers to control our once proud city.
It is recognized that the state has created unrealistic laws involving affordable housing mandates. There are also recent court cases that have created havoc to the ability of local cities to enforce their zoning standards. As example, the court case “Bankers Hill 150” has allowed unlimited waivers to development standards be given to developers that circumvent our local zoning standards . Another case, “Redondo Beach” have outlawed local standards for mixed use overlays in affordable housing sites.
While the state and courts have created very complex laws and regulations, there are still intelligent solutions that can be used by our city officials t o help protect our neighborhoods. Our city leaders are not doing enough to protect our city and need to rewrite and fix the proposed amendments to this zoning code.
The proposed zoning amendment is nearly 800 pages long, it will not streamline the regulations, are confusing, and still lack clear objective standards that are not subjective in nature and can be interpreted in ways resulting in capricious and arbitrary decisions.
Objection letter from Mr. Robert Nigg
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2 Objections
Objections are being made to the proposed zoning amendments including the modifications to the land use, density, subdividing of property, parking, and development standards (including, but not limited to building heights, setbacks, floor area ratios ) that are not beneficial or wanted by our citizens. The amendments will not protect and promote the comfort, convenience, prosperity and general welfare or our citizens under proposed Section 20.101.020.
Objection are being made to the parking space requirement under Section 20511.040.F. that allow for the Director of Development Services or the Planning Commission to permit reduced parking standards for shared parking. The city is already experienc ing a shortage of on-site parking and this will just amplify the problem. Clarity is also needed on the required parking space for AHO and MUO development that may or not be subject to the standards of Gov. Code 65915(p). Clarity is also need for procedures to restrict on- site parking during certain hours of the day and the issuance of parking permits for residence.
It is also argued that the numerous changes to the current code are vague, unclear, and lack the clarity necessary to streamline the zoning regulations to facilitate economic development in accordance with the general plan. It is argued the lack of clarity is inconsistent with the Gov. Code, including Sections 65860 and 11349.
Objections are also made to the required public notices and appeal rights of decision s made by the Director of Development Services. The proposed amendments result in ambiguous and lack transparency for the reasonable appeal rights under Section 20.602 of the amended Zoning Code. The decisions made by the Director of Development Services should be defined objectively and not allow subjective int erpretations of a n overly complicated zoning code.
Objections are also being made to the changes of current Zoning Code 20.09.090 that are throughout the newly drafted zoning ordinance relat ing to o verlay districts for affordable housing overlay sites for (AHO) districts and the mixed use overlay (MUO) districts. The newly drafted ordinance now defines the former AHO and MOU sites under numerous and various sections of the proposed amendments. There is a lack of clarity if AHO and MUO district are a subset and associated to RMU (Regional Mixed Use); BMU (Business Mixed Use) and EMU (Employment Mixed Use) districts. The proposed amendments and changes are to land -use, zoning, and RHNA site development standards—which should be reviewed by Department of Housing and Community Development (HCD) to ensure the city remains in substantial compliance with state housing law and the city’s housing element per Gov. Code 65585. The city has not demonstrated how such notice to HCD will be completed in accordance with Gov. Code § 65585.
1220
3 These objections as noted above and to be more specifically described below concern adverse conditions to surrounding neighborhoods and potential violations of affordable housing laws, including Gov. Code Sections 65983 and 65915.
Objections are made, but are not limited to the following chapters/sections or tables:.
20.101.020; 20.102.030; 20.103; 20.103.110; 20.201; 20.201; 20.102-030; 20.202.040;
20.202.050; Table 20.202-1; Table 20.202-2; 20.202.040; 20.202.050.E.; Table 20.204-1; Table 20.205-1; 20.205.020; 20.205.040; 20.206; 20.511; Table 20.511-2; 20.511.040;
20.301; 20.305; 20.305.010; 20.306; Table 20.306 -2; Table 20.306-3; Table 20.306-4;
20.306.040; 20.306.050; 20.306.060; 20.501-030; 20.511.040; 20.512.030; Table 20.601- 2; 20.602; 20.602.050; 20.602.090; 20.602.100; 20.602.103; 20.602.160; and Table
20.602-2, 20.603.100
1221
4 Effects of New Commune DTLA LLC v. City of Redondo Beach Unlawful Use of Overlay Sites in Affordable Housing Districts The draft amendment fails to remove from the RHNA obligations when property will be subdivided and acreage will be used only for commercial usage. The results of the Redondo Beach decision would require the acreage dedicated to exclusively commercial usage would need to be removed from the RHNA calculation for the subdivided acreage under Gov. Code § 65583.2.
As example, the Eden development of 9.82 adjusted acres, was clustering all the residential usage on approximately 5 acres, resulting in about 4.82 acres being used for commercial development without any residential development on the subdi vided acres.
With an RHNA obligation of 26 units per acres, the realistic capacity would be on 130 units on the five acres , with the approximate 4. 82 commercial acreage being subject to development standards for commercial usage and not residential standards. The land used for about 4,82 acres in the Eden development was not for residential capacity and does satisfy the realistic capacity as set-forth by the HCD.
Under state law, the developer could use SDBL under Gov Code 65915(f) and build at the base density of 30 units (150 units or 180 units) with a 10% low income inclusion.
However, to build 264 units on 5 acres, with a density of over 52 units per acre would need to include higher percentage calculations for low income housing under the Table § 65915(f). Furthermore, since the additional units would require a density bonus of over 50%, the development would require additional stacking under AB 1287.
Based upon the Redondo case , the city improperly allowed the clustering of residential usage on the 5 acres without reducing the RHNA obligation or requiring higher SDBL low income percentages. While the Bankers Hill 150 decision allows unlimited waivers under Gov. Code§ 65915(b) and (e), these are for development standards and do not reduce the low income inclusion percentage under § 65915(f).
The city should objectively clarify the Redondo Beach decision within the draft zoning ordinance. Wherein the city cannot force the developer to include residence usage on subdivided parcels, it must be made objectively clear that the ac reage dedicated to exclusively commercial usage will be removed from the RHNA obligations capacity. While the city could not stop the developer from subdividing, the reduc tion in RHNA capacity will be counted to the city’s “No Net Loss” calculations. The revised zoning code and ordinance should contain unambiguous language that the overall site RHNA capacity will be reduced under the developer subdividing the property and the higher density per acre would be subject to the provisions of § 65915(f).
The city should also remove from the draft zoning code and ordinance the ability for developers to transfer floor area ratio (FAR) from one site to another under Section 1222
5 20.202.050E., and the development bonuses under Section 202.202.050A. & B. These two types of incentives are deemed to be no more than a devious method to circumvent the lawful requirements of the “Redondo Beach” case.
The above lawful practices would not be subject to the same unlimited waivers as allowed in the Bankers Hill 150 court decision. The Redondo Beach case deals specifically with the Housing Element Law and zoning overlays. The Bankers Hill case deals with the development standards, in which § 65915(f) in not included.
Effects of Bankers Hill 150 v. City of San Diego
Allowing Unlimited Waiver under Gov. Code Sections 65915(b) and (e) It is recognized that the Bankers Hill 150 case has put significant restrictions on a city’s ability to have objective development standards. Developers can claim unlimited waivers to development standards and cities can no longer enforce these objective standards unless it compromises health or safety. It should be noted that the Eden development would not have been able to claim unlimited waivers since only 9% low income units were included in the development. Under Bankers Hill, in order to qualify for unlimited waivers, a developer would need to include 10% low income or 5% very low income units.
In spite of the Bankers Hill 150 ruling , there are still possible strategies a city can use to mitigate the unlimited waivers that developers can claim. The draft zoning code under Section 20.306 .060A., allows for horizontal development and should be revised and removed. The city could ban horizontal subdivisions and also institute a land use of Vertical Mixed-Use (VMU) design framework which allow for ground floor commercial baselines and upper floor residential decks.
The city could also prevent clustering by Site Capacity and Density Transfers regulations.
While there are limits to the city ’s ability, if a city designates a site for housing in its Housing Element, the city can cap the maximum non -residential footprint to ensure the site's overall housing capacity is not compromised and to spread uniformly the residential usage across the site (a modified horizonal mixed use by acreage regulation). Similar to Section 20 .202.050E., the transferring of density within the land use standards in the General Plan could require even distribution of both residential and commercial usage in RHNA sites.
While the above limitations are not flawless, the city could make an attempt to enact such regulations, if even for development s that do not meet the lower income inclusion percentages of Gov. Code § 65915(b) & (e).
The city should at least make a verifiable effort to prevent the clustering of residential units in only a portion of the RHNA sites.
Parking Issues
1223
6 Objections are made to the ability to provide up to 50% or more in reductions in parking spaces as allowed under Section 20.511.040.F. of the draft zoning amendment. Chino is already experi encing shortages in on -street parking and the increase in high density housing developments will only exacerbate the problem.
Wherein Section 20.511.040.F.6., for affordable housing projects discusses Gov. Code § 65915, no such clarity is provided in Section 20.511 .040.F.5., for mixed use projects .
Minimum standards should be established for the mixed use project.
It should be noted that the Eden project only included 9% low income housing and this percentage did not meet the minimum standards of the 10% requirement as provided in § 65915(b) of the Gov. Code. Therefore, it appears the Eden project was not eligible for under state standards for the reduced parking requirements under § 65915(p) . The city was under no state mandate to provide reduced parking for the Eden project. This is a type of error that should be prevented in the revised zoning code.
Based upon the confusion and critical issues with off -street parking for mixed use and affordable housing sites, it is recommended that the Director of Development Service be remove from final approval authority and that only the Planning Commission approve such reduced parking requirements in affordable housing projects. Such reduction and waiver authority should be handled in the same manner as the provision of Section
20.512.030.C. A public notice and hearing before Planning Commission should be conducted for any reduction in parking standards under Section 20.602.050 and Table
20.602-2.
Greater clarity and objective standards are also deemed necessary for parking restrictions and parking permits that are found currently under the Municipal Code, Chapter 10. Many in the city feel with the increase density in housing developments and the limited number of on -street parking spaces may require restricted overnight parking and the need for citizens to obtain parking passes for their local neighborhood. It is recommended that such procedures needed to establish no overnight parking zones and neighborhood parking passes be enhanced in the revised zoning code to coincide with Chapter 10 of the Municipal Code.
1224
7 Complexity and Lack of Clarity in Revised Zoning Code The proposed dra ft is over 500 pages long and does little to streamline the process of housing developments in Chino. There is complexity and confusion between the newly created RMU, BMU and EMU dist ricts compared to the mixed use AHO and MUO overlays, since both the RMU and BMU described in Section 20. 202.020 of the revised zoning plan also have residential units permitted inclusion. The bonus and FAR allowed under Section 20.202.50 are also confusing. Throughout the entire revised zoning code it is difficult to follow and comprehend the regulations. One the common arguments made by developers is the costs of fees and permits to build in Chino. An objection is made to the difficulty in understanding the revised zoning code, and it recommended that revised zoning code be streamlined for greater efficiency and understanding.
The lack of clarity between BMU developments standards in Table 20.202-2, such as number of stories, height in feet, and FAR are not consistent with Section 20.306.080 and Table 20.306-4 for MUO districts. It is recommended that the development standards for BMU districts that permit residential inclusion be consistent with the development standards for MUO districts.
It is also argued that the numerous changes to the current code are vague, unclear, and lack the clarity of Gov. Code § 11349 and the consistency of § Gov. Code §5860 be improved in the revised zoning code.
Floor Area Ratio (FAR) and Building Height Calculations Objections are made to the possible increased density in many of the new developments being permitted in Chino. The city can comply with the RHNA capacity obligations in the Housing Element and allow the allowable FAR defined in Section 20.103 .110 to include all buildings on a site area. This seems to be in conflict with Table 20.306-6. In the past the meaning of Table 20.306-6 had been interpreted by the Director of Development Services to exclude residential buildings from the FAR. This same Table 20.303-6 also allows greater building heights of 50 feet and Section 20.306.080C., allows floors up to 4 stories, wherein Table 20.202-2 allow s 3 stories and 40 feet high. The newly drafted zoning code al so allows for the building separations to only pertain to residential units.
This must be changed to include commercial buildings on the same site. The city does not need greater density by cramming buildings right next to each other in a RHNA residential development and creating the visual effect of less open space. .
It is requested that the inconsistency and confusing between Sections 20.202.110 and
20.306.080 be clarified and resolved. The citizens were informed that the buildings would be reduced to only 3 stories in MUO districts, yet the development standards under Table
20.306-4 still allow building heights up to 50 feet and four stories.
Allowable Density
1225
8 Objections are made to the allowable density in MUO sites. The issue of density was a topic staff was to review under the motion made by the council during the city council meeting on November 18, 2024.
Under Table 20.306-2 the allowable density in MUO districts is a minimum of 26 units per acre with an allowable base density of 30 units per acre. In the HCD certified Housing Element the net capacity for RHNA obligations was only 20 units per acre because HCD made an allowable 80% development factor to account for existing and future non - residential uses on each parcel. Thus under HCD standards 20 units per acre would satisfy the RHNA capacity for mixed use overlays in RHNA sites.
The city has made a feeble argument that it submitted an inquiry with HCD to reduce the allowable minimum density on RHNA sites, but cannot do anything because HCD never responded. An objection is made that this is not a valid and acceptable argument. The city has a responsible to listen to it citizens and take all appropriate actions to resolve this important density issue. The failure of getting a response based upon a half -hearted attempt by the city staff to resolve the density issue is deemed to be lackluster and disinterested reaction to the valid concerns of its citizens.
It is recommended that since the revised zoning code directly relates to building heights, FAR calcula tions and the removal of storage facilities from RHNA sites are legal standards that would require a draft Housing Element revisions notification to HCD, the city should proceed with submission of the draft revision of the zoning code to HCD. .
Even more important, the city also has the ability to submit within the draft zoning code to HCD, revised density calculations in MUO sites from 26 to 20 units per acre. The city has a legal right to submit a draft revision of the Housing Element concerning the development standards and density to HDC under Gov. Code §65585. More importantly, HCD has a legal mandate to provide a written response in 60 days for subsequent draft submittals under § 65585(b)(1)(C).
The city has a legal right to require that HCD respond in writing to a revised draft to the Housing Element. The citizens of Chino have the right to expect its officials to perform their jobs in a diligent manner. The city has a greater right and responsibility to make HCD do their job and provide a written response for the submission of a draft revision to the Housing Element.
Our city officials need to do is listen to the valid concerns of its citizens and submit a draft revision to the Housing Element to HCD concerning the changes to building heights, the methodology for FAR calculations, the re moving of the inclusion of storage facilities in MUO sites, and most importantly, revising the Housing Element to a lower density in mixed use overly to a capacity of 20 units per acre in MUO sites that already had been approved by HCD.
1226
9 It is also a frivolous argument by the city that in November of 2024, they could not make an adjustment to the Housing Element without prior approval by HCD, but now they are not required to notify HCD of the changes in height, FAR, and excluding storage facilities in MUO sites. It has taken the city over 18 months and developer s can still build developments with four stories, 50 foot heights and storage facilities. Someone must take the responsibility to get the job done.
Variances to Zoning Code, Interpretations, Appeal Rights and Procedures Objections are made to the lack of clarity in the objective standards of the difference between minor and major variances as described in Section 20.602.100. Greater clarity in the objective standards rather than a subjective interpretation of the Director of Development Services need to be defined in the new draft of zoning code revisions.
Objections are made to the allowable limits in Section 20,501.030B.3. of 10 feet for a structure to be approved by Administrative Approval. All variances in the height of a structure should be approved by the Planning Commission or acknowledge d by the Planning Commission unde r the provisions of 20.512.030 which require public notice before the Planning Commission . Greater clarity i s needed as what constitutes Administrative Approval.
Objection is made to definition of an “aggrieved person” under Section 20.102.030. It is too restrictive . Challenges to i nterpretations and decisions concerning development standards that can affect the city or surrounding neighborhoods are not limited to a 300 foot radius of a MUO high density development. All residents should be able to obtain a written interpretation and decision and the ability to appeal these important issues. As example, using the limited radius provided of 300 feet, numerous affected citizens of the Eden project would have been denied reasonable access to important information and to be able to challenge poorly decided decisions. . It would appear this is no more than a disingenuous attempt to limit and stifle citizen involvement in important issues that pertain to all citizens of Chino. The term “aggrieved person” should be changed to “citizen of Chino”.
Objection is made to Table 20.601-2 and the lack of clarity for “Administrative Action - wherein the notic ing requirements shall be the same as that required for the administration action or decision being appealed”. Administrative Action is also not defined in the glossary under Chapter 20. There are numerous subject ive standards being allowed to be decided by the Director of Development Services, including
20.501.030.B, the differences between the objective standard s for: a minor or major variance and Section 20.603.080; the objective standards for minor or major modifications under Section 20.602.100.
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10 Objection is also made to Ta ble 20.601-2 which under the “Additional Regulations” column cites 20.601.C.2 & 3 & 4. Such references do not appear under Section 20.601.C.
The zoning code needs greater clarity in what constitute a n appealable administrative action and how it is differs from an administrative approval under 20.603.100.
Objections are made to the lack of greater clarity when written findings are to be made, including those under Section 20.602.070 . It is recommended that enhance reporting requirements be made that all written decisions of the Director of Development Services be entered onto a log and be posted to the city’s website in a manner so simple access can be made by concerned citizens. Citizens should be able to submit a written request to be informed by email of any updates to this log.
The issue of lack of transparency in development decision s made by city staff is an ongoing problem. Better communication procedures should be enacted with accessible reporting requirement s and not backroom decisions being made outside the scope of citizen involvement.
A minor objection is made to the removal of Section 20.602.050.D.1.e., wherein the posting of notice signs that can be easily read from 60 feet have been omitted. If a public notice sign is to be posted it should be readable.
It is recommended that corrective actions be taken on the above objections. 1228
office of economic + business affairs
department of administration
505 s. garey ave., pomona, ca 91766
help us invest in the human scale. pomonaca.gov/oeba
June 17, 2026
Planning Commission
City of Chino
13220 Central Avenue
City Council Chambers
Chino, CA 91710
Respected Planning Commissioners:
Please consider this formal public comment letter on behalf of the City of Pomona for Comprehensive Zoning Code Update PL24-0146 (Zoning Ordinance Amendment) and PL25-0108, to be considered at the regularly scheduled Planning Commission of the City of Chino on Wednesday, June 17, 2026.
We would like to to formally acknowledge that the City of Chino’s Development Services staff continues to be an active, collaborative partner with the City of Pomona, and have been transparent and forthcoming with their land use and zoning efforts, which is very much appreciated. We are confident that our continued conversations can strengthen the health and quality of life of the entire region for both Pomona and Chino residents.
Staff provided us an opportunity to review a draft of the zoning code. We have had the opportunity to fully review the document and would like to put into the record the following points of feedback.
Comment #1: Strengthening Definitions of Fulfillment and Logistics and Prohibiting in Business Park and M-1 zoning districts
The City of Pomona is pleased to see the addition of good neighbor policies and standards consistent with State law concerning warehousing and logistics facilities. With that said, aside from the definitions contained within 20.514.590, there does not appear to be Glossary definitions of “fulfillment,” “logistics,” and related land uses. In Pomona’s experience, the lack of clear zoning definitions for these uses has been problematic, as third-party logistics, less than truckload, and other fulfillment-oriented uses have been able to secure business license and zoning clearance relying on broader Glossary definitions for “warehousing” or “wholesale.” This can enable truck-intensive and continuously operating fulfillment houses on even small footprints in business parks. We request adding Glossary definitions for fulfillment-oriented uses to create the full throughline to the new good neighbor policies and ensure wrap-around
1229
office of economic + business affairs
department of administration
505 s. garey ave., pomona, ca 91766
help us invest in the human scale. pomonaca.gov/oeba
Enforcement, and then establishing prohibitions for these uses (other than Microbusinesses or Microfulfillment) in Business Park and M-1 zoning districts, or alternatively prohibited within a designated measured buffer from City of Pomona borders . Excerpted below are some of Pomona’s definitions that were added in the 2024 zoning code update, as reference.
530.J. Fulfillment-Oriented Industrial Uses
1. Microbusiness A single business between 2,500 and 22,500 square feet in size that engages in at least two of following activities: Production, Artisanal Manufacturing, Distribution, Fulfillment. Includes Commercial Cannabis Microbusiness pursuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Area 3.
2. Production Fulfillment Any use that is primarily storage and direct distribution of products to end users within the supply chain (“business to business” or “business to consumer”), sorted, picked, and/or packed either manually or with automation, in either a traditional or a high-cube format. Includes receiving and processing of bulk goods and individual order processing. Excludes Retail and Large Format Retail. Includes e- commerce, third party logistics, on-demand transportation, and freight forwarding.
3. Production Transportation Any facility that is involved in product fulfillment or product distribution of bulk goods primarily through the use of truck trailers and truck tractors for truckload services within the supply chain (“business to business” or “business to consumer”). Includes full truckload, less than truckload, trans-loading, consolidations, de-consolidations, cross-dock, and other on-demand transportation services Comment #2: Prohibiting Recycling Facilities, Light Processing in M-1 zoning district.
The City of Pomona has prohibited recycling centers, pallet yards, and other waste- oriented facilities since 2017 and have serious concerns about new recycling centers being established along our shared border. The proposed zoning code does prohibit certain recycling centers depending on the zoning district, but still permits by Conditional Use Permit Recycling Facilities, Light Processing” within the M-1 zoning district. The excerpted definition of this use is as follows:
Recycling facilities, light processing. A facility used for the collection and processing of recyclable materials that occupies less than forty-five thousand square feet of gross collection, processing and storage area; and has an average of up to two out bound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable 1230
office of economic + business affairs
department of administration
505 s. garey ave., pomona, ca 91766
help us invest in the human scale. pomonaca.gov/oeba
materials, and repairing of reusable materials sufficient to qualify as a certified processing facility. The facility shall not shred, compact or bale ferrous metals, other than food and beverage containers. For the purposes of these provisions, “processing” means the preparation of materials for efficient shipment, or to an end-users specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and/or manufacturing.
The City of Pomona is concerned about the aforementioned definitional activity locating along our shared border, as many of the elements identified, including crushing, grinding, and shredding, have historically enabled facilities that have run afoul of environmental protection laws. We request re-designating “Recycling Facilities, Light Processing” as “prohibited” within the M-1 zoning district, or alternatively prohibited within a designated measured buffer from the City of Pomona borders.
Comment #3: Prohibiting New Truck/Trailer Storage in M-1 zoning district.
The proposed draft enables “New Truck/Trailer Storage” via a Development Agreement. The City of Pomona has concerns about increased truck and trailer traffic and impacts beyond those that exist today along our shared borders. These uses are not currently permitted within our zoning code along said border. While a development agreement has the potential to address site specific concerns, it is a high risk that can exacerbate cumulative environmental impacts that are currently in these neighborhoods caused by heavy truck and trailer traffic. We request re-designating “New Truck/Trailer Storage” as prohibited in the M-1 zoning district, or alternatively prohibited within a designated measured buffer from the City of Pomona borders.
Comment #4: Adding clarity on data center radius restrictions for Pomona and non-Chino residents.
The City agrees with prohibitions on Data Centers in the M-1 zoning district, and additional radius restrictions when adjacent to residential uses. We request clarifying the language on residential proximity to Data Centers to include clear language that residential uses are inclusive of all residences, even beyond the City of Chino borders that are captured within the radius measurement.
Comment #5: Prohibiting stand-alone Battery Energy Storage Facilities in M-1 zoning district.
Battery Energy Storage Facilities (BESS) are an evolving land use that is being investigated with varying levels of risk management depending on the Fire departments. 1231
office of economic + business affairs
department of administration
505 s. garey ave., pomona, ca 91766
help us invest in the human scale. pomonaca.gov/oeba
We are concerned with permitting a standalone BESS facility along our shared border that could have thermal runaway risks that affect residents. We request redesignating Battery Energy Storage Facilities as prohibited in the M-1 zoning district, or alternatively prohibited within a designated measured buffer from the City of Pomona borders, but still permitting it as ancillary or supportive use for resilience or facility energy backup.
On behalf of the City of Pomona, we sincerely appreciate the opportunity to comment, your Staff’s willingness to openly and transparently work across our shared borders, and remain hopeful for the future health and wellness of our communities.
Sincerely,
Ata Khan
Deputy Director
909-992-6501
[email protected]
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MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Introduction of Ordinance 2026 -005 – Subdivision Ordinance Amendment (PL26 -0001) and Ordinance 2026-006 – Preserve Specific Plan Amendment (PL25-0032). ..end
RECOMMENDATION
..recommendation
1) Conduct a public hearing ; 2) approve the introduction of Ordinance No. 2026 -005, a proposed amendment to Chapter 19.06.040.A.3 (Subdivision Ordinance) of the Chino Municipal Code to allow private streets within single-family residential zones in The Preserve Specific Plan area; and 3) approve the introduction of Ordinance No. 2026 -006, adopting PL25 -0032 (Preserve Specific Plan Amendment) both to be read by number and title only and waive further reading of the ordinances.
..body
FISCAL IMPACT
There is no direct fiscal impact for the proposed amendment to The Preserve Specific Plan and Subdivision Ordinance. However, future development may occur as a result of these amendments which would result in the City receiving one -time revenues in the for m of Development Impact Fees. Ongoing revenues through property taxes and limited retail sales could also be generated in the future.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Superior Customer Service
Financial Stability
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
1233
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: INTRODUCTION OF ORDINANCE 2026 -005 - SUBDIVISION ORDINANCE AMENDMENT (PL26 -0001) AND ORDINANCE 2026 -006 - PRESERVE SPECIFIC PLAN AMENDMENT (PL25-0032).
PAGE: 2
BACKGROUND
The Preserve Specific Plan (PSP) was originally adopted in March 2003. The applicant, Chino Preserve Development Corporation, has submitted an application to amend The PSP, which proposes modifications to several sections of The PSP, including private street sections to better facilitate development within the single -family residential land use designations and development standards for self-storage and recreational vehicle storage facilities. The proposed amendment also includes various clean-up revisions identified by City staff and the applicant. In addition to The Preserve Specific Plan Amendment ( PSPA), the request includes an amendment to Chapter 19.06.040 of the Subdivision Ordinance (Subdivision Design Standards) to allow for the implementation of private streets within single -family residential land use designations within The PSP. The proposed amendments do not include any land use changes, changes to densities, or changes to the maximum number of permitted residential units currently allowed in The PSP. All proposed amendments are outlined in City Council Ordinances No. 2026-005 and No. 2026-006.
On May 20, 2026, the Planning Commission held a public hearing for The PSPA. While The PSPA requires a recommendation by the Planning Commission, the proposed Subdivision Ordinance Amendment does not require Planning Commission review because it is a legislative amendment to the Subdivision Map Act. The Subdivision Ordinance Amendment was presented to the Planning Commission in conjunction with The PSPA for informational purposes only. At the public hearing, the Commission received no testimony from residents or interested parties in attendance. The Planning Commission voted 7-0, recommending approval of The PSPA to the City Council.
ISSUES AND ANALYSIS
Chapter 19.06.040.A.3 and Roadway Sections
Gated communities are permitted as part of the applicant’s Development Agreement (DA); however, the City’s current Subdivision Ordinance does not allow gating within single -family subdivisions utilizing private streets. Therefore, the applicant is requesti ng an amendment to Chapter 19.06.040.A.3 of the Subdivision Design Standards to facilitate the development of gated single-family communities through the use of private streets.
On March 23, 2026, two private street sections were presented to the City’s Infrastructure/Streets Committee. The first street section includes parkways, sidewalks, and parking on both sides of the street. The second street section omits the parkway and sidewalk on one side of the street, while maintaining parking on both sides in situations where lots side or rear onto a street. As initially presented, both street sections were proposed to apply citywide.
The Committee indicated support for the first street section, emphasizing a preference to maintain sidewalks on both sides of th e street due to concerns identified in past projects. While the Committee reviewed the second street section, they did not express support to apply the 1234
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: INTRODUCTION OF ORDINANCE 2026 -005 - SUBDIVISION ORDINANCE AMENDMENT (PL26 -0001) AND ORDINANCE 2026 -006 - PRESERVE SPECIFIC PLAN AMENDMENT (PL25-0032).
PAGE: 3
second street section citywide. The Committee specified that if these street sections were to move forward to City Council, these sections should only be permitted within The PSP area and shall not be applied citywide, noting that The PSP is a master planned community with design characteristics distinct from other areas of the City. The related Subdi vision Ordinance Amendment and private street sections reflect those changes presented to the Committee and are proposed to be limited to The PSP area.
To implement the applicant’s request and reflect the Infrastructure/Streets Committee’s direction, an amendment to Chapter 19.06.040.A.3 of the Subdivision Design Standards is required. Currently, this section permits private streets only within commercial, industrial or multifamily residential developments, with a limited exception for certain single -family subdivisions approved prior to January 1, 2019. The applicant proposes to amend Chapter
19.06.040.A.3 to expand the provision of private streets to include single -family residential zones within The PSP. The amended section is attached as Exhibit “A” to the staff report.
In addition, the applicant is requesting an amendment to The PSP to incorporate the two private street sections supported by the Committee for use in single family residential land use designations. The proposed street sections designs are attached as Exhibit “ B” to the staff report.
Development Standards for Self-Storage and Recreational Vehicle Storage Facilities As part of the applicant’s DA, self -storage and recreational vehicle (RV) storage facilities are allowed with approval of a special conditional use permit within the Low Density Residential (LDR) land use designation at a specific location along Chino -Corona Road (Mill Creek Avenue), across from the California Institution for Woman (CIW). To facilitate implementation of the D A, the proposed PSPA would establish development standards for these uses, as The PSP does not currently include standards for self -storage or RV storage facilities. The proposed development standards for self -storage and RV storage facilities are consist ent with the applicable standards in the City’s Zoning Code and are included as Table 4 in City Council Ordinance No. 2026-005.
General Clean Up and Clarification
In addition to the primary revisions, the proposed PSPA includes minor clean -up and clarification updates to The PSP. The amendment does not modify land use designations, densities, or the intensity of permitted uses. A complete list of the proposed PSP changes is provided in City Council Ordinance No. 2026-006). Some examples are listed below:
Revision to graphics to reflect previously approved land use changes that were not incorporated into earlier exhibits.
Updates to land use acreage tables for open space recreational and light industrial to reflect prior project approvals.
Renumbering of tables to accommodate the addition of new Table (self -storage and RV storage development standards).
Updates to the truck route exhibit.
PUBLIC NOTICE
1235
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: INTRODUCTION OF ORDINANCE 2026 -005 - SUBDIVISION ORDINANCE AMENDMENT (PL26 -0001) AND ORDINANCE 2026 -006 - PRESERVE SPECIFIC PLAN AMENDMENT (PL25-0032).
PAGE: 4
A notice was published in the Chino Champion on June 27, 2026. The notice meets the legal noticing requirements and is adequate in scope for this project. No comments have been received to date.
ENVIRONMENTAL REVIEW
The existing environmental documentation is adequate and conforms with the provisions of the California Environmental Quality Act (CEQA), as the project is within the scope of The Preserve Chino Sphere of Influence – Subarea 2 Final Environmental Impact Report (SCH# 2000121036) originally certified on March 25, 2003, which adequately describes the p roposed activity for the purposes of the CEQA, pursuant to CEQA Section 21166 and Section 15162 of the CEQA Guidelines. The Preserve Specific Plan Amendment does not include any land use changes, change in residential densities, or changes to the maximum n umber of permitted residential units allowed in The PSP, and would not create any new significant impacts, or impacts that are significantly different than those identified in The Preserve Chino Sphere of Influence – Subarea 2 Final Environmental Impact Report (SCH# 2000121036).
Attachments:
Exhibit “A” – Chapter 19.06.040.A.3 Amendment
Exhibit “B” – Private Street Sections for Single Family Residential City Council Ordinance No. 2026-005 (Subdivision Ordinance Amendment) City Council Ordinance No. 2026-006 (Preserve Specific Plan Amendment)
1236
Exhibit “A”
Chapter 19.06.040.A.3
The proposed private street is located on the premises of a commercial, industrial, or multifamily residential development; provided, however, that proposed private streets within a single-family zone as shown on a tentative subdivision map approved by the City before January 1, 2019 shall be allowed so long as any such private streets meet all applicable standards set forth in this chapter and those established by the City Engineer, including but not limited to, all applicable accessibility standards. Private streets may also be permitted within single -family residential zones of The Preserve Specific Plan area, provided that the adopted Preserve Specific Plan (or amendment s thereto) expressly authorizes such private streets and establishes applicable development standards. The use and implementation of private streets within a development project that has an approved development agreement shall also comply with the requirements for private streets or gated communities within that development agreement.
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The Preserve
Section V
Not to Scale
140
Private Street with
Reduced Parkways
(Rolled or Wedge Curbs)
Private Street with
Sidewalk on One Side1
(Rolled or Wedge Curbs)
Notes
1. This condition shall apply only to
street segments where residential
units front along one side with
sidewalk and parkway. The
opposite side, where no sidewalk is
provided, shall be limited to lots that
either side or rear onto the street,
unless otherwise approved by the
City at an appropriate location.
1238
ORDINANCE NO. 2026-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE SUBDIVISION
ORDINANCE (TITLE 19 OF THE MUNICIPAL CODE) OF THE
CITY OF CHINO . PL26-0001 (SUBDIVISION ORDINANCE
AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Section 19.06.040.A.3 of the Chino Municipal Code is hereby revised as follows (additions in bold red; deletions in strikethrough):
19.06.040 – Street design and improvements.
A. Private streets. New private streets shall be created only if they meet all of the following requirements:
1. The planning commission determines that a private street system will not be a substantial detriment to adjoining properties, or to the properties served by th e private street system, and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision;
2. The proposed private streets may deviate from all applicable requirements for public streets, subject to appro val by the city engineer and the Chino Valley Fire Independent District;
3. The proposed private street is located on the premises of a commercial, industrial or multifamily residential development; provided, however, that proposed private streets within a single-family residential zone as shown on a tentative subdivision map approved by the city before January 1, 2019 shall be allowed so long as any such private streets meet all applicable standards set forth in this chapter and those established by the cit y engineer, including but not limited to, all applicable accessibility standards. Private streets may also be permitted within single -family residential zones of The Preserve Specific Plan area, provided that the adopted Preserve Specific Plan (or amendmen ts thereto) expressly authorizes such private streets and establishes applicable development standards. The use and implementation of private streets within a development project that has an approved development agreement shall also comply with the require ments for private streets or gated communities within the development agreement.
4. The subdivider shall establish provisions, approved by the director of community development and city attorney, for a homeowners’ association or other organization to assume responsibility for the maintenance and ownership of private streets, alleys and their rights -of-way, including any trees and landscaping provided within the street and alley rights-of-way; and
5. The planning commission may require that a proposed private street be subject to an offer of dedication pursuant to Government Code Section 66477.1.
1239
ORDINANCE NO. 2026-005
Section 2. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Comm on Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Section 3. Severability.
If any section , subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, s ubsection, sentence, clau se, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 4. This Ordinance sha ll be in full force and effect thirty (30) days after its second reading and adoption.
Section 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in th e Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY 2026.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
1240
ORDINANCE NO. 2026-005
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga , City Clerk of the City of Chino , do hereby certify that the foregoing Ordinance was duly adopted by said City Council at a regular meeting hel d on the 21st day of July 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
1241
ORDINANCE NO. 2026-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING THE PRESERVE SPECIFIC PLAN TO
ESTABLISH PRIVATE STREET STANDARDS FOR SINGLE -FAMILY
RESIDENTIAL AREAS, ADD DEVELOPMENT STANDARDS FOR SELF-
STORAGE AND RECREATIONAL VEHICLE STORAGE FACILITIES,
AND IMPLEMENT VARIOUS CLEAN UP REVISIONS. PL25 -0032
(PRESERVE SPECIFIC PLAN AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. The Preserve Specific Plan is hereby amended as follows. Additions are shown in red; deletions are in bold strikethrough, and existing text that is not shown and will not be amended is denoted by ellipsis (“…”).
1242
ORDINANCE NO. 2026-006
Figure 1 (pages 11-12) - The following map shall replace the existing map.
1243
ORDINANCE NO. 2026-006
Pg. 19
On November 15, 2021, the Planning Commission recommended approval and on December 7, the City Council approved Ordinance 2021 -015 to adopt the Specific Plan Amendment for changes to Main Street along with some changes to other street sections, and general clean-up. On May 20, 2026, the Planning Commission recommended approval and on June 16, 2026, the City Council approved Ordinance 2026 -005 to adopt a Specific Plan Amendment to establish private street standards for single - family residential areas, add d evelopment standards for self -storage and recreational vehicle storage facilities, and implement various clean -up revisions.
Figure 5 (pages 28-29) – The following map shall replace the existing map. 1244
ORDINANCE NO. 2026-006
1245
ORDINANCE NO. 2026-006
Figure 7 (pages 37-38) – The following map shall replace the existing map.
1246
ORDINANCE NO. 2026-006
Table 1 (pages 40-41) – The following tables shall replace the existing tables.
1247
ORDINANCE NO. 2026-006
Table 2 (page 42) - The following table shall replace the existing table.
1 Adjusted gross acres is the gross project acreage excluding the acreage devoted to major, secondary, and collector street rights -of-way, easements for major utilities, and land for City parks and schools.
2 Based on the City’s standard of 3 acres per 1,000 population for all residential units within the Specific Plan. Persons per dwelling unit are estimated at 3.4 persons (Department of Finance, January 2000). Acres are allocated based on Conceptual Parks and Schools Plan (Figure 17).
1248
ORDINANCE NO. 2026-006
3 Two 12-acre School Sites assumed within the Community Core 16 and the High Density Residential 16 Designations. Potential third school site may not be required. A conceptual location is shown and could be moved to other locations in The Preserve, if necessary.
Table 3 (page 58) – The following table shall replace the existing table.
30 Refer to Design Guidelines for wider range of setbacks for garages with rear access. 31 When a residential lot shares a property line with a self -storage/RV storage use, a 5 foot landscape buffer plus a 15 foot building setback, for a total of 20 foot setback from property line to residential structure is required. A landscape lot may be counted towards a landscape buffer.
LDR3 Uses Subject to a Special Conditional Use Permit
a. Per the “Conditionally Permitted Land Uses” for the RD4.5 zone, Chapter 20.04 of the Zoning Code.
b. Habitable and Non-Habitable accessory structures > 1200 SF per Chapter 20.11 of the Zoning Code.
c. Recreational Vehicle/Mini-Storage allowed with Condi tional Use Permit on LDR Zoned Land located along Chino -Corona Road (Cucamonga Avenue) 1249
ORDINANCE NO. 2026-006
across from CIW. Recreational vehicle/self-storage on LDR land use designation located along Chino Corona Road (Cucamonga Avenue) across from CIW. Refer to Section LDR7 Recreational Vehicle/Self-Storage Development Requirements (Table 4).
LDR 6 Development Requirements
a. Minimum side setbacks:
i. Single lot, attached and clustered products:
1. For single lot products: 0 ft from interior property lines to detached garages in the rear half of the lot. For detached garages in the front half of the lot, 5 ft. from interior property lines and 18 ft. from exterior property lines.
2. For attached and clustered products: 0 ft or a minimum of 5 ft. for garages in the rear half of the lot. For detached garages in the front half of the lot, 5 ft. from the interior property lines and 18 ft. from the exterior property lines.
b. Minimum rear setbacks:
i. Single lot, attached and clustered products:
1. Garages with habitable living space the setbacks shall be those listed for interior and exterior minimum rear setbacks. c. Recreational vehicle/self -storage on LDR land use designation located along Chino-Corona Road (Mill Creek Avenue) across from CIW. Refer to Section LDR7 Recreational Vehicle/Self-Storage Development Requirements (Table 4).
LDR 7 Recreational Vehicle/Self-Storage Development Requirements a. Refer to Table 4.
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ORDINANCE NO. 2026-006
Table 4 (pages 80-81), Table 5 (page 106), and Table 6 (page 141 -142) – The tables shall be renumbered from Table 4 to 5, Table 5 to 6, and Table 6 to 7.
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ORDINANCE NO. 2026-006
The local street section may be modified on a case-by-case basis if approved by the Fire Chief, the City Engineer and the Director of Development Services. Although the location of the local street section network is not defined, intersection and driveway spacing guidelines will be developed as an implementation measure of this Specific Plan. Private local streets within single-family residential neighborhoods are permitted in The Preserve Specific Plan area per the development standards on the cross -section shown on page 140 for Private Streets.
Street Section I1 Local Collector, Typical (page 125) – The following street section shall replace the existing street section.
Street Sections I2 Local Collector, Typical and J2 Local Collector, with Paseo (page 126) – The following street sections shall replace the existing street sections. 1252
ORDINANCE NO. 2026-006
Street Section K Local Collector, with Transit (page 127) – The following street section shall replace the existing street section.
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ORDINANCE NO. 2026-006
Street Section M2 Local Collector (p age 128) – The following street section shall replace the existing street section.
Street Section O2 Loop Local Collector (p age 129) – The following street section shall replace the existing street section.
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ORDINANCE NO. 2026-006
Street Sections P Commercial Collector, Typical and Q Commercial Collector (page 130) – The following street sections shall replace the existing street sections.
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ORDINANCE NO. 2026-006
Street Section R Commercial Collector with Paseo (page 131) – The following street section shall replace the existing street section.
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ORDINANCE NO. 2026-006
Street Section W Major Arterial with Paseo (page 134) – The following street section shall replace the existing street section.
Street Sections D3 Legacy Park Street with Equestrian Trail, CC Legacy Park Street, and D4 Chino-Corona Road, with Equestrian Trail (page 137) – The following street sections for shall replace the existing street sections.
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ORDINANCE NO. 2026-006
Street Section DD Local Collector ( Page 138) – The following street section shall replace the existing street section.
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ORDINANCE NO. 2026-006
Street Sections FF Local Collector with Paseo and GG Chino -Corona Road along Rancho Miramonte Frontage (p age 139 ) - The following street sections shall replace the existing street sections.
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ORDINANCE NO. 2026-006
Figure 12 (page 143) – The following exhibit shall replace the existing exhibit.
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ORDINANCE NO. 2026-006
Section 2. CEQA Findings. The environmental documentation is adequate and conforms with the provisions of CEQA, as the Project is within the scope of The Preserve Chino Sphere of Influence - Subarea 2 Final Environmental Impact Report (SCH# 2000121036) originally certified on March 25, 2003, which adequately describes the proposed activity for the purposes of CEQA, pursuant to CEQA Section 21166 and Section 15162 of the CEQA Guidelines. The Preserve Specific Plan Amendment does not include any land use changes, changes in residential densities, or changes to the maximum number of permitted residential units allowed in The PSP, and would not create any new significant impacts, or impacts that are significantly different than those identified in The Preserve Chino Sphere of Influence – Subarea 2 Final Environmental Impact Report (State Clearinghouse No. 2000121036).
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this ordinance and shall cause the same t o be published in the Chino Champion, a newspaper of general circulation, within said city in accordance with the provisions of the Government Code.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY 2026.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
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ORDINANCE NO. 2026-006
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of the City of Chino , do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 21st day of July 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
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MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE
SUBJECT
..titl e
City of Chino Public Financing Authority 2026 Lease Revenue Bond. ..end
RECOMMENDATION
..recommendation
That the Chino City Council 1) hold a Public Hearing regarding financing; 2) adopt Resolution 2026-048 authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Supplemental Agreement, Term Sheet, and Placement Agent Agreement in connection with the issuance of the City of Chino Public Financing Authority 2026 Lease Revenue Bond, approving the issuance of such bond in the principal amount of not to exceed $3,500,000, and authorizing the execution of necessary documents and certificates and related actions; and that the City of Chino Public Financing Authority Board of Directors adopt a Resolution FA 2026-001 authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Assignment Agreement, Term Sheet, and Placement Agent Agreement in connection with the issuance of the City of Chino Public Financing Authority 2026 Lease Revenue Bond, authorizing the issuance of such bond in the principal amount of not to exceed $3,500,000, and authorizing the execution of necessary documents and certificates, and related actions.
..body
FISCAL IMPACT
The City will incur a new lease obligation in the estimated amount of $3.225 million.
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:
Transfer In: Transfer Out:
1263
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND.
PAGE: 2
BACKGROUND
Summary
City staff has worked with its financing team to bring these items before the City Council and the Board of Directors of the City of Chino Public Financing Authority (the “Authority”) to authorize the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Term Sheet, and Placement Agent Agreement in connection with the City of Chino Public Financing Authority 2026 Lease Revenue Bond (the “2026 LRB”). Proceeds from the 2026 LRB will be utilized to: (i) fund the acquisition of real property located at 13272 6 th Street, Chino, California, (ii) fund certain soft project costs associated with the project, and (iii) pay for costs of issuance associated with the 2026 LRB.
Public Hearing
In accordance with Government Code Section 6586.5(a)(1), the City must hold a public hearing to consider public testimony concerning the possible issuance of bonds by the Authority to finance certain public capital improvements within the boundaries of the City. The City Resolution approves the sal e of the 2026 LRB by the Authority and finds that there are significant public benefits in connection with the proposed project, and the associated financing thereof, with bond proceeds.
This meeting has been convened as a joint meeting of the City Council and the Authority Board of Directors in order to allow the City Council, and the Council Members acting in their capacity as the Authority Board of Directors, to hold the hearing described above and to consider the adoption of resolutions of each body app roving or authorizing the issuance of bonds by the Authority and approving the form of related financing documents and other actions.
Financing Structure
The City will utilize the Lease Revenue Bond financing structure, which is a common financing tool used by public agencies to finance capital projects. The Chino Senior Center (the “Site”), located at 13170 Central Avenue, Chino, will be the facility that will be subject to the financing lease. Under the Ground Lease, the City will lease the Site to the City of Chino Public Financing Authority, and the Site will be subleased back to the City under the Lease Agreement. The Assignment Agreement will assign and transfer the Authority’s interests under the Ground Lease and the Lease Agreement to the bond truste e (The Bank of New York Mellon Trust Company, N.A.), including the payments made by the City under the Lease Agreement.
Lender Solicitation
The City’s Placement Agent, Raymond James & Associates, distributed a Request for Bids and Summary of Terms and Con ditions to find an investor with the lowest overall cost of funds and favorable terms and conditions. The City received a total of six responses to the solicitation and BMO Bank N.A. (“BMO”) submitted the overall lowest interest rate for a 15 -year borrowing term at 4.25%.
The transaction will be subject to the following optional redemption provisions:
- Year 1: No pre-payment
- Year 2: No pre-payment
- Year 3: 3%
- Year 4: 3%
- Year 5: 2%
- Year 6 and thereafter: No pre-payment penalty
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CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND.
PAGE: 3
The City has also worked with its Placement Agent, Bond Counsel (Anzel Galvan LLP) and its Municipal Advisor (KNN Public Finance LLC) to negotiate additional key terms and conditions.
Summary of Financing Documents
The resolutions approve the financing plan outlined abov e, appoint and retain the financing team, including KNN Public Finance LLC as Municipal Advisor; Anzel Galvan LLP as Bond Counsel; Raymond James & Associates as Placement Agent; and The Bank of New York Mellon Trust Company, N.A. as Trustee; and approve al l documents and actions needed to authorize the issuance and sale of the 2026 LRB, including the form financing documents provided herein, together with any changes or additions deemed advisable and approved by any Authorized Officer. The following documen ts and information related to the transaction are included herein:
Ground Lease and Lease Agreement: The Ground Lease and Lease Agreement provide for the City to lease the Site to the Authority in consideration of an upfront rent payment, and for the Authority to lease the Site back to the City in consideration of the payment by the City to the Authority of semi -annual base rental payments, which rental payments are pledged to the repayment of the 2026 LRB. The rental payments will be due on dates and in amounts to enable the Authority to pay scheduled debt service on the 2026 LRB. In addition, under the Lease Agreement the City will agree to annually budget for and appropriate the rental payments for the use and occupancy of the Site. The City will also agree in the Lease Agreement to provide specified forms of insurance and to maintain the Site.
Indenture: The Indenture includes the terms and conditions of the 2026 LRB, including the pledge of revenues, redemption provisions, investment and management of funds and accounts, repayment mechanisms, and the rights and obligations of the City, the Authority, the Trustee (BNY), and the bondholder. Under the Indenture, the Trustee directly receives rental payments made by the City under the Lease Agreement, wh ich are equal in amount to the interest and principal payments due on the 2026 LRB. The Trustee receives and disburses the rental payments semiannually to the holder of the 2026 LRB as payments of interest and principal.
Assignment Agreement : Under the Assignment Agreement, the Authority agrees to assign to the Trustee its right to receive the rental payments made under the Lease Agreement.
Supplemental Agreement : The Supplemental Agreement will be entered into the between the City and BMO. Among other items, the Supplemental Agreement describes the conditions to BMO’s purchase of the 2026 LRB, including the documents that will be required to be delivered on or before the closing date. It also contains representations, warranties and cov enants on behalf of the City in favor of BMO, including covenants relating to periodic reporting of financial statements and budgets, covenants relating to environmental compliance as to the Site, the City’s promise to indemnify BMO for certain costs and expenses (including for environmental liability), and events of default.
Term Sheet: Contains BMO’s summary of terms and conditions for the direct purchase of the 2026 LRB.
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CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND.
PAGE: 4
Placement Agent Agreement : Contains the terms and conditions of Raymond James & Associates’ services as placement agent.
ISSUES/ANALYSIS
Below is a table summarizing the sources and uses, and key financing terms of the 2026 LRB:
FINANCING SCHEDULE
Following the Council’s approval of today’s financing documents, the next steps toward closing the 2026 LRB are as follows:
Today, Tuesday, July 7 th: City Council and Chino Financing Authority approve financing resolutions.
Monday, July 13th: Pre-closing.
Tuesday, July 14th: Closing of 2026 LRB (funds delivered to Trustee). Monday, June 20th: End of 90-day property acquisition escrow period.
ATTACHMENTS:
1. City Council Resolution 2026-048
2. Public Financing Authority Resolution FA 2026-001
3. Form of Ground Lease
4. Form of Lease Agreement
5. Form of Indenture
6. Form of Assignment Agreement
7. Form of Supplemental Agreement
8. Term Sheet
9. Form of Placement Agent Agreement
Sources:
Par Amount:
$3,225,000
Total Sources:
$3,225,000
Uses:
Property Acquisition:
$2,500,000
Improvement Fund:
600,000
Cost of Issuance:
125,000
Total Uses:
$3,225,000
True Interest Cost (T.I.C.):
4.25%
Average Annual Payments:
1 $290,756
Total Payments:
$4,459,191
Anticipated Closing:
7/14/2026
Final Maturity:
10/1/2041
Financing Term:
15.2 yrs
1. Excludes FY2026-27, which is interest only.
1266
RESOLUTION NO. 2026-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A
GROUND LEASE, LEASE AGREEMENT, INDENTURE , SUPPLEMENTAL
AGREEMENT, TERM SHEET, AND PLACEMENT AGENT AGREEMENT IN
CONNECTION WITH THE ISSUANCE OF THE CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND , APPROVING THE
ISSUANCE OF SUCH BOND IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,500,000 AND AUTHORIZING THE EXECUTION OF NECESSARY
DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS
WHEREAS, the City of Chino, California (the “City”) is a general law city and municipal corporation duly organized and existing under the laws of the State of California; and WHEREAS, the City of Chino Public Financ ing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing pursuant to the laws of the State of California and that certain Joint Exercise of Powers Agreement, dated as of December 1, 1998, between the City and the Successor Agency to the Redevelopment Agency of the City of Chino, as successor to the form er Redevelopment Agency of the City of Chino (the “Joint Powers Agreement”); and
WHEREAS, pursuant to the Joint Powers Agreement and Section 6588(h) of the Marks- Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code (the “Act”), the Authority has the legal authority to lease and sublease lands, structures, real or personal property, and other interests in lands that are located within the State of California that the Authority determines are necessary or convenient for the financing of public capital improvements, or any portion thereof; and WHEREAS, the City and the Authority desire to finance all or a portion of the costs to acquire real property located at 13272 6th Street, Chino, California and related project costs (the “Project”); and
WHEREAS, the City is a member of the Authority , and the Project is located within the boundaries of the City; and
WHEREAS, the Authority and the City have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond ” (the “Bond”) for the purpose of financing all or a portion of the Project; and WHEREAS, to facilitate the issuance of the Bond, the City and the Authority desire to enter into a Ground Lease between the C ity and the Authority (the “Ground Lease”) pursuant to which the City will lease certain real property , which real property shall initially consist of the Senior Center located at 13170 Central Avenue, Chino, California (the “Leased Asset”) , to the Authority, and a Lease Agreement between the City and the Authority (the “Lease Agreement”), pursuant to which the City will lease the Leased Asset back from the Authority, and pay certain Base Rental Payments (as defined in the Lease Agreement), w hich will be pledged to the owners of the Bond by the Authority pursuant to an Indenture by and among The Bank of New York Mellon Trust Company, N.A. (the “Trustee”), the City and the Authority (the “Indenture”); and
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2 WHEREAS, following distribution to vari ous direct placement banks of a request for proposals, the City and the Authority have been presented with a term sheet from BMO Bank N.A. (together with any affiliates thereof, the “Purchaser”), pursuant to which the Purchaser has offered to purchase the Bond through a direct placement; and WHEREAS, the City and the Authority have determined that a direct placement sale of the Bond to the Purchaser will result in a significa nt public benefit to the City, taking into consideration the expected lower adminis trative expenses and the ability to facilitate a more efficient and timely closing than a public sale; and
WHEREAS, the Authority will issue the Bond pursuant to the Act; and WHEREAS, the City has, prior to the consideration of this Resolution, held a public hearing on the financing of the Project in accordance with Section 6586.5 of the Act, which hearing was held at 13220 Central Avenue, Chino, California on July 7, 2026; and WHEREAS, in accordance with Section 6586.5 of the Act, notice of such hearing was published once at least five days prior to the hearing in Chino Valley Champion , a local newspaper of general circulation in the City; and
WHEREAS, good faith estimates of certain i nformation relating to the Bond are disclosed and set forth in Exhibit A attached to this Resolution as required by California Government Code Section 5852.1; such estimates were provided by KNN Public Finance, LLC, the City’s Municipal Advisor; and
WHEREAS, the City Council has been presented with the form of each document referred to herein, and the City Council has examined and approved each document and desires to authorize and direct the execution of such documents and the consummation of such financing; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have ha ppened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
Section 1. Each of the above recitals is true and correct. Following a duly noticed public hearing, the City Council hereby approves the financing of the Project and further finds and determines that there are significant public benefits to the citizens of the City through the issuance of the Bond and execution an d delivery of the Ground Lease and Lease Agreement pursuant to the Act and otherwise hereunder within the meaning of Section 6586(a) through (d), inclusive, of the Act, in that the delivery of the Bond and related transactions will result in demonstrable savings in effective interest rate to the City and enable the City to undertake the Project on a timely basis, and provide a more efficient delivery of public safety services to the community.
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3 Section 2. The forms of the Ground Lease and Lease Agreement, on file with the City Clerk, are hereby approved, and the Mayor, the Mayor Pro Tempore, the City Manager, the Director of Finance, and the City Clerk, and each of their authorized designees (the “Authorized Officers”), are each hereby authorized and directed, for and i n the name and on behalf of the City, to execute and deliver the Ground Lease and Lease Agreement in substantially said forms, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the interest rate used to determine the interest components of the Base Rental Payments shall not exceed 4.50% per annum exclusive of any increase in such rate resulting from the occurrence of an Event of Default or Event of Taxability (as such terms are defined in the Indenture) . In the event that it is determined by the Director of Finance, or her designee, that there are limitations or restrictions on the ability of the City to lease or sublease any portion of the Leased Asset as contemplated by the Ground Lease and Lease Agreement or that other City -owned property would be more appropriate to use as Leased Asset under th e Ground Lease and the Lease Agreement , the Director of Finance , or h er designee, is hereby expressly authorized to designate other or additional real property of the City to be leased or subleased pursuant to the Ground Lease and Lease Agreement, with such designation to be conclusively evidenced by the execution and delivery of the Ground Lease and Lease Agreement by an Authorized Officer.
Section 3. The form of Indenture, on file with the City Clerk, is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Indenture in subs tantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the principal amount of the Bond shall not exceed $3,500,000, and the interest cost applicable to the Bond shall not exceed 4.50% per annum exclusive of any increase in such rate resulting from the occurrence of an Event of Default or Event of Taxability (as such terms are defined in the Indenture).
Section 4. The issuance by the Authority of not to exceed $ 3,500,000 principal amount of the Bond, in one or more subseries, on a taxable or tax-exempt basis, in the principal amounts, bearing interest at the rates and maturing on the dates as specified in the Indenture as finally executed, is hereby approved.
Section 5. The form of Supplemental Agreement between the City and the Purchaser, on file with the City Clerk, is hereby approved. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the P Supplemental Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.
Section 6. The form of the term sheet presented by the Purchaser to the Authority and the City (the “Term Sheet”), on file with the City Clerk, is hereby approved. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Term Sheet, if required by the Purchaser, in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or app roval to be conclusively evidenced by the execution and delivery thereof.
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4 Section 7. The form of Placement Agent Agreement among the City, the Authority, and Raymond James & Associates, Inc., as placement agent (“Placement Agent Agreement”), on file with the City Cl erk, is hereby approved. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Placement Agent Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.
Section 8. The sale and issuance of the Bond and execution and delivery of the Lease Agreement is hereby determined to be consistent with the City’s Debt Management Policy and to the extent the sale and issuance of the Bond is not in compliance with the City’s Debt Management Policy, such noncompliance is waived in accordance with the term s of the City’s Debt Management Policy. The City further instructs Anzel Galvan LLP, as Bond Counsel, on behalf of the City, with respect to the Bond and the Lease Agreement described in this Resolution, (a) to cause notices of the proposed sale and final sale of the Bond and the Lease Agreement to be filed in a timely manner with the California Debt and Investment Advisory Commission (“CDIAC”) pursuant to Government Code Section 8855, and (b) to certify to CDIAC, on behalf of the City, that the City’s Debt Management Policy complies with Government Code Section 8855(i) in the notice of proposed sale filed pursuant to Government Code Section 8855.
Section 9. Anzel Galvan LLP is hereby approved and appointed as Bond Counsel, KNN Public Finance, LLC , is hereby approved a nd appointed as Municipal Advisor, and The Bank of New York Mellon Trust Company, N.A. is hereby appointed as Trustee, each to provide such services to the City and any other related services as may be required to issue the Bond.
Section 10. The City hereby declares i ts intention to cause the enter into the Lease Agreement and to cause the Authority to issue the Bond in a principal amount not to exceed $3,500,000, the proceeds of which will be used to pay for the costs of the Project (and related issuance costs), inclu ding the reimbursement to the Authority and the City for certain capital expenditures relating to the Project made prior to the issuance of the Bond from legally available moneys of the City, including moneys in the City’s General Fund. This Resolution is intended as a declaration of official intent (“Declaration”) to reimburse in accordance with the requirements of Treasury Regulation Section 1.150 -2. This Declaration is not being declared as a matter of course or in amounts substantially in excess of the amounts expected to be necessary costs of the Project.
Section 11. The officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to consummate the transact ions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, including, but not limited to, taking such actions and executing such instruments as may be necessary or appropriate to remove encumbrances and clear title to the Leased Asset. All actions heretofore taken by the officers, employees and agents of the City with respect to the transactions set forth above are hereby approved, confirmed and ratified.
Section 12. The City Clerk shall certify to the pas sage and adoption of this Resolution, and the same shall thereupon take effect and be in force. 1270
5 PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2026.
Eunice M. Ulloa, Mayor
ATTEST:
Natalie Gonzaga, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga , City Clerk , City of Chino , do hereby certify that the foregoing Resolution No. 2026 -___ was duly adopted by the City Council of the City of Chino, at the regular meeting on the ___ day of _______ 2026 and was approved by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Natalie Gonzaga, City Clerk
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A-1
EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bond in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the City’s Municipal Advisor, KNN Public Finance, LLC.
Principal Amount. The Municipal Advisor has informed the City that, based on the City’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bond to be issued and sold is $3,225,000 (the “Estimated Principal Amount”).
True Interest Cost of the Bond . The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bond, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bond, is 4.25%.
Finance Charge of the Bond . The Municipal Advisor has in formed the City that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bond, which means the sum of all fees and charges paid to third parties (or costs associated with the Bond), is $125,000.
Amount of Proceeds to be Received . The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bond is i ssued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for sale of the Bond, less the finance charge of the Bond, as e stimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bond, is $3,100,000.
Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the Bond, plus the finance charge for the Bond, as described above, not paid with the proceeds of the Bond, calculated to the final maturity of the Bond, is $4,459,191.15, which excludes any reserves or capitalized interest paid or funded with proceeds of the Bond (which may offset such total payment amount).
The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the Bond issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Bond being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bond issued and sold being different from the Estimated Principal Amount, (c) the actual amortization of the Bond being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Bond being different than those 1272
A-2
estimated for purposes of such estimates, (e) other market conditions, (f) alterations to the City’s financing plan, or a combination of such factors.
1273
CITY OF CHINO PUBLIC FINANCING AUTHORITY
RESOLUTION NO. FA 2026-001
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF CHINO
PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND
DELIVERY OF A GROUND LEASE, LEASE AGREEMENT, INDENTURE,
ASSIGNMENT AGREEMENT, TERM SHEET, AND PLACEMENT AGENT
AGREEMENT IN CONNECTION WITH THE ISSUANCE OF THE CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND ,
AUTHORIZING THE ISSUANCE OF SUCH BOND IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $3,500,000, AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND
RELATED ACTIONS
WHEREAS, the City of Chino Public Financing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing pursuant to the laws of the State of California and that certain Joint Exercise of Powers Agreement, dated as of December 1, 1998, between the City of Chino, California (the “City”) and the Successor Agency to the Redevelopment Agency of the City of Chino, as successor to the form er Redevelopment Agency of the City of Chino (the “Joint Powers Agreement”); and WHEREAS, pursuant to the Joint Powers Agreement and Section 6588(h) of the Marks- Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code (the “Act”), the Authority has the legal authority to lease and sublease lands, structures, real or personal property, and other intere sts in lands that are located within the State of California that the Authority determines are necessary or convenient for the financing of public capital improvements, or any portion thereof; and WHEREAS, the City and the Authority desire to finance all o r a portion of the costs to acquire real property located at 13272 6th Street, Chino, California and related project costs (the “Project”); and
WHEREAS, the City is a member of the Authority, and the Project is located within the boundaries of the City; and
WHEREAS, the Authority and the City have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond ” (the “Bond”) for the purpose of financing all or a portion of the Project; and WHEREAS, to facilitate the issuance of the Bond, the City and the Authority desire to enter into a Ground Lease between the City and the Authority (the “Ground Lease”) pursuant to which the City will lease certain real property, which real property shall initially consist of the Senior Center located at 13170 Central Avenue , Chino, California (the “Leased Asset”), to the Authority, and a Lease Agreement between the City and the A uthority (the “Lease Agreement”), pursuant to which the City will lease the Leased Asset back from the Authority, and pay certain Base Rental Payments (as defined in the Lease Agreement), which will be pledged to the owners of the Bond by the Authority pur suant to an Indenture by and among The Bank of New 1274
2 York Mellon Trust Company, N.A. (the “Trustee”), the City and the Authority (the “Indenture”); and
WHEREAS, the Authority and the Trustee desire to enter into an Assignment Agreement to provide, among othe r things, that all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to the Trustee; and WHEREAS, following distribution to various direct placement banks of a request for proposals, the City and the Authority have been presented with a term sheet from BMO Bank N.A. (together with any affiliates thereof, the “Purchaser”), pursuant to which the Purchaser has offered to purchase the Bond through a direct placement; and WHEREAS, the City and the Authority have determined that a direct placement sale of the Bond to the Purchaser will result in a significa nt public benefit to the City, taking into consideration the expected lower administrative expenses and the ability to facilita te a more efficient and timely closing than a public sale; and
WHEREAS, the Authority will issue the Bond pursuant to the Act; and WHEREAS, the City has, prior to the consideration of this Resolution, held a public hearing on the financing of the Project i n accordance with Section 6586.5 of the Act, which hearing was held at 13220 Central Avenue, Chino, California on July 7, 2026; and WHEREAS, in accordance with Section 6586.5 of the Act, notice of such hearing was published once at least five days prior to the hearing , on June 27, 2026, in Chino Valley Champion, a local newspaper of general circulation in the City; and WHEREAS, good faith estimates of certain information relating to the Bond are disclosed and set forth in Exhibit A attached to this Resoluti on as required by California Government Code Section 5852.1; such estimates were provided by KNN Public Finance, LLC, the Authority’s Municipal Advisor; and
WHEREAS, the Board of Directors of the Authority (the “Board of Directors”) has been presented with the form of each document referred to herein, and the Board of Directors has examined and approved each document and desires to authorize and direct the execution of such documents and the consummation of such financing; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and have been performed in reg ular and due time, form and manner as required by law, and the Authority is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE CITY OF CHINO PUBLIC FINANCING AUTHORITY, HEREBY RESOLVES AS FOLLOWS:
Section 1. Each of the above recitals is true and correct . The Board of Directors of the Authority has determined and hereby finds that the Authority’s as sistance in financing the Project by the issuance of the Bond and related transactions will result in significant public benefits of the type described in Section 6586 (a) through (d), inclusive, of the Act. 1275
3 Section 2. The forms of the Ground Lease and the Lease Agreement, on file with the Secretary of the Authority, are hereby approved, and the Chair and Vice Chair, and each of their authorized designees (the “Authorized Officers”), are each hereby authorized and directed, and the Secretary shall attest thereto, for and in the name and on behalf of the Authority, to execute and deliver the Ground Lease and the Lease Agreement , respectively, in substantially said forms, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however , that the interest rate used to determine the interest components of the Base Rental Payments shall not exceed 4.50% per annum exclusive of any increase in such rate resulting from the occurrence of an Event of Default or Event of Taxability (as such terms are defined in the Indenture) . In the event that it is determined by the Treasurer, or h er designee, that there are limitations or restrictions on the ability of the City to lease or sublease any portion of the Leased Asset as contemplated by the Ground Lease , and Lease Agreement, or that other City -owned property would be more appropriate to u se as Leased Asset under the Ground Lease and the Lease Agreement , the Treasurer, or her designee, is hereby expressly authorized to designate other or additional real property of the City to be leased or subleased pursuant to the Ground Lease and Lease Agreement, with such designation to be conclusively evidenced by the execution and delivery of the Ground Lease and Lease Agreement by an Authorized Officer.
Section 3. The form of Indenture, on file with the Secretary of the Authority, is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Authority, and the Secretary shall attest thereto, to execute and deliver the Indenture in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the principal amount of the Bond shall not exceed $3,500,000, and the interest cost applicable to the Bond shall not exceed 4.50% per annum exclusive of any increase in such rate resulting from the occurrence of an Event of Default or Event of Taxability (as such terms are defined in the Indenture).
Section 4. The issuance of not to exceed $3,500,000 principal amount of the Bond, in one or more subseries, on a taxable or tax -exempt basis, in the principal amounts, bearing interest at the rates and maturing on the dates as specified in the Indenture as finally execute d, is hereby authorized and approved.
Section 5. The form of Assignment Agreement, on file with the Secretary of the Authority, is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Authority , and the Secretary shall attest thereto, to execute and deliver the Assignment Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.
Section 6. The form of the term sheet presented by the Purchaser to the Authority and the City (the “Term Sheet”), on file with the Secretary of the Authority, is hereby approved.
The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Term Sheet, and the Secretary shall attest thereto, if required by the Purchaser, in substantially said form, with s uch changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, 1276
4 such requirement or approval to be conclusively evidenced by the execution and delivery thereof.
Section 7. The form of Placement Agent Agreement among the City, the Authority, and Raymond James & Associates, Inc., as placement agent (“Placement Agent Agreement”), on file with the Secretary, is hereby approved. The Authorized Officers are each hereby authorized and directed, and the Secretary shall attes t thereto, for and in the name and on behalf of the Authority, to execute and deliver the Placement Agent Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.
Section 8. Anzel Galvan LLP is hereby approved and appointed as Bond Counsel, KNN Public Finance, LLC , is hereby approved and appointed as Municipal Advisor, an d The Bank of New York Mellon Trust Company, N.A., is hereby appointed as Trustee, each to provide such services to the Authority and any other related services as may be required to issue the Bond.
Section 9. The Authority’s financing described in this Resolution and its obligations under the Indenture and the Ground Lease as contemplated by this Resolution are in compliance with the Authority’s Debt Management Policy, and to the extent the sale and issuance of the Bond is not in compliance with the Debt Management Policy, such noncompliance is waived in accordance with the terms of the Debt Management Policy. The Authority further instructs Anzel Galvan LLP, as Bond Counsel, on behalf of the Authority, with respect to the Bond described in this Resolution, (a) to c ause notices of the proposed sale and final sale of the Bond to be filed in a timely manner with the California Debt and Investment Advisory Commission (“CDIAC”) pursuant to Government Code Section 8855, and (b) to certify to CDIAC , on behalf of the Author ity, that the Debt Management Policy complies with Government Code Section 8855(i) in the notice of proposed sale filed pursuant to Government Code Section 8855.
Section 10. The Authority hereby declares its intention to issue the Bond in a principal amount not to exceed $3,500,000, the proceeds of which will be used to pay for the costs of the Project (and related issuance costs), including the reimbursement to the Authority and the City for certain capital expenditures relating to the Project made prior to the issuan ce of the Bond from legally available moneys of the Authority or the City, including moneys in the City’s General Fund. This Resolution is intended as a declaration of official intent ( “Declaration”) to reimburse in accordance with the requirements of Treasury Regulation Section 1.150-2. This Declaration is not being declared as a matter of course or in amounts substantially in excess of the amounts expected to be necessary costs of the Project.
Section 11. The officers and agents of the Authority are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution , including, but not limited to, taking such actions and executing such instruments as may be necessary or appropriate to remove encumbrances and clear title to the Leased Asset . All actions heretofore taken by the officers and agents of the Authority with respect to the transactions set forth above are hereby approved, confirmed and ratified.
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5 Section 12. The Secretary of the Authority shall certify to the passage and adoption of this Resolution, and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2026.
Karen C. Comstock, Chair
ATTEST:
Natalie Gonzaga, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga, Secretary, City of Chino Public Financing Authority, do hereby certify that the foregoing Resolution No. 2026 -___ was duly adopted by the Board of Directors of the City of Chino Public Financing Authority, at the regular meeting on the ___ day of _______ 2026 and was approved by the following vote:
AYES: Board members:
NOES: Board members:
ABSENT: Board members:
ABSTAIN: Board members:
Natalie Gonzaga, Secretary
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EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bond in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the Authority by the Authority’s Municipal Advisor, KNN Public Finance, LLC.
Principal Amount. The Municipal Advisor has informed the Authority that, based on the Authority’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bond to be issued and sold is $3,225,000 (the “Estimated Principal Amount”).
True Interest Cost of the Bond . The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bond, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bond, is 4.25%.
Finance Charge of the Bond . The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparati on of such estimate, its good faith estimate of the finance charge for the Bond, which means the sum of all fees and charges paid to third parties (or costs associated with the Bond), is $125,000.
Amount of Proceeds to be Received . The Municipal Advisor ha s informed the Authority that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expecte d to be received by the Authority for sale of the Bond, less the finance charge of the Bond, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bond, is $3,100,000.
Total Payment Amount . The Municipal Advisor h as informed the Authority that, assuming that the Estimated Principal Amount of the Bond is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, whi ch means the sum total of all payments the Authority will make to pay debt service on the Bond, plus the finance charge for the Bond, as described above, not paid with the proceeds of the Bond, calculated to the final maturity of the Bond, is $4,459,191.15, which excludes any reserves or capitalized interest paid or funded with proceeds of the Bond (which may offset such total payment amount).
The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the Bond issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ f rom such good faith estimates due to (a) the actual date of the sale of the Bond being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bond issued and sold being different from the Estimated Principal Amou nt, (c) the actual amortization of the Bond being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Bond being different than those 1279
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estimated for purposes of such estimat es, (e) other market conditions, (f) alterations to the Authority’s financing plan, or a combination of such factors.
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Agenda Version
RECORDING REQUESTED BY: City of Chino, California AND WHEN RECORDED RETURN TO: Anzel Galvan LLP 595 Pacific Avenue, 4th Floor San Francisco, California 94133 Attention: Juan M. Galvan
[Space above for Recorder’s use.] THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11928 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. LEASE TERM LESS THAN 35 YEARS THE GRANTOR AND THE GRANTEE ARE GOVERNMENTAL AGENCIES. GROUND LEASE by and between CITY OF CHINO and CITY OF CHINO PUBLIC FINANCING AUTHORITY Dated as of July 1, 2026 Relating to $3,225,000 CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND 1281
GROUND LEASE THIS GROUND LEASE (this “Ground Lease”), executed and entered into as of July 1, 2026, is by and between the CITY OF CHINO (the “City”), a general law city and municipal corporation duly organized and existing under the laws of the State of California, as lessor, and the CITY OF CHINO PUBLIC FINANCING AUTHORITY (the “Authority”), a joint exercise of powers authority duly organized and existing under the laws of the State of California, as lessee. WITNESSETH: WHEREAS, the City and the Authority desire to finance all or a portion of the cost to acquire certain real property located at 13272 6th Street, Chino, California and related project costs (the “Project”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) for the purpose of financing the Project; WHEREAS, to facilitate the issuance of the Bond, the City will lease certain real property described in Exhibit A attached hereto and the improvements located thereon (the “Property”) to the Authority pursuant to this Ground Lease and the City will sublease the Property back from the Authority pursuant to the Lease Agreement dated as of the date hereof (the “Lease Agreement”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance all or a portion of the Project through the issuance by the Authority of the Bond payable from the base rental payments (the “Base Rental Payments”) to be made by the City under the Lease Agreement; WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide for the issuance of such Bond payable from the Base Rental Payments pursuant to an Indenture, dated as of the date hereof, by and among the Authority, the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”); WHEREAS, all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to the Trustee pursuant to an Assignment Agreement, dated as of the date hereof and recorded concurrently herewith (the “Assignment Agreement”); WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into of this Ground Lease do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Ground Lease; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
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2 ARTICLE I DEFINITIONS Except as otherwise defined herein, or unless the context clearly otherwise requires, words and phrases defined in the Lease Agreement shall have the same meaning in this Ground Lease. ARTICLE II LEASE OF THE PROPERTY; RENTAL Section 2.01 Lease of Property. The City hereby leases to the Authority, and the Authority hereby leases from the City, for the benefit of the Owners of the Bond, the Property, subject only to Permitted Encumbrances, to have and to hold for the term of this Ground Lease. Section 2.02 Rental. The Authority shall pay to the City as and for rental of the Property hereunder, the sum of $1.00, the receipt of which is hereby acknowledged. ARTICLE III QUIET ENJOYMENT The parties intend that the Property will be leased back to the City pursuant to the Lease Agreement for the term thereof. It is further intended that, to the extent provided herein and in the Lease Agreement, if an event of default occurs under the Lease Agreement, the Authority, or its assignee, will have the right, for the then remaining term of this Ground Lease to (a) take possession of the Property, subject to Permitted Encumbrances, (b) if it deems it appropriate, cause an appraisal of the Property and a study of the then reasonable use thereof to be undertaken, and/or (c) relet the Property. Subject to any rights the City may have under the Lease Agreement (in the absence of an event of default) to possession and enjoyment of the Property, the City hereby covenants and agrees that it will not take any action to prevent the Authority from having quiet and peaceable possession and enjoyment of the Property during the term hereof and will, at the request of the Authority and at the City’s cost, to the extent that it may lawfully do so, join in any legal action in which the Authority asserts its right to such possession and enjoyment. ARTICLE IV SPECIAL COVENANTS AND PROVISIONS Section 4.01 Waste. The Authority agrees that at all times that it is in possession of the Property, it will not commit, suffer or permit any waste on the Property, and that it will not willfully or knowingly use or permit the use of the Property for any illegal purpose or act. Section 4.02 Further Assurances and Corrective Instruments. The City and the Authority agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be or for carrying out the expressed intention of this Ground Lease, the Indenture and the Lease Agreement. 1283
3 Section 4.03 Waiver of Personal Liability. All liabilities under this Ground Lease on the part of the Authority shall be solely liabilities of the Authority as a joint exercise of powers authority, and the City hereby releases each and every member, director, officer, agent and employee of the Authority from any personal or individual liability under this Ground Lease. No member, director, officer, agent or employee of the Authority shall at any time or under any circumstances be individually or personally liable under this Ground Lease to the City or to any other party whomsoever for anything done or omitted to be done by the Authority hereunder. All liabilities under this Ground Lease on the part of the City shall be solely liabilities of the City as a public corporation, and the Authority hereby releases each and every member, officer and employee of the City from any personal or individual liability under this Ground Lease. No member, officer or employee of the City shall at any time or under any circumstances be individually or personally liable under this Ground Lease to the Authority or to any other party whomsoever for anything done or omitted to be done by the City hereunder. Section 4.04 Taxes. The City covenants and agrees to pay any and all assessments of any kind or character and also all taxes, including possessory interest taxes, levied or assessed upon the Property. Section 4.05 Right of Entry. The City reserves the right for any of its duly authorized representatives to enter upon the Property at any reasonable time to inspect the same. Section 4.06 Representations of the City. The City represents and warrants to the Authority and the Trustee as follows: (a) the City has the full power and authority to enter into, to execute and to deliver this Ground Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution of this Ground Lease; (b) except for Permitted Encumbrances, the Property is not subject to any dedication, easement, right of way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the use of the Property for governmental purposes as contemplated by the City; (c) all taxes, assessments or impositions of any kind with respect to the Property, except current taxes, have been paid in full; and (d) the Property is necessary to the City in order for the City to perform its governmental functions. Section 4.07 Representations of the Authority. The Authority represents and warrants to the City and the Trustee that the Authority has the full power and authority to enter into, to execute and to deliver this Ground Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution and delivery of this Ground Lease. 1284
4 ARTICLE V ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING Section 5.01 Assignment and Subleasing. This Ground Lease may be sold or assigned and the Property subleased, as a whole or in part, by the Authority without the necessity of obtaining the consent of the City, if an event of default occurs under the Lease Agreement. The Authority shall, within 30 days after such an assignment, sale or sublease, furnish or cause to be furnished to the City a true and correct copy of such assignment, sale or sublease, as the case may be. Section 5.02 Restrictions on City. The City agrees that, except with respect to Permitted Encumbrances, it will not mortgage, sell, encumber, assign, transfer or convey the Property or any portion thereof during the term of this Ground Lease. ARTICLE VI TERM; TERMINATION Section 6.01 Term. The term of this Ground Lease shall commence as of the date of commencement of the term of the Lease Agreement and shall remain in full force and effect from such date to and including the Termination Date, unless such term is extended or sooner terminated as hereinafter provided. Section 6.02 Extension; Early Termination. If, on the Termination Date, the Bond shall not be fully paid, or provision therefor made in accordance with Article X of the Indenture, or the Indenture shall not be discharged by its terms, or if the Rental Payments payable under the Lease Agreement shall have been abated at any time, then the term of this Ground Lease shall be automatically extended until the date upon which the Bond shall be fully paid, or provision therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, except that the term of this Ground Lease shall in no event be extended more than five (5) years. If, prior to the Termination Date, the Bond shall be fully paid, or provisions therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, the term of this Ground Lease shall end simultaneously therewith. ARTICLE VII MISCELLANEOUS Section 7.01 Binding Effect. This Ground Lease shall inure to the benefit of and shall be binding upon the City, the Authority and their respective successors and assigns. Section 7.02 Severability. In the event any provision of this Ground Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 7.03 Amendments, Changes and Modifications. This Ground Lease may be amended, changed, modified, altered or terminated only in accordance with the provisions of the Lease Agreement. 1285
5 Section 7.04 Assignment to Trustee. The Authority and City acknowledge that the Authority has assigned its right, title and interest in and to this Ground Lease (but none of its obligations and none of its rights to provide consents or approvals hereunder) to the Trustee pursuant to certain provisions of the Assignment Agreement. The City consents to such assignment. Section 7.05 Execution In Counterparts. This Ground Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 7.06 Applicable Law. This Ground Lease shall be governed by and construed in accordance with the laws of the State of California. Section 7.07 Captions. The captions or headings in this Ground Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Ground Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 1286
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IN WITNESS WHEREOF, the Authority and the City have caused this Ground Lease to be executed by their respective officers hereunto duly authorized, all as of the day and year first above written. CITY OF CHINO By: DR. LINDA REICH CITY MANAGER ATTEST: By: NATALIE GONZAGA CITY CLERK CITY OF CHINO PUBLIC FINANCING AUTHORITY By: DR. LINDA REICH EXECUTIVE DIRECTOR ATTEST: By: NATALIE GONZAGA SECRETARY 1287
CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the Property conveyed under the foregoing to the City of Chino Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors of the City of Chino Public Financing Authority, pursuant to authority conferred by resolution adopted at a regular meeting of said Board of Directors held on July 7, 2026, and the grantee consents to recordation thereof by its duly authorized officer. Dated: July 1, 2026 CITY OF CHINO PUBLIC FINANCING AUTHORITY By: DR. LINDA REICH EXECUTIVE DIRECTOR 1288
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to herein is situated in the State of California, County of San Bernardino, City of Chino and described as follows:
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Agenda Draft
LEASE AGREEMENT by and between CITY OF CHINO and CITY OF CHINO PUBLIC FINANCING AUTHORITY Dated as of July 1, 2026 Relating to $3,225,000 CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND 1293
TABLE OF CONTENTS Page
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ARTICLE I DEFINITIONS ................................................................................................................... 2 Section 1.01 Definitions. ............................................................................................................. 2 ARTICLE II LEASE OF PROPERTY; TERM ..................................................................................... 4 Section 2.01 Lease of Property. ................................................................................................... 4 Section 2.02 Term; Occupancy. ................................................................................................... 4 ARTICLE III RENTAL PAYMENTS ................................................................................................... 5 Section 3.01 Base Rental Payments. ............................................................................................ 5 Section 3.02 Additional Rental Payments. .................................................................................. 5 Section 3.03 Fair Rental Value. ................................................................................................... 6 Section 3.04 Payment Provisions. ................................................................................................ 6 Section 3.05 Appropriations Covenant. ....................................................................................... 6 Section 3.06 Rental Abatement. .................................................................................................. 7 ARTICLE IV ACQUISITION OF THE PROJECT .............................................................................. 7 Section 4.01 Deposit of Bond Proceeds; City Deposit. ............................................................... 7 Section 4.02 Acquisition of the Project. ...................................................................................... 7 Section 4.03 Payment of Costs. ................................................................................................... 7 Section 4.04 Time of Acquisition. ............................................................................................... 8 Section 4.05 Payment of Project Costs. ....................................................................................... 8 ARTICLE V MAINTENANCE, ALTERATIONS AND ADDITIONS ............................................... 8 Section 5.01 Modification of the Property. .................................................................................. 8 Section 5.02 Maintenance and Utilities. ...................................................................................... 8 Section 5.03 Installation of City’s Equipment. ............................................................................ 8 ARTICLE VI INSURANCE .................................................................................................................. 9 Section 6.01 Commercial General Liability and Property Damage Insurance; Workers’ Compensation Insurance. ........................................................................................ 9 Section 6.02 Title Insurance. ..................................................................................................... 10 Section 6.03 Additional Insurance Provision; Form of Policies. ............................................... 10 Section 6.04 Self-Insurance. ...................................................................................................... 10 ARTICLE VII DEFAULTS AND REMEDIES .................................................................................. 11 Section 7.01 Defaults and Remedies. ........................................................................................ 11 Section 7.02 Waiver. .................................................................................................................. 14 ARTICLE VIII EMINENT DOMAIN; PREPAYMENT .................................................................... 14 Section 8.01 Eminent Domain. .................................................................................................. 14 Section 8.02 Optional Prepayment. ........................................................................................... 14 ARTICLE IX COVENANTS AND REPRESENTATIONS ............................................................... 15 Section 9.01 Right of Entry. ...................................................................................................... 15 Section 9.02 Liens. ..................................................................................................................... 15 Section 9.03 Quiet Enjoyment. .................................................................................................. 15 Section 9.04 Authority Not Liable. ............................................................................................ 15 Section 9.05 Assignment and Subleasing. ................................................................................. 16 1294
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Section 9.06 Title to Property. ................................................................................................... 16 Section 9.07 Authority’s Purpose. ............................................................................................. 16 ARTICLE X NO CONSEQUENTIAL DAMAGES; USE OF THE PROPERTY; SUBSTITUTION OR RELEASE ......................................................................... 17 Section 10.01 No Consequential Damages. ................................................................................. 17 Section 10.02 Use of the Property. .............................................................................................. 17 Section 10.03 Substitution or Release of the Property. ............................................................... 17 ARTICLE XI MISCELLANEOUS ..................................................................................................... 18 Section 11.01 Law Governing. .................................................................................................... 18 Section 11.02 Notices. ................................................................................................................. 18 Section 11.03 Validity and Severability. ..................................................................................... 18 Section 11.04 Net-Net-Net Lease. ............................................................................................... 18 Section 11.05 Taxes. .................................................................................................................... 19 Section 11.06 Section Headings. ................................................................................................. 19 Section 11.07 Amendments. ........................................................................................................ 19 Section 11.08 Assignment. .......................................................................................................... 19 Section 11.09 Execution. ............................................................................................................. 19 Signatures .................................................................................................................................... S-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY ...................................................... A-1 EXHIBIT B BASE RENTAL PAYMENT SCHEDULE ............................................................. C-1 1295
1 LEASE AGREEMENT THIS LEASE AGREEMENT (this “Lease Agreement”) executed and entered into as of July 1, 2026, is by and between the CITY OF CHINO (the “City”), a general law city and municipal corporation duly organized and existing under the laws of the State of California, as lessee, and the CITY OF CHINO PUBLIC FINANCING AUTHORITY (the “Authority”), a joint exercise of powers authority duly organized and existing under and by virtue of the laws of the State of California, as lessor. RECITALS WHEREAS, the City and the Authority desire to finance all or a portion of the cost to acquire certain real property located at 13272 6th Street, Chino, California and related project costs (the “Project”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) for the purpose of financing the Project; WHEREAS, to facilitate the issuance of the Bond, the City will lease certain real property described in Exhibit A attached hereto and the improvements located thereon (the “Property”) to the Authority pursuant to a Ground Lease, dated as of the date hereof, and the City will sublease the Property back from the Authority pursuant to this Lease Agreement; WHEREAS, the City and the Authority desire to provide for the issuance of the Bond pursuant to an Indenture, dated as of the date hereof, by and among the Authority, the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”); WHEREAS, the Bond is payable from base rental payments (the “Base Rental Payments”) to be made by the City hereunder; WHEREAS, all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to the Trustee pursuant to an Assignment Agreement, dated as of the date hereof, between the Trustee and the Authority; and WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into of this Lease Agreement do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Lease Agreement; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
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2 ARTICLE I DEFINITIONS Section 1.01 Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease Agreement, have the meanings herein specified, which meanings shall be equally applicable to both the singular and plural forms of any of the terms herein defined. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Indenture. “Additional Rental Payments” means all amounts payable by the City as Additional Rental Payments pursuant to Section 3.02 hereof. “Authority” means the City of Chino Public Financing Authority, a joint exercise of powers authority that is duly organized and existing under the laws of the State of California. “Base Rental Deposit Date” means the fifth (5th) Business Day next preceding each Interest Payment Date. “Base Rental Payments” means all amounts payable to the Authority from the City as Base Rental Payments pursuant to Section 3.01 hereof. “Base Rental Payment Schedule” means the schedule of Base Rental Payments payable to the Authority from the City pursuant to Section 3.01 hereof and attached hereto as Exhibit C. “Bond” means the City of Chino Public Financing Authority 2026 Lease Revenue Bond. “City” means the City of Chino, a general law city and municipal corporation duly organized and existing under the laws of the State of California. “Closing Date” means July 16, 2026. “Costs” means, with respect to the Project, together with any other proper item of cost not specifically mentioned herein, (a) costs of payment of, or reimbursement for acquisition and financing of the Project, including, but not limited to, the payment of real property rental, administrative costs and capital expenditures relating to acquisition, and demolition, inspection costs, filing and recording costs, printing costs, reproduction and binding costs, fees and charges of the Trustee pursuant to the Indenture and other financing documents, legal fees and charges, financial, accounting and other professional consultant fees, costs of rating agencies or credit ratings, fees for the printing, execution, transportation and safekeeping of the Bond, and all other Costs of Issuance; (b) all other costs which the City shall be required to pay under the terms of any contract or contracts for the acquisition of the Project, including, but not limited to, the cost of insurance; (c) any sums required to reimburse the City for advances made for any of the above items, or for any other costs incurred and for work done, which is properly chargeable to the Project; (d) any costs paid from the Net Insurance Proceeds to repair, restore or replace the Project; and (e) such other expenses not specified herein as may be necessary or incidental to the acquisition of the Project, the financing thereof and the placing of the same in use and operation. Costs, as defined herein, shall be deemed to include the cost and expenses incurred by any agent of the City for any of the above-mentioned items. 1297
3 “Fiscal Year” means, when used with respect to the City, a period beginning on July 1 in any year and ending on June 30 of the following year or such other twelve-month period as may be adopted by the City in accordance with law. “Ground Lease” means the Ground Lease, dated as of the date hereof, by and between the City and the Authority, as originally executed and as it may from time to time be amended in accordance with to the provisions thereof and hereof. “Indenture” means the Indenture, dated as of the date hereof, by and among the Authority, the City and the Trustee, as originally executed and as it may from time to time be amended or supplemented in accordance with the provisions thereof. “Joint Powers Agreement” means the Joint Exercise of Powers Agreement, dated as of December 1, 1998, between the City and the Successor Agency to the Redevelopment Agency of the City of Chino, as successor to the form Redevelopment Agency of the City of Chino, as originally executed and as it may from time to time be amended in accordance with the provisions thereof. “Lease Agreement” means this Lease Agreement, as originally executed and as it may from time to time be amended in accordance with the provisions hereof. “Net Insurance Proceeds” means any insurance proceeds or condemnation award in excess of $50,000 paid with respect to any of the Property, remaining after payment therefrom of all reasonable expenses incurred in the collection thereof. “Permitted Encumbrances” means, with respect to the Property, as of any particular time, (a) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the City may, pursuant to provisions of Article VI hereof, permit to remain unpaid, (b) the Assignment Agreement, (c) this Lease Agreement, (d) the Ground Lease, (e) any right or claim of any mechanic, laborer, materialman, supplier or vendor not filed or perfected in the manner prescribed by law as normally exist with respect to properties similar to the Property for the purposes for which it was acquired or is held by the City, (f) easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions which exist of record as of the Closing Date which the City certifies in writing will not affect the intended use of the Property or impair the security granted to the Trustee for the benefit of the Owner of the Bond by the Indenture and the Assignment Agreement and to which the Authority and the City consent in writing, and (g) easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions established following the Closing Date which the City certifies in writing do not affect the intended use of the Property or impair the security granted to the Trustee for the benefit of the Owner of the Bond by the Indenture and the Assignment Agreement and to which the Authority and the City consent in writing,. “Project” is defined in the Recitals. The City may add, delete or substitute other improvements for components of the Project described in Exhibit B by filing with the Authority and Trustee a Certificate of the City stating that such addition, deletion, or substitution shall not cause the City to violate any of its covenants, representations and warranties made in this Lease Agreement, the Indenture, or the Tax Certificate. 1298
4 “Property” means the real property and improvements located thereon owned by the City and described in Exhibit A attached hereto and incorporated herein, commonly referred to as the Senior Center. “Rental Payments” means, collectively, the Base Rental Payments and the Additional Rental Payments. “Rental Period” means the twelve-month period commencing on October 1 of each year during the term of this Lease Agreement; provided that the first Rental Period shall be the period from the Closing Date through September 30, 2027. “Termination Date” means October 1, 2041, unless extended or sooner terminated as provided in Section 2.02 hereof. “Trustee” means the trustee appointed under the Indenture and referred to therein as the Trustee. ARTICLE II LEASE OF PROPERTY; TERM Section 2.01 Lease of Property. (a) The Authority hereby leases to the City and the City hereby leases from the Authority the Property, on the terms and conditions hereinafter set forth, subject to all Permitted Encumbrances. (b) The leasing of the Property by the City to the Authority pursuant to the Ground Lease shall not effect or result in a merger of the City’s leasehold estate pursuant to this Lease Agreement and its fee estate as lessor under the Ground Lease, and the Authority shall continue to have a leasehold estate in the Property pursuant to the Ground Lease throughout the term thereof and hereof. The leasehold interest granted by the City to the Authority pursuant to the Ground Lease is and shall be independent of this Lease Agreement; this Lease Agreement shall not be an assignment or surrender of the leasehold interest granted to the Authority under the Ground Lease. Section 2.02 Term; Occupancy. The term of this Lease Agreement shall commence on the Closing Date and shall end on the Termination Date, unless such term is extended or sooner terminated as hereinafter provided. If on the Termination Date the Bond shall not be fully paid, or provision therefor made in accordance with Article X of the Indenture, or the Indenture shall not be discharged by its terms, or if the Rental Payments shall remain due and payable or shall have been abated at any time and for any reason remain due and owing, then the term of this Lease Agreement shall be extended until the date upon which (i) the Bond shall be fully paid, or provision therefor made in accordance with Article X of the Indenture or (ii) the Indenture shall be discharged by its terms and all Rental Payments shall have been paid in full. Notwithstanding the foregoing, the term of this Lease Agreement shall in no event be extended more than five (5) years beyond the Termination Date, such extended date being the “Maximum Lease Term.” If prior to the Termination Date, the Bond shall be fully paid, or provision therefor made in accordance with Article X of the Indenture, the Indenture shall be discharged by its terms and all Rental Payments 1299
5 shall have been paid in full, and the term of this Lease Agreement shall end simultaneously therewith. ARTICLE III RENTAL PAYMENTS Section 3.01 Base Rental Payments. (a) Subject to the provisions hereof relating to a revision of the Base Rental Payment Schedule pursuant to subsection (b) of this Section, the City shall pay to the Authority, as Base Rental Payments (subject to the provisions of Section 3.06 and Article VIII hereof) the amount at the times specified in the Base Rental Payment Schedule, a portion of which Base Rental Payments shall constitute principal, and a portion of which shall constitute interest. Rental Payments, including Base Rental Payments, shall be paid by the City to the Authority for and in consideration of the right to use and occupy the Property and in consideration of the continued right to the quiet use and enjoyment thereof during each Rental Period for which such Rental Payments are to be paid. The obligation of the City to make the Base Rental Payments does not constitute a debt of the City or of the State of California, or of any political subdivision thereof, within the meaning of any constitutional or statutory debt limit or restriction, and does not constitute an obligation for which the City or the State of California is obligated to levy or pledge any form of taxation or for which the City or the State of California has levied or pledged any form of taxation. (b) If the term of this Lease Agreement shall have been extended pursuant to Section 2.02 hereof, the obligation of the City to pay Rental Payments shall continue to and including the Base Rental Deposit Date preceding the date of termination of this Lease Agreement (as so extended pursuant to Section 2.02 hereof). Upon such extension, the Base Rental Payments shall be established so that they will be sufficient to pay all extended and unpaid Base Rental Payments; provided, however, that the Rental Payments payable in any Rental Period shall not exceed the annual fair rental value of the Property. Section 3.02 Additional Rental Payments. The City shall also pay, as Additional Rental Payments, such amounts as shall be required for the payment of the following: (a) all taxes and assessments of any type or nature charged to the Authority or the City or affecting the Property or the respective interests or estates of the Authority or the City therein; (b) all reasonable administrative costs of the Authority relating to the Property including, but without limiting the generality of the foregoing, salaries, wages, fees and expenses, compensation and indemnification of the Trustee payable by the Authority under the Indenture, fees of auditors, accountants, attorneys or engineers, and all other necessary and reasonable administrative costs of the Authority or charges required to be paid by it in order to maintain its existence or to comply with the terms of the Indenture or this Lease Agreement or to defend the Authority and its members, officers, agents and employees; (c) insurance premiums for all insurance required pursuant to Article VI hereof; 1300
6 (d) any amounts with respect to this Lease Agreement or the Bond required to be rebated to the federal government in accordance with Section 148(f) of the Code; and (e) all other payments required to be paid by the City under the provisions of this Lease Agreement or the Indenture. Amounts constituting Additional Rental Payments payable hereunder shall be paid by the City directly to the person or persons to whom such amounts shall be payable. The City shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within 60 days after notice in writing from the Trustee to the City stating the amount of Additional Rental Payments then due and payable and the purpose thereof. Section 3.03 Fair Rental Value. The parties hereto have agreed and determined that the annual fair rental value of the Property is not less than the maximum annual Rental Payments due in any year. In making such determination of fair rental value, consideration has been given to the uses and purposes that may be served by the Property and the benefits therefrom which will accrue to the City and the general public. Payments of the Rental Payments for the Property during each Rental Period shall constitute the total rental for said Rental Period. Section 3.04 Payment Provisions. Each installment of Base Rental Payments payable hereunder shall be paid in lawful money of the United States of America to or upon the order of the Authority at the principal office of the Trustee in Los Angeles, California, or such other place or entity as the Authority or Trustee shall designate. Each Base Rental Payment shall be deposited with the Trustee no later than the Base Rental Deposit Date preceding the Interest Payment Date on which such Base Rental Payment is due. In the event the Owner of the Bond exercises its option to increase the interest rate on the Bond to the Default Rate upon the occurrence and continuation of an Event of Default pursuant to Section 2.02(b) of the Indenture, the interest component of the Base Rental Payments shall accrue at the Default Rate so that the interest component of the Base Rental Payments matches the interest accruing on the Bond; provided, however, from and after the Date of Taxability following a Determination of Taxability, the interest component of the Base Rental Payments shall accrue at the Taxable Rate so that the interest component of the Base Rental Payments matches the interest accruing on the Bond. Notwithstanding any dispute between the Authority and the City, the City shall make all Rental Payments when due without deduction or offset of any kind and shall not withhold any Rental Payments pending the final resolution of such dispute. In the event of a determination that the City was not liable for said Rental Payments or any portion thereof, said payments or excess of payments, as the case may be, shall be credited against subsequent Rental Payments due hereunder or refunded at the time of such determination. Amounts required to be deposited by the City with the Trustee pursuant to this Section on any date shall be reduced to the extent of available amounts on deposit in the Base Rental Payment Fund, the Interest Fund or the Principal Fund. For the avoidance of doubt, the City’s obligation to pay the Base Rental Payments, as adjusted by the Default Rate or Taxable Rate, shall in all events be subject to abatement as provided in Section 3.06. Section 3.05 Appropriations Covenant. The City covenants to take such action as may be necessary to include all Rental Payments due hereunder as a separate line item in its annual budgets and to make necessary annual appropriations for all such Rental Payments. The City will deliver to the Authority and the Trustee a Certificate of the City stating that its final annual budget includes all Base Rental Payments due in the fiscal years addressed in such budget within ten days after the filing or adoption thereof. The covenants on the part of the City herein contained shall be 1301
7 deemed to be and shall be construed to be duties imposed by law and it shall be the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Lease Agreement agreed to be carried out and performed by the City. Section 3.06 Rental Abatement. Except as otherwise specifically provided in this Section, during any period in which, by reason of material damage to, or destruction or condemnation of, the Property, or any defect in title to the Property, there is substantial interference with the City’s right to use and occupy any portion of the Property, Rental Payments shall be abated proportionately, and the City waives the benefits of Civil Code Sections 1932(1), 1932(2) and 1933(4) and any and all other rights to terminate this Lease Agreement by virtue of any such interference, and this Lease Agreement shall continue in full force and effect. The amount of such abatement shall be agreed upon by the City and the Authority; provided, however, that the Rental Payments due for any Rental Period shall not exceed the annual fair rental value of that portion of the Property available for use and occupancy by the City during such Rental Period. The City and the Authority shall calculate such abatement and shall provide the Trustee with a certificate setting forth such calculation and the basis therefor. Such abatement shall continue for the period commencing with the date of interference resulting from such damage, destruction, condemnation or title defect and, with respect to damage to or destruction of the Property, ending with the substantial completion of the work of repair or replacement of the Property, or the portion thereof so damaged or destroyed; and the term of this Lease Agreement shall be extended as provided in Section 2.02 hereof, except that the term shall in no event be extended beyond the Maximum Lease Term. Notwithstanding the foregoing, to the extent that moneys are available for the payment of Rental Payments in any of the funds and accounts established under the Indenture or proceeds of the rental interruption insurance required by section 6.01(d) hereof are available, Rental Payments shall not be abated as provided above but, rather, shall be payable by the City as a special obligation payable solely from said funds, accounts, and proceeds. ARTICLE IV ACQUISITION OF THE PROJECT Section 4.01 Deposit of Bond Proceeds; City Deposit. Upon the issuance of the Bond, the Authority agrees that all proceeds of the Bond shall be paid to the Trustee and that such moneys shall be deposited with the Trustee and be applied as provided in Section 3.02 of the Indenture Section 4.02 Acquisition of the Project. The City agrees to acquire the Project to be financed with the proceeds of the Bond, or to cause such portion to be acquired with the proceeds of Bond paid to the City by the Authority pursuant to Section 4.01 above and the Authority shall have no responsibility with respect thereto. Section 4.03 Payment of Costs. Payment of Costs shall be made from the moneys deposited with the Trustee in the Project Fund as provided in Section 4.01 hereof and Section 3.05 of the Indenture, which shall be disbursed from the Project Fund in accordance and upon compliance with Section 3.05 of the Indenture. 1302
8 Section 4.04 Time of Acquisition. The Project will be acquired prior to August 1, 2026, subject to excused delays pursuant to standard City procedures. Section 4.05 Payment of Project Costs. The City agrees to oversee the acquisition of the Project in accordance with the following terms: (a) Payment of Costs of the Project. Payment of the portion of the Costs of the Project being financed by the City shall be made from moneys deposited in the Project Fund, and shall be disbursed for such purpose in accordance and upon compliance with the Indenture. Neither the Authority nor the City shall be liable for the payment of Costs of the Project other than from amounts on deposit in the Project Fund; and (b) Unexpended Monies. The City agrees that unexpended moneys remaining in the Project Fund shall, upon payment in full of all Costs of the Project, be applied solely in accordance with the provisions of the Indenture. ARTICLE V MAINTENANCE, ALTERATIONS AND ADDITIONS Section 5.01 Modification of the Property. Subject to Section 9.02 hereof, the City shall, at its own expense, have the right to make additions, modifications, and improvements to any portion of the Property if such improvements are necessary or beneficial for the use of such portion of the Property. All such additions, modifications and improvements shall thereafter comprise part of the Property and be subject to the provisions of this Lease Agreement. Such additions, modifications and improvements shall not in any way cause an abatement of Rental Payments with respect to the Property or cause it to be used for purposes other than those authorized under the provisions of State and federal law; and the Property, upon completion of any additions, modifications and improvements made pursuant to this Section, shall have an annual fair rental value which is not less than the annual Rental Payments. Section 5.02 Maintenance and Utilities. Throughout the term of this Lease Agreement, as part of the consideration for rental of the Property, all improvement, repair and maintenance of the Property shall be the responsibility of the City, and the City shall pay for or otherwise arrange for the payment of all utility services supplied to the Property, which may include, without limitation, janitor service, security, power gas, telephone, light, heating, ventilation, air conditioning, water and all other utility services, and shall pay for or otherwise arrange for payment of the cost of the repair and replacement of the Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Rental Payments, the Authority agrees to provide only the Property. Section 5.03 Installation of City’s Equipment. The City and any sublessee may at any time and from time to time, in its sole discretion and at its own expense, install or permit to be installed items of equipment or other personal property in or upon the Property. All such items shall remain the sole property of the City or such sublessee, and neither the Authority nor the Trustee shall have any interest therein. The City or such sublessee may remove or modify such equipment or other personal property at any time, provided that such party shall repair and restore any and all damage to the Property resulting from the installation, modification or removal of any such items. Nothing in this Lease Agreement shall prevent the City or any sublessee from purchasing items to be installed 1303
9 pursuant to this Section under a conditional sale or lease purchase contract, or subject to a vendor’s lien or security agreement as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Property. ARTICLE VI INSURANCE Section 6.01 Commercial General Liability and Property Damage Insurance; Workers’ Compensation Insurance. (a) The City shall maintain or cause to be maintained, throughout the term of this Lease Agreement, a standard commercial general liability insurance policy or policies in protection of the City, the Authority and their respective members, officers, agents and employees. Said policy or policies shall provide for indemnification of said parties against direct or contingent loss or liability for damages for bodily and personal injury, death or property damage occasioned by reason of the use or ownership of the Property. Said policy or policies shall provide coverage in the minimum liability limits of $1,000,000 for personal injury or death of each person and $3,000,000 for personal injury or deaths of two or more persons in a single accident or event, and in a minimum amount of $500,000 for damage to property resulting from a single accident or event. Such commercial general liability and property damage insurance may, however, be in the form of a single limit policy in the amount of $3,000,000 covering all such risks. Such liability insurance may be maintained as part of or in conjunction with any other liability insurance coverage carried or required to be carried by the City, and may be maintained in whole or in part in the form of self-insurance by the City provided such self-insurance complies with the provisions of Section 6.04 hereof. The Net Insurance Proceeds of such liability insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the Net Insurance Proceeds of such insurance shall have been paid. (b) The City shall maintain or cause to be maintained, throughout the term of this Lease Agreement, workers’ compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the California Labor Code, or any act enacted as an amendment or supplement thereto or in lieu thereof, such workers’ compensation insurance to cover all persons employed by the City in connection with the Property and to cover full liability for compensation under any such act; provided, however, that the City’s obligations under this subsection may be satisfied by self-insurance, provided such self-insurance complies with the provisions of Section 6.04 hereof. (c) The City shall maintain or cause to be maintained, fire, lightning and special extended coverage insurance (which shall include coverage for vandalism and malicious mischief, but need not include coverage for earthquake damage) on all improvements constituting any part of the Property in an amount equal to the greater of 100% of the replacement cost of such improvements or 100% of the outstanding principal amount of the Bond. The City has an insurance policy which provides replacement cost coverage. All insurance required to be maintained pursuant to this subsection may be subject to a deductible in an amount not to exceed $500,000. The City’s obligations under this subsection may be satisfied by self-insurance, provided such self-insurance complies with the provisions of Section 6.04 hereof. 1304
10 (d) The City shall maintain rental interruption insurance to cover the Authority’s loss, total or partial, of Base Rental Payments resulting from the loss, total or partial, of the use of any part of the Property as a result of any of the hazards required to be covered pursuant to subsection (c) of this Section in an amount sufficient at all times to pay an amount not less than the product of two times the maximum amount of Base Rental Payments scheduled to be paid during any Rental Period. The City’s obligations under this subsection may be satisfied by self-insurance, provided such self-insurance complies with the provisions of Section 6.04 hereof. (e) The insurance required by this Section shall be provided by reputable insurance companies with claims paying abilities determined, in the reasonable opinion of a professionally certified risk manager or an independent insurance consultant, to be adequate for the purposes hereof. Section 6.02 Title Insurance. The City shall provide, at its own expense, one or more CLTA or ALTA title insurance policies for the Property, in the aggregate amount of not less than the initial principal amount of the Bond. Such policy or policies shall insure (a) the fee interest of the City in the Property, (b) the Authority’s ground leasehold estate in the Property under the Ground Lease, and (c) the City’s leasehold estate hereunder in the Property, subject only to Permitted Encumbrances. All Net Insurance Proceeds received under said policy or policies shall be deposited with the Trustee and applied as provided in Section 5.03 of the Indenture. So long as the Bond remains Outstanding, each policy of title insurance obtained pursuant to the Indenture or this Lease Agreement or required thereby or hereby shall provide that all proceeds thereunder shall be payable to the Trustee for the benefit of the Bond Owner. Section 6.03 Additional Insurance Provision; Form of Policies. The City shall pay or cause to be paid when due the premiums for all insurance policies required by Section 6.01 hereof. All such policies shall provide that the Trustee and the Original Purchaser (so long as the Original Purchaser is the Owner of the Bond) shall be given 30 days’ notice of the expiration thereof or any intended cancellation thereof. The Trustee shall be fully protected in accepting payment on account of such insurance or any adjustment, compromise or settlement of any loss agreed to by the Owner or the City. Section 6.04 Self-Insurance. Insurance provided through a California joint powers authority of which the City is a member or with which the City contracts for insurance shall be deemed to be self-insurance for purposes hereof. Any self-insurance maintained by the City pursuant to this Article shall comply with the following terms: (a) the self-insurance program shall be approved in writing by the City’s Risk Manager, a professionally certified risk manager, or an independent insurance consultant; (b) the self-insurance program shall include an actuarially sound claims reserve fund out of which each self-insured claim shall be paid, the adequacy of each such fund shall be evaluated on an annual basis by the City’s Risk Management Department, a professionally certified risk manager or an independent insurance consultant and any deficiencies in any self-insured claims reserve fund shall be remedied in accordance with the recommendation of the City’s Risk Management Department, a professionally certified risk manager or an independent insurance consultant, as applicable; and 1305
11 (c) in the event that the self-insurance program shall be discontinued, the actuarial soundness of its claims reserve fund, as determined by a professionally certified risk manager or by an independent insurance consultant, shall be maintained. ARTICLE VII DEFAULTS AND REMEDIES Section 7.01 Defaults and Remedies. (a) The occurrence of any of the following events (whatever the reason for such event and whether voluntary, involuntary, or effected by operation of law) shall be an “Event of Default” hereunder: (i) failure by the City (A) to pay any Rental Payment payable hereunder when the same becomes due and payable, time being expressly declared to be of the essence in this Lease Agreement, or (B) to keep, observe or perform any other term, covenant or condition contained herein or in the Indenture to be kept or performed by the City, (ii) the happening of any of the events specified in this subsection or in subsection (b) of this Section, or (iii) so long as the Original Purchaser is the Owner of the Bonds, the occurrence of an “Event of Default” as defined in the Supplemental Agreement. The City shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed, other than as referred to in clause (i)(A) or (ii) of the preceding sentence, unless the City shall have failed, for a period of 30 days or such additional time as is reasonably required to correct any such default after notice by the Authority to the City properly specifying wherein the City has failed to perform any such covenant, condition or agreement. Upon any such default, the Authority, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (1) To terminate this Lease Agreement in the manner hereinafter provided on account of default by the City, notwithstanding any re-entry or re-letting of the Property as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Property and remove all persons in possession thereof and all personal property whatsoever situated upon the Property and place such personal property in storage in any warehouse or other suitable place, for the account of and at the expense of the City. In the event of such termination, the City agrees to surrender immediately possession of the Property, without let or hindrance, and to pay the Authority all damages recoverable at law that the Authority may incur by reason of default by the City, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon the Property and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay Rental Payments or to deliver up possession of the Property given pursuant to law nor any entry or re-entry by the Authority nor any proceeding in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Property nor the appointment of a receiver upon initiative of the Authority to protect the Authority’s interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by the City shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Authority shall have given written notice to the City of the election on the part of the Authority to terminate this Lease Agreement. The City covenants and agrees that no surrender of the Property or of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated by the Authority by such written notice. 1306
12 (2) Without terminating this Lease Agreement, (x) to collect each installment of Rental Payments as the same become due and enforce any other terms or provisions hereof to be kept or performed by the City, regardless of whether or not the City has abandoned the Property, or (y) to exercise any and all rights of entry and re-entry upon the Property. In the event the Authority does not elect to terminate this Lease Agreement in the manner provided for in subparagraph (1) hereof, the City shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the City and, if the Property is not re-let, to pay the full amount of the Rental Payments to the end of the term of this Lease Agreement or, in the event that the Property is re-let, to pay any deficiency in Rental Payments that results therefrom; and further agrees to pay said Rental Payments and/or Rental Payment deficiency punctually at the same time and in the same manner as hereinabove provided for the payment of Rental Payments hereunder, notwithstanding the fact that the Authority may have received in previous years or may receive thereafter in subsequent years Rental Payments in excess of the Rental Payments herein specified, and notwithstanding any entry or re-entry by the Authority or suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Property. Should the Authority elect to re-enter as herein provided, the City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to re-let the Property, or any part thereof, from time to time, either in the Authority’s name or otherwise, upon such terms and conditions and for such use and period as the Authority may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon the Property and to place such personal property in storage in any warehouse or other suitable place, for the account of and at the expense of the City, and the City hereby indemnifies and agrees to save harmless the Authority and the Trustee from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon and re-letting of the Property and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Authority to re-let the Property in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Authority in effecting such re-letting shall constitute a surrender or termination of this Lease Agreement irrespective of the use or the term for which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease Agreement shall vest in the Authority to be effected in the sole and exclusive manner provided for in subparagraph (1) hereof. The City further agrees to pay the Authority the cost of any alterations or additions to the Property necessary to place the Property in condition for re-letting immediately upon notice to the City of the completion and installation of such additions or alterations. The City hereby waives any and all claims for damages caused or which may be caused by the Authority in re-entering and taking possession of the Property as herein provided and all claims for damages that may result from the destruction of or injury to the Property and all claims for damages to or loss of any property belonging to the City, or any other person, that may be in or upon the Property. (b) If (i) the City’s interest in this Lease Agreement or any part thereof is assigned or transferred, either voluntarily or by operation of law or otherwise, without the written consent of the Authority and, as hereinafter provided for, or (ii) the City or any assignee shall file any petition or institute any proceeding under any act or acts, state or federal, dealing with or relating to the subject or subjects of bankruptcy or insolvency, or under any amendment of such act or acts, either as a bankrupt or as an insolvent, or as a debtor, or in any similar capacity, wherein or whereby 1307
13 the City asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of the City’s debts or obligations, or offers to the City’s creditors to elect a composition or extension of time to pay the City’s debts or asks, seeks or prays for reorganization or to effect a plan of reorganization, or for a readjustment of the City’s debts, or for any other similar relief, or if any such petition or any such proceedings of the same or similar kind or character be filed or be instituted or taken against the City, or if a receiver of the business or of the property or assets of the City shall be appointed by any court, except a receiver appointed at the instance or request of the Authority, or if the City shall make a general assignment for the benefit of the City’s creditors, or (iii) the City shall abandon or vacate the Property, then the City shall be deemed to be in default hereunder. (c) In addition to the other remedies set forth in this Section, upon the occurrence of an Event of Default, the Authority and its assignee shall be entitled to proceed to protect and enforce the rights vested in the Authority and its assignee by this Lease Agreement or by law. The provisions of this Lease Agreement and the duties of the City and of its city council, officers or employees shall be enforceable by the Authority or its assignee by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction. Without limiting the generality of the foregoing, the Authority and its assignee shall have the right to bring the following actions: (i) Accounting. By action or suit in equity to require the City and its city council, officers and employees and its assigns to account as the trustee of an express trust. (ii) Injunction. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the Authority or its assignee. (iii) Mandamus. By mandamus or other suit, action or proceeding at law or in equity to enforce the Authority’s or its assignee’s rights against the City (and its city council, officers and employees) and to compel the City to perform and carry out its duties and obligations under the law and its covenants and agreements with the City as provided herein. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the single or partial exercise of any right, power or privilege hereunder shall not impair the right of the Authority to the further exercise thereof or the exercise of any or all other rights, powers or privileges. The term “re-let” or “re-letting” as used in this Section shall include, but not be limited to, re-letting by means of the operation by the Authority of the Property. If any statute or rule of law validly shall limit the remedies given to the Authority hereunder, the Authority nevertheless shall be entitled to whatever remedies are allowable under any statute or rule of law. In the event the Authority shall prevail in any action brought to enforce any of the terms and provisions of this Lease Agreement, the City agrees to pay a reasonable amount as and for attorney’s fees incurred by the Authority in attempting to enforce any of the remedies available to the Authority hereunder. Notwithstanding anything to the contrary contained in this Lease Agreement, the Authority shall have no right upon a default hereunder by the City to accelerate Rental Payments. (d) Notwithstanding anything to the contrary contained in this Lease Agreement, the termination of this Lease Agreement by the Authority and its assignees on account of a default by the City under this Section shall not effect or result in a termination of the Ground Lease. 1308
14 Section 7.02 Waiver. Failure of the Authority to take advantage of any default on the part of the City shall not be, or be construed as, a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this instrument be construed to waive or to lessen the right of the Authority to insist upon performance by the City of any term, covenant or condition hereof, or to exercise any rights given the Authority on account of such default. A waiver of a particular default shall not be deemed to be a waiver of any other default or of the same default subsequently occurring. The acceptance of Rental Payments hereunder shall not be, or be construed to be, a waiver of any term, covenant or condition of this Lease Agreement. ARTICLE VIII EMINENT DOMAIN; PREPAYMENT Section 8.01 Eminent Domain. If all of the Property (or portions thereof such that the remainder is not usable for public purposes by the City) shall be taken under the power of eminent domain, the term hereof shall cease as of the day that possession shall be so taken. If less than all of the Property shall be taken under the power of eminent domain and the remainder is usable for public purposes by the City at the time of such taking, then this Lease Agreement shall continue in full force and effect as to such remainder, and the parties waive the benefits of any law to the contrary, and in such event there shall be a partial abatement of the Rental Payments in accordance with the provisions of Section 3.06 hereof. So long as the Bond shall be Outstanding, any award made in eminent domain proceedings for the taking of the Property, or any portion thereof, shall be paid to the Trustee and applied to the redemption of Bond as provided in subsection (a) of Section 4.01 of the Indenture. Any such award made after the Bond, and all other amounts due under the Indenture and hereunder, have been fully paid, shall be paid to the Authority and to the City as their respective interests may appear. Section 8.02 Optional Prepayment. (a) The City may prepay the Base Rental Payments, in whole or in part, on the date and at the prepayment price (expressed as a percentage of the principal amount of the Bond to be redeemed) plus accrued and unpaid interest thereon to the date of prepayment, as set forth in Sections 4.01(b) and 4.01(c) of the Indenture. (b) The City may prepay, from any source of available funds, all of the Base Rental Payments attributable to the Bond by depositing with the Trustee moneys or securities as provided, and subject to the terms and conditions set forth, in Article X of the Indenture in an amount that is sufficient to make such Base Rental Payments when due or to make such Base Rental Payments through a specified date on which the City has a right to prepay such Base Rental Payments pursuant to subsection (a) of this Section, and to prepay such Base Rental Payments on such prepayment date, at a prepayment price determined in accordance with subsection (a) of this Section. (c) If all of the Base Rental Payments are prepaid in accordance with the provisions of this Lease Agreement then, as of the date of such prepayment pursuant to subsection (a) of this Section, or deposit pursuant to subsection (b) of this Section and, if applicable, such corresponding provisions, and payment of all other amounts owed under this Lease Agreement, the term of this Lease Agreement shall be terminated. 1309
15 (d) Prepayments of Base Rental Payments made pursuant to this Section shall be applied to the redemption of the Bond as directed by the City and as provided in Section 4.01 of the Indenture. ARTICLE IX COVENANTS AND REPRESENTATIONS Section 9.01 Right of Entry. The Authority and its assignees shall have the right to enter upon and to examine and inspect the Property during reasonable business hours (and in emergencies at all times) for any purpose connected with the Authority’s rights or obligations under this Lease Agreement, and for all other lawful purposes. Section 9.02 Liens. In the event the City shall at any time during the term of this Lease Agreement cause any changes, alterations, additions, improvements, or other work to be done or performed or materials to be supplied, in or upon the Property, the City shall pay, when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or for the City in, upon or about the Property and which may be secured by a mechanics’, materialmen’s or other lien against the Property or the Authority’s interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that, if the City desires to contest any such lien, it may do so as long as such contest is in good faith. If any such lien shall be reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and said stay thereafter expires, the City shall forthwith pay and discharge said judgment. Section 9.03 Quiet Enjoyment. The parties hereto mutually covenant that the City, by keeping and performing the covenants and agreements herein contained, shall at all times during the term of this Lease Agreement peaceably and quietly have, hold and enjoy the Property without suit, trouble or hindrance from the Authority. Section 9.04 Authority Not Liable. The Authority and its directors, officers, agents and employees, shall not be liable to the City or to any other party whomsoever for any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Property. To the extent permitted by law, the City shall, at its expense, indemnify and hold the Authority and the Trustee and all directors, members, officers, agents and employees thereof harmless against and from any and all losses, costs, expenses (including legal fees and expenses), suits, damages, liability and claims by or on behalf of any person, firm, corporation or governmental authority arising from the acquisition, construction, occupation, use, operation, maintenance, possession, conduct or management of or from any work done in or about the Property or from the subletting of any part thereof, including any liability for violation of conditions, agreements, restrictions, laws, ordinances, or regulations affecting the Property or the occupancy or use thereof, but excepting the negligence or willful misconduct of the persons or entity seeking indemnity. The City also covenants and agrees, at its expense, to pay and indemnify and save the Authority and the Trustee and all directors, officers, agents and employees thereof harmless against and from any and all losses, costs, expenses (including legal fees and expenses), suits, damages, liability and claims arising from (a) any condition of the Property and the adjoining sidewalks and passageways, (b) any breach or default on the part of the City in the performance of any covenant or agreement to be performed by the City pursuant to this Lease Agreement, (c) any act or negligence of licensees in 1310
16 connection with their use, occupancy or operation of the Property, (d) any accident, injury or damage whatsoever caused to any person, firm or corporation in or about the Property or upon or under the sidewalks and from and against all costs, reasonable counsel fees, expenses and liabilities incurred in any action or proceeding brought by reason of any claim referred to in this Section, but excepting the negligence or willful misconduct of the person or entity seeking indemnity. In the event that any action or proceeding is brought against the Authority or the Trustee or any director, member, officer or employee thereof, by reason of any such claim, the City, upon notice from the Authority or the Trustee or such director, member, officer employee thereof, covenants to resist or defend such action or proceeding by counsel reasonably satisfactory to the Authority or the Trustee or such director, member, officer or employee thereof. All indemnities by the City under this Lease Agreement shall survive the termination of this Lease Agreement and the earlier removal or resignation of the Trustee. Section 9.05 Assignment and Subleasing. Neither this Lease Agreement nor any interest of the City hereunder shall be sold, mortgaged, pledged, assigned or transferred by the City by voluntary act or by operation by law or otherwise. The Property may not be subleased in whole or in part by the City without the prior written consent of the Authority. Any such sublease shall be subject to all of the following conditions, as certified in writing by an Authorized City Representative: (a) this Lease Agreement and the obligation of the City to make all Rental Payments hereunder shall remain the primary obligation of the City; (b) the City shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Authority and the Trustee a true and complete copy of such sublease; (c) no such sublease by the City shall cause the Property to be used for a purpose other than a governmental or proprietary function authorized under the provisions of the Constitution and laws of the State of California; (d) any sublease of the Property by the City shall explicitly provide that such sublease is subject to all rights of the Authority under the Lease Agreement, including the right to re-enter and re-let the Property or terminate the Lease Agreement upon a default by the City; and (e) the City shall furnish the Authority and the Trustee with an Opinion of Counsel to the effect that such sublease will not, in and of itself, cause the interest on the Bond to be included in gross income for federal income tax purposes. Section 9.06 Title to Property. Upon the termination or expiration of this Lease Agreement (other than as provided in Section 7.01 and Section 8.01 hereof), and the first date upon which the Bond is no longer Outstanding, all right, title and interest in and to the Property shall vest in the City. Upon any such termination or expiration, the Authority shall execute such conveyances, deeds and other documents as may be necessary to effect such vesting of record. Section 9.07 Authority’s Purpose. The Authority covenants that, prior to the discharge of this Lease Agreement and the Bond, it will not engage in any activities inconsistent with the purposes for which the Authority is organized, as set forth in the Joint Powers Agreement. 1311
17 ARTICLE X NO CONSEQUENTIAL DAMAGES; USE OF THE PROPERTY; SUBSTITUTION OR RELEASE Section 10.01 No Consequential Damages. In no event shall the Authority or the Trustee be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Lease Agreement or the City’s use of the Property. Section 10.02 Use of the Property. The City will not use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Lease Agreement. In addition, the City agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of the Property) with all laws of the jurisdictions in which its operations may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the Property; provided, however, that the City may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the opinion of the Authority, adversely affect the estate of the Authority in and to any of the Property or its interest or rights under this Lease Agreement. Section 10.03 Substitution or Release of the Property. The City shall have the right to substitute alternate real property for any portion of the Property or to release a portion of the Property from this Lease Agreement. All costs and expenses incurred in connection with such substitution or release shall be borne by the City. Notwithstanding any substitution or release of Property pursuant to this subsection, there shall be no reduction in or abatement of the Base Rental Payments due from the City hereunder as a result of such substitution or release, as certified in writing by an Authorized City Representative. Any such substitution or release of any portion of the Property shall be subject to the following specific conditions, which are hereby made conditions precedent to such substitution or release: (a) the City shall have found (as set forth in a certificate delivered by the City to the Trustee) that the Property, as constituted after such substitution or release, (i) has an annual fair rental value at least equal to the maximum annual Base Rental Payments payable by the City in any Rental Period, during the remaining term of this Lease Agreement, as determined by the City on the basis of commercially reasonable evidence of the fair rental value of the Property, and (ii) has a useful life in excess of the final maturity of the Bond; (b) the City, as certified in writing by an Authorized City Representative, shall have obtained or caused to be obtained a CLTA or ALTA title insurance policy or policies with respect to any substituted property in the amount at least equal to the principal amount of the Bond of the type and with the endorsements described in Section 6.02 hereof; (c) the City shall have provided the Trustee with an Opinion of Counsel to the effect that such substitution or release will not, in and of itself, cause the interest on the Bond to be included in gross income for federal income tax purposes; and (d) the City, the Authority and the Trustee shall have executed, and the City shall have caused to be recorded with the San Bernardino County Clerk – Recorder, any document necessary to reconvey to the City the portion of the Property being released and to include any substituted real property in the description of the Property contained herein and in the Ground Lease. 1312
18 ARTICLE XI MISCELLANEOUS Section 11.01 Law Governing. THIS LEASE AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS HEREOF AND BY THE LAWS OF THE STATE OF CALIFORNIA AS THE SAME FROM TIME TO TIME EXIST. Section 11.02 Notices. All written notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: If to the City: City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Director of Finance If to the Authority: City of Chino Public Financing Authority c/o City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Treasurer Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 11.03 Validity and Severability. If for any reason this Lease Agreement shall be held by a court of competent jurisdiction to be void, voidable or unenforceable by the Authority or by the City, or if for any reason it is held by such a court that any of the covenants and conditions of the City hereunder, including the covenant to pay Rental Payments, is unenforceable for the full term hereof; then and in such event this Lease Agreement is and shall be deemed to be a lease under which the Rental Payments are to be paid by the City annually in consideration of the right of the City to possess, occupy and use the Property, and all of the terms, provisions and conditions of this Lease Agreement, except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such holding, shall remain in full force and effect. Section 11.04 Net-Net-Net Lease. This Lease Agreement shall be deemed and construed to be a “net-net-net lease” and the City hereby agrees that the Rental Payments shall be an absolute net return to the Authority, free and clear of any expenses, charges or set-offs whatsoever and notwithstanding any dispute between the City and the Authority. 1313
19 Section 11.05 Taxes. The City shall pay or cause to be paid all taxes and assessments of any type or nature charged to the Authority or affecting the Property or the respective interests or estates therein; provided, however, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the term of this Lease Agreement as and when the same become due. The City or any sublessee may, at the City’s or such sublessee’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority or the Trustee shall notify the City or such sublessee that, in the opinion of independent counsel, by nonpayment of any such items, the interest of the Authority in the Property will be materially endangered or the Property, or any part thereof, will be subject to loss or forfeiture, in which event the City or such sublessee shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trustee. Section 11.06 Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Lease Agreement. Section 11.07 Amendments. This Lease Agreement and the Ground Lease may be amended and the rights and obligations of the Authority and the City hereunder and thereunder may be amended at any time by an amendment hereto or thereto which shall become binding upon execution and delivery by the Authority and the City, but only with the prior written consent of the Owner of the Bond, provided that no such amendment shall extend the payment date of any Base Rental Payments, reduce the interest component or principal component of any Base Rental Payments or change the prepayment terms and provisions, without the prior written consent of the Owner of each Bond so affected. Section 11.08 Assignment. The City and the Authority hereby acknowledge the assignment of this Lease Agreement (except for the Authority’s obligations and its rights to give consents or approvals hereunder), and the Base Rental Payments payable hereunder, to the Trustee pursuant to the Assignment Agreement. To the extent that this Lease Agreement confers upon or gives or grants the Trustee any right, remedy or claim under or by reason of this Lease Agreement, the Trustee is hereby explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Section 11.09 Execution. This Lease Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Lease Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 1314
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IN WITNESS WHEREOF, the Authority and the City have caused this Lease Agreement to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. CITY OF CHINO By: DR. LINDA REICH CITY MANAGER ATTEST: By: NATALIE GONZAGA CITY CLERK CITY OF CHINO PUBLIC FINANCING AUTHORITY By: KAREN COMSTOCK CHAIR ATTEST: NATALIE GONZAGA SECRETARY 1315
A-1
EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to herein is situated in the State of California, County of San Bernardino, City of Chino and described as follows:
1316
B-1
EXHIBIT B BASE RENTAL PAYMENT SCHEDULE Base Rental Deposit Date (Fifth Business Day Prior to) Principal Component Interest Component* Total Base Rental Payment* 10/1/26 $ -- $ 29,316.15 $ 29,316.15 4/1/27 -- 68,531.25 68,531.25 10/1/27 155,000.00 68,531.25 223,531.25 4/1/28 -- 65,237.50 65,237.50 10/1/28 165,000.00 65,237.50 230,237.50 4/1/29 -- 61,731.25 61,731.25 10/1/29 170,000.00 61,731.25 231,731.25 4/1/30 -- 58,118.75 58,118.75 10/1/30 180,000.00 58,118.75 238,118.75 4/1/31 -- 54,293.75 54,293.75 10/1/31 185,000.00 54,293.75 239,293.75 4/1/32 -- 50,362.50 50,362.50 10/1/32 195,000.00 50,362.50 245,362.50 4/1/33 -- 46,218.75 46,218.75 10/1/33 205,000.00 46,218.75 251,218.75 4/1/34 -- 41,862.50 41,862.50 10/1/34 210,000.00 41,862.50 251,862.50 4/1/35 -- 37,400.00 37,400.00 10/1/35 220,000.00 37,400.00 257,400.00 4/1/36 -- 32,725.00 32,725.00 10/1/36 230,000.00 32,725.00 262,725.00 4/1/37 -- 27,837.50 27,837.50 10/1/37 240,000.00 27,837.50 267,837.50 4/1/38 -- 22,737.50 22,737.50 10/1/38 250,000.00 22,737.50 272,737.50 4/1/39 -- 17,425.00 17,425.00 10/1/39 260,000.00 17,425.00 277,425.00 4/1/40 -- 11,900.00 11,900.00 10/1/40 275,000.00 11,900.00 286,900.00 4/1/41 -- 6,056.25 6,056.25 10/1/41 285,000.00 6,056.25 291,056.25 Total $3,225,000.00 $1,234,191.15 $4,459,191.15 * Assume that no Event of Default or Event of Taxability has occurred and is continuing. 1317
Agenda Version
INDENTURE by and among CITY OF CHINO PUBLIC FINANCING AUTHORITY and CITY OF CHINO and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Dated as of July 1, 2026
Relating to $3,225,000 CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND 1318
TABLE OF CONTENTS Page
i
ARTICLE I DEFINITIONS; EQUAL SECURITY ......................................................................... 2 Section 1.01 Definitions .................................................................................................................. 2 Section 1.02 Equal Security ........................................................................................................... 10 ARTICLE II THE BOND ................................................................................................................. 10 Section 2.01 Authorization of the Bond ........................................................................................ 10 Section 2.02 Terms of Bond .......................................................................................................... 10 Section 2.03 Form of Bond ............................................................................................................ 11 Section 2.04 Transfer and Exchange of Bond ............................................................................... 11 Section 2.05 Registration Books .................................................................................................... 12 Section 2.06 Execution of the Bond .............................................................................................. 12 Section 2.07 Authentication of the Bond ....................................................................................... 12 Section 2.08 Temporary Bond ....................................................................................................... 13 Section 2.09 Mutilated, Lost, Destroyed or Stolen Bond .............................................................. 13 ARTICLE III ISSUANCE OF BOND; APPLICATION OF PROCEEDS .................................. 13 Section 3.01 Issuance of Bond ....................................................................................................... 13 Section 3.02 Application of Proceeds of the Bond ........................................................................ 13 Section 3.03 Costs of Issuance Fund ............................................................................................. 14 Section 3.04 Project Fund .............................................................................................................. 14 ARTICLE IV REDEMPTION OF BOND ...................................................................................... 14 Section 4.01 Redemption of Bond ................................................................................................. 14 Section 4.02 Notice of Redemption ............................................................................................... 16 Section 4.03 Effect of Notice of Redemption ................................................................................ 17 Section 4.04 Effect of Redemption ................................................................................................ 17 ARTICLE V SECURITY FOR BOND; FLOW OF FUNDS; INVESTMENTS ......................... 17 Section 5.01 Pledge; Special Obligations ...................................................................................... 17 Section 5.02 Flow of Funds ........................................................................................................... 17 Section 5.03 Application of Net Insurance Proceeds .................................................................... 18 Section 5.04 Title Insurance .......................................................................................................... 19 Section 5.05 Rebate Fund .............................................................................................................. 19 Section 5.06 Investment of Moneys .............................................................................................. 21 ARTICLE VI COVENANTS ............................................................................................................ 22 Section 6.01 Compliance with Agreements ................................................................................... 22 Section 6.02 Compliance with Ground Lease and Lease Agreement ............................................ 22 Section 6.03 Observance of Laws and Regulations ....................................................................... 22 Section 6.04 Other Liens ............................................................................................................... 23 Section 6.05 Prosecution and Defense of Suits ............................................................................. 23 Section 6.06 Accounting Records and Statements ........................................................................ 23 Section 6.07 Recordation and Filing .............................................................................................. 23 Section 6.08 Tax Covenants .......................................................................................................... 23 Section 6.09 Continued Existence of Authority ............................................................................ 24 Section 6.10 Further Assurances ................................................................................................... 24 ARTICLE VII DEFAULT AND LIMITATIONS OF LIABILITY ............................................. 25 Section 7.01 Action on Default ...................................................................................................... 25 Section 7.02 Other Remedies of the Trustee ................................................................................. 25 1319
TABLE OF CONTENTS (continued) Page
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Section 7.03 Non-Waiver .............................................................................................................. 25 Section 7.04 Remedies Not Exclusive ........................................................................................... 26 Section 7.05 No Liability by the Authority to the Owner ............................................................. 26 Section 7.06 No Liability by the City to the Owner ...................................................................... 26 Section 7.07 No Liability of the Trustee to the Owner .................................................................. 26 Section 7.08 Application of Amounts After Default ..................................................................... 26 Section 7.09 Trustee May Enforce Claims Without Possession of Bond ...................................... 27 Section 7.10 Limitation on Suits .................................................................................................... 27 ARTICLE VIII THE TRUSTEE ...................................................................................................... 27 Section 8.01 Employment of the Trustee ....................................................................................... 27 Section 8.02 Duties, Removal and Resignation of the Trustee ..................................................... 27 Section 8.03 Compensation of the Trustee .................................................................................... 28 Section 8.04 Protection of the Trustee ........................................................................................... 29 ARTICLE IX MODIFICATION OR AMENDMENTS ................................................................ 32 Section 9.01 Modifications and Amendments Permitted .............................................................. 32 Section 9.02 Effect of Supplemental Indenture ............................................................................. 32 Section 9.03 Endorsement of Bond; Preparation of New Bond .................................................... 33 ARTICLE X DEFEASANCE ........................................................................................................... 33 Section 10.01 Discharge of Indenture ............................................................................................ 33 Section 10.02 Bond Deemed To Have Been Paid ......................................................................... 34 Section 10.03 Payment of Bond After Discharge of Indenture ..................................................... 34 ARTICLE XI MISCELLANEOUS .................................................................................................. 34 Section 11.01 Benefits of Indenture Limited to Parties ................................................................. 34 Section 11.02 Successor Deemed Included in all References to Predecessor ............................... 34 Section 11.03 Execution of Documents by Owner ........................................................................ 35 Section 11.04 Waiver of Personal Liability ................................................................................... 35 Section 11.05 Destruction of Bond ................................................................................................ 35 Section 11.06 Funds and Accounts ................................................................................................ 35 Section 11.07 Article and Section Headings Gender and References ........................................... 36 Section 11.08 Partial Invalidity ..................................................................................................... 36 Section 11.09 Money Held for the Bond ....................................................................................... 36 Section 11.10 Payment on Non-Business Days ............................................................................. 36 Section 11.11 California Law ........................................................................................................ 36 Section 11.12 Notices .................................................................................................................... 36 Section 11.13 Additional Rights of Original Purchaser ................................................................ 37 Section 11.14 Execution in Counterparts ...................................................................................... 38 EXHIBIT A FORM OF BOND ..................................................................................................... A-1 EXHIBIT B FORM OF PROJECT FUND REQUISITION ......................................................... B-1 EXHIBIT C FORM OF PURCHASER LETTER ........................................................................ C-1 1320
INDENTURE THIS INDENTURE (this “Indenture”), executed and entered into as of July 1, 2026, is by and among the CITY OF CHINO PUBLIC FINANCING AUTHORITY, a joint exercise of powers entity duly organized and existing pursuant to the Joint Exercise of Powers Agreement (defined below) and the laws of the State of California (the “Authority”), the CITY OF CHINO, a general law city and municipal corporation duly organized and existing under the laws of the State of California (the “City”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, as Trustee (the “Trustee”). WITNESSETH: WHEREAS, the City and the Authority desire to finance all or a portion of the acquisition of certain real property located at 13272 6th Street, Chino, California and related project costs (collectively, the “Project”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) for the purpose of financing the Project; WHEREAS, to facilitate the issuance of the Bond, the City will lease certain real property and the improvements located thereon (the “Property”) to the Authority pursuant to a Ground Lease, dated as of the date hereof, and the City will sublease the Property back from the Authority pursuant to a Lease Agreement, dated as of the date hereof (the “Lease Agreement”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance all or a portion of the Project through the issuance by the Authority of the Bond payable from the base rental payments (the “Base Rental Payments”) to be made by the City under the Lease Agreement; WHEREAS, all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to the Trustee pursuant to an Assignment Agreement, dated as of the date hereof; WHEREAS, the Bond will be payable equally and ratably from the Base Rental Payments; WHEREAS, to provide for the authentication and delivery of the Bond, to establish and declare the terms and conditions upon which the Bond is to be issued and secured, and to secure the payment of the principal thereof, premium, if any, and interest thereon, the Authority and the City have authorized the execution and delivery of this Indenture; and WHEREAS, the Authority and the City have determined that all acts and proceedings required by law necessary to make the Bond, when executed by the Authority, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal special obligations of the Authority, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of the Indenture has been in all respects duly authorized; 1321
2 NOW THEREFORE, in consideration of the premises and of the mutual agreements and covenants contained herein and for other valuable consideration, the parties do hereby agree as follows: ARTICLE I DEFINITIONS; EQUAL SECURITY Section 1.01 Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes hereof and of any amendment hereof or supplement hereto and of the Bond and of any certificate, opinion, request or other document mentioned herein or therein have the meanings defined herein, the following definitions to be equally applicable to both the singular and plural forms of any of the terms defined herein. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Lease Agreement. “Act” means the Marks-Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code. “Additional Rental Payments” means all amounts payable by the City as Additional Rental Payments pursuant to Section 3.02 of the Lease Agreement. “Assignment Agreement” means the Assignment Agreement, dated as of the date hereof, by and between the Authority and the Trustee, as amended and supplemented from time to time. “Authority” means the City of Chino Public Financing Authority, a joint exercise of powers entity organized and existing under and by virtue of the laws of the State of California. “Authorized Authority Representative” means the Chair, Vice Chair, Executive Director, Treasurer and Secretary of the Authority, or any other person authorized by the Board of Directors of the Authority to act on behalf of the Authority under or with respect to this Indenture. “Authorized City Representative” means the Mayor of the City, the Mayor Pro Tempore of the City, the City Manager of the City, the Administrative Services Director of the City or the City Clerk, or any other person authorized by the City Council of the City to act on behalf of the City under or with respect to this Indenture. “Base Rate” means a fluctuating rate per annum equal to the highest of (i) the Prime Rate, (ii) the Federal Funds Rate plus 2.00% per annum, (iii) Daily Simple SOFR Rate plus 3.00% per annum, or (iv) 7.00% per annum; provided, however, that in no event shall the Base Rate exceed the Maximum Rate. Interest at the Base Rate shall be computed on the basis of a 360-day year and the actual number of days elapsed. “Base Rental Payment Fund” means the fund by that name established in accordance with Section 5.02 hereof. “Base Rental Payments” means all amounts payable to the Authority by the City as Base Rental Payments pursuant to Section 3.01 of the Lease Agreement. “Bond” means the City of Chino Public Financing Authority 2026 Lease Revenue Bond. 1322
3 “Business Day” means a day which is not (a) a Saturday, Sunday or legal holiday, (b) a day on which banking institutions in the State of California, or in any state in which the Office of the Trustee is located, are required or authorized by law (including executive order) to close, or (c) a day on which the New York Stock Exchange is closed or the payment system of the Federal Reserve System is not operational. “City” means the City of Chino, a general law city and municipal corporation duly organized and existing under the laws of the State of California. “Closing Date” means July 14, 2026. “Code” means the Internal Revenue Code of 1986, as amended. “Costs of Issuance” means all of the costs of issuing and delivering the Bond, including, but not limited to, all printing and document preparation expenses in connection with this Indenture, the Lease Agreement, the Ground Lease, the Assignment Agreement, the Bond, legal fees, municipal advisor and other consultant fees, printing fees and expenses of counsel with the issuance and delivery of the Bond, the initial fees and expenses of the Trustee and its counsel, fees of California Debt Investment Advisory Commission, fees of legal counsel to the Original Purchaser, and other fees and expenses incurred in connection with the issuance and delivery of the Bond, to the extent such fees and expenses are approved by the City. “Costs of Issuance Fund” means the fund by that name established in accordance with Section 3.03 hereof. “Daily Simple SOFR Rate” means a daily rate based on SOFR and determined by the Original Purchaser in accordance with the conventions for such rate selected by the Original Purchaser. “Date of Taxability” means the date from and for which interest on the Bond is subject to federal income taxation as a result of a Determination of Taxability. “Default Rate” means the Base Rate plus four percent (4.00%) per annum. “Determination of Taxability” means any determination, decision, or decree made by the Commissioner or any District Director of the Internal Revenue Service, or by any court of competent jurisdiction, that as a result of any actions or omissions of the Authority with respect to the Bond the interest payable on the Bond is includable in the gross income for federal income tax purposes of the Owner of the Bond, provided, however, that no such Determination of Taxability shall be deemed to have occurred if the Authority is contesting such determination in good faith and is diligently proceeding to prosecute such contest until the earliest of (a) a final determination from which no appeal may be taken with respect to such determination, or (b) abandonment of such appeal by the Authority. “Event of Default” means the occurrence of an event of default as described in Article VII of the Lease Agreement. “Federal Funds Rate” means, for any day, the rate per annum equal to the weighted average (rounded upwards, if necessary to the next 1/100 of 1%) of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next succeeding Business Day by the Federal Reserve Bank of New York, or, if 1323
4 such rate is not so published for any day that is a Business Day, the average (rounded upwards, if necessary, to the next 1/100 of 1%) of the quotations for such day for such transactions received by the Original Purchaser from three Federal funds brokers of recognized standing selected by it. “Federal Securities” means (a) direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America), and (b) obligations of any agency, department or instrumentality of the United States of America the timely payment of principal of and interest on which are fully guaranteed by the United States of America. “Ground Lease” means the Ground Lease, dated as of the date hereof, by and between the City and the Authority, as originally executed and as it may from time to time be amended in accordance with the provisions thereof and of the Lease Agreement. “Indenture” means this Indenture, as originally executed and as it may be amended or supplemented from time to time by any Supplemental Indenture. “Interest Fund” means the fund by that name established in accordance with Section 5.02 hereof. “Interest Payment Date” means April 1 and October 1 of each year, commencing on October 1, 2026. “Joint Powers Agreement” means the Joint Exercise of Powers Agreement, dated as of December 1, 1998, between the City and the Successor Agency to the Redevelopment Agency of the City of Chino, as successor to the form Redevelopment Agency of the City of Chino, as originally executed and as it may from time to time be amended in accordance with the provisions thereof. “Lease Agreement” means the Lease Agreement, dated as of the date hereof, by and between the City and the Authority, as originally executed and as it may be from time to time amended in accordance with the provisions thereof. “Maximum Rate” means the lesser of (i) twelve percent (12%) per annum and (ii) the maximum rate of interest allowed by applicable law. “Moody’s” means Moody’s Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, except that if such corporation shall no longer perform the function of a securities rating agency for any reason, the term “Moody’s” shall be deemed to refer to any other nationally recognized securities rating agency selected by the Authority. “Office of the Trustee” means the principal corporate trust office of the Trustee in Los Angeles, California, or such other office as may be specified to the Authority and the City by the Trustee in writing, except that with respect to presentation of Bond for payment or for registration of transfer and exchange such term shall mean the office or the agency of the Trustee at which, at any particular time, its corporate trust agency shall be conducted as specified to the Authority and the City by the Trustee in writing. “Opinion of Counsel” means a written opinion of Anzel Galvan LLP, or other counsel of recognized national standing in the field of law relating to municipal bonds, appointed and paid by the 1324
5 Authority or the City and which written opinion, if to be delivered to the Trustee, is satisfactory to the Trustee. “Original Purchaser” means BMO Bank N.A. and its successors and assigns. “Outstanding,” when used as of any particular time with reference to the Bond, means (subject to the provisions of Section 11.09 hereof) the Bond theretofore, or thereupon being, authenticated and delivered by the Trustee under this Indenture except that the Bond shall not be deemed Outstanding if: (a) it has been canceled by the Trustee or surrendered to the Trustee for cancellation; (b) all liability of the Authority with respect thereto shall have been discharged in accordance with Section 10.01 hereof; or (c) it has been replaced by another Bond authenticated and delivered by the Trustee pursuant to this Indenture upon transfer, exchange or in lieu of or in substitution for such Bond, in which case only such authenticated and delivered replacement Bond shall be deemed Outstanding. “Owner” means, with respect to a Bond, the Person in whose name such Bond is registered on the Registration Books. “Permitted Investments” means any of the following to the extent then permitted by the general laws of the State of California: (1) (a) Direct obligations (other than an obligation subject to—variation in principal repayment) of the United States of America (“United States Treasury Obligations”), (b) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America, (c) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or (d) evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated (collectively “United States Obligations”). These include, but are not necessarily limited to: -U.S. Treasury obligations All direct or fully guaranteed obligations -Farmers Home Administration Certificates of beneficial ownership -General Services Administration Participation certificates -U.S. Maritime Administration Guaranteed Title XI financing -Small Business Administration Guaranteed participation certificates Guaranteed pool certificates 1325
6 -Government National Mortgage Association (GNMA) GNMA-guaranteed mortgage-backed securities GNMA-guaranteed participation certificates -U.S. Department of Housing & Urban Development Local authority bonds -Washington Metropolitan Area Transit Authority Guaranteed transit bonds (2) Federal Housing Administration debentures. (3) The listed obligations of government-sponsored agencies which are not backed by the full faith and credit of the United States of America: -Federal Home Loan Mortgage Corporation (FHLMC) Participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) Senior debt obligations -Farm Credit Banks (formerly: Federal Land Banks, Federal intermediate Credit Banks and Banks for Cooperatives) Consolidated systemwide bonds and notes -Federal Home Loan Banks (FHL Banks) Consolidated debt obligations -Federal National Mortgage Association (FNMA) Senior debt obligations Mortgage-backed securities (excluded are stripped mortgages securities which are purchased at prices exceeding their principal amounts) -Financing Corporation (FICO) Debt obligations -Resolution Funding Corporation (REFCORP) Debt obligations (4) Bank deposit products, unsecured certificates of deposit (including those placed by a third party pursuant to an agreement between the City and the Trustee), trust funds, trust accounts, overnight banking deposits, interest bearing deposits, interest bearing money market accounts, time deposits, demand deposits, other deposit products, and bankers’ acceptances (having maturities of not more than 30 days) of any bank (including the Trustee and any affiliate) the short-term obligations of which are rated “A-1” or “A-2” without regard to qualifier by S&P. (5) Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation (FDIC), in banks, including the Trustee and its affiliates, which have capital and surplus of at least $5 million. (6) Commercial paper (having original maturities of not more than 270 days) rated, at the time of purchase, “A-1” or better by S&P and “Prime-1” by Moody’s. (7) Money market mutual funds rated in the highest investment category granted thereby from S&P and Moody’s (including those for which the Trustee or its affiliates receives and retains a fee for services provided to the fund, whether as a custodian, transfer agent, investment advisor or otherwise) but excluding such funds with a floating net asset value. 1326
7 (8) Repurchase agreements: With (1) any domestic bank, or domestic branch of a foreign bank or any non-bank financial institution or primary dealer as designated by the Federal Reserve the long term debt of which is rated at least “BBB+” by Standard & Poor’s or Moody’s (including the Trustee or any of its affiliates); or (2) any broker-dealer with “retail customers” or a related affiliate thereof which broker-dealer has, or the parent company (which guarantees the provider) of which has, long-term debt rated at least “BBB+” by Standard & Poor’s or Moody’s, which broker-dealer falls under the jurisdiction of the Securities Investors Protection Corporation; or (3) any other entity rated “BBB+” or better by Standard & Poor’s or Moody’s, provided that: (a) The collateral shall be securities described in clause 1(a), (b) or (c) of this subsection, and the market value of the collateral is maintained at levels equal to 104% of the amount of cash transferred by the Trustee or the City to the provider of the repurchase agreement plus accrued interest with the collateral being valued weekly and marked-to-market at current market price plus accrued interest; (b) The Trustee or a third party acting solely as agent therefor or for the City (the “Holder of the Collateral”) has possession of the collateral or the collateral has been transferred to the Holder of the Collateral in accordance with applicable state and federal laws (other than by means of entries on the transferor’s books); (c) The repurchase or reverse repurchase agreement shall state and an opinion of counsel shall be rendered at the time such collateral is delivered that the Holder of the Collateral has a first priority security interest in the collateral, any substituted collateral and all proceeds thereof (in the case of bearer securities, this means the Holder of the Collateral is in possession); (d) The repurchase or reverse repurchase agreement shall provide that if during its term the provider’s rating by either Moody’s or Standard & Poor’s is withdrawn or suspended or falls below “BBB” by Standard & Poor’s or “Baa2” by Moody’s, as appropriate, the provider must, at the direction of Trustee, within 10 days of receipt of such direction, repurchase all collateral and terminate the agreement, with no penalty or premium to the Trustee or the City. Notwithstanding the above, if a repurchase agreement has a term of 270 days or less (with no evergreen provision), collateral levels need not be as specified in (a) above, so long as such collateral levels are 103% or better and the provider is rated at least “A” by Standard & Poor’s or Moody’s, respectively. (9) State Obligations (a) Direct general obligations of any state of the United States or any subdivision or agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated “A2” by Moody’s and “A” by S&P, or better, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated. 1327
8 (b) Direct, general short-term obligations of any state agency or subdivision described in (a) above and rated “A-1+” by S&P and “Prime-1” by Moody’s. (c) Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state, state agency or subdivision described in (a) above and rated “AA” or better by S&P and “Aa” or better by Moody’s. (10) Local Agency Investment Fund of the State of California. (11) Investment agreements, including guaranteed investment contracts, repurchase agreements and forward delivery agreements, that are obligations of an entity rated, or whose obligations are rated, or guaranteed by an entity which is rated or whose obligations are rated, (at the time the investment is entered into) not lower than “A-“ by S&P or Fitch, or “A3” by Moody’s. (12) Pre-refunded municipal obligations rated “AAA” by S&P and “Aaa” by Moody’s meeting the following requirements: (a) the municipal obligations are (1) not subject to redemption prior to maturity or (2) the trustee for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; (b) the municipal obligations are secured by cash or United States Treasury Obligations which may be applied only to payment of the principal of, interest and premium on such municipal obligations; (c) the principal of and interest on the United States Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations (“Verification”); (d) the cash or United States Treasury Obligations serving as security for the municipal obligations are held by an escrow agent or trustee in trust for owners of the municipal obligations; (e) no substitution of a United States Treasury Obligation shall be permitted except with another United States Treasury Obligation and upon delivery of a new Verification; and (f) the cash or United States Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee or escrow agent. The Trustee shall have no responsibility to monitor the ratings of Permitted Investments after the initial purchase of such Permitted Investments. “Person” means an individual, corporation, firm, association, partnership, trust, or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof. 1328
9 “Prime Rate” means an index for a variable interest rate which is quoted, published or announced by the Original Purchaser as its prime rate and as to which loans may be made by the Original Purchaser at, above or below such rate. “Project” means the acquisition of the real property located at 13272 6th Street, Chino, California, and related project costs. “Project Costs” has the meaning given to the term Costs in the Lease Agreement. “Project Fund” means the fund by that name established in accordance with Section 3.04 hereof. “Principal Fund” means the account by that name established in accordance with Section 5.02 hereof. “Purchaser Letter” means a letter in substantially the form attached as Exhibit C hereto. “Rebate Fund” means the fund by that name established in accordance with Section 5.05 hereof. “Rebate Requirement” has the meaning ascribed thereto in the Tax Certificate. “Record Date” means the fifteenth day of the month next preceding an Interest Payment Date, whether or not such day is a Business Day. “Redemption Fund” means the fund by that name established in accordance with Section 5.02 hereof. “Redemption Price” means the aggregate amount of principal of and premium, if any, on the Bond upon the redemption thereof pursuant hereto. “Registration Books” means the records maintained by the Trustee for the registration of ownership and registration of transfer of the Bond pursuant to Section 2.05 hereof. “Rental Payments” means, collectively, the Base Rental Payments and the Additional Rental Payments. “Rental Period” means the period from the Closing Date through September 30, 2027, and, thereafter, the twelve-month period commencing on October 1 of each year during the term of the Lease Agreement. “S&P” means S&P Global Ratings, a Standard & Poor’s Financial Services LLC business, its successors and assigns, except that if such entity shall no longer perform the functions of a securities rating agency for any reason, the term “S&P” shall be deemed to refer to any other nationally recognized securities rating agency selected by the Authority. “SOFR” means the secured overnight financing rate which is published by the Board of Governors of the Federal Reserve System and available at www.newyorkfed.org. 1329
10 “Supplemental Indenture” means any supplemental indenture amendatory of or supplemental to this Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. “Tax Certificate” means the Tax Certificate executed by the Authority and the City at the time of issuance of the Bond relating to the requirements of Section 148 of the Code, as originally executed and as it may from time to time be amended in accordance with the provisions thereof. “Taxable Rate” means a rate equal to 6.54% per annum calculated on the basis of a 360-day year of twelve 30-day months. “Trustee” means The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, or any successor thereto as Trustee hereunder, appointed as provided herein. “Written Certificate of the Authority” and “Written Request of the Authority” mean, respectively, a written certificate or written request signed in the name of the Authority by an Authorized Authority Representative. Any such certificate or request may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. “Written Certificate of the City” and “Written Request of the City” mean, respectively, a written certificate or written request signed in the name of the City by an Authorized City Representative. Any such certificate or request may, but need, not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. Section 1.02 Equal Security. In consideration of the acceptance of the Bond by the Owner thereof, this Indenture shall be deemed to be and shall constitute a contract among the Authority, the City, the Trustee and the Owner from time to time of the Bond authenticated, issued and delivered hereunder and then Outstanding to secure the full and final payment of the principal of, premium, if any, and interest on the Bond, subject to the agreements, conditions, covenants and provisions contained herein. ARTICLE II THE BOND Section 2.01 Authorization of the Bond. The Authority hereby authorizes the issuance of the Bond under and subject to the terms of this Indenture and applicable laws of the State of California for the purpose of financing the Project. Section 2.02 Terms of Bond. (a) The Bond shall be designated the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” and shall be issued in the principal amount of $3,225,000 as a single bond. (b) The Bond shall be dated the Closing Date, shall be payable in installments of principal and interest, with a final maturity of October 1, 2041 and shall bear interest at the rate of 4.25% (calculated on the basis of a 360-day year of twelve 30-day months), payable on each Interest 1330
11 Payment Date commencing October 1, 2026; provided, however, that so long as any Event of Default shall have occurred and is continuing, the interest rate on the Bond may, at the option of the Owner of the Bond, be increased to the Default Rate as provided in Section 7.01; provided further, however, from and after the Date of Taxability following a Determination of Taxability, the interest rate on the Bond shall be increased to the Taxable Rate. The Bond shall be delivered in fully registered form. The Bond shall be executed and delivered in the form of a single fully registered Bond. (c) Interest on the Bond shall be payable from the Interest Payment Date next preceding the date of authentication thereof unless (i) the Bond is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event it shall bear interest from such Interest Payment Date, (ii) the Bond is authenticated on or before the first Record Date, in which event interest thereon shall be payable from the dated date thereof, or (iii) interest on the Bond is in default as of the date of authentication thereof, in which event interest thereon shall be payable from the date to which interest has been paid in full, payable on each Interest Payment Date. Interest shall be paid in lawful money of the United States on each Interest Payment Date to the Persons in whose names the ownership of the Bond is registered on the Registration Books at the close of business on the immediately preceding Record Date, except as provided below. Interest shall be paid by check of the Trustee mailed by first class mail, postage prepaid, on each Interest Payment Date to the Owner of the Bond at its addresses shown on the Registration Books as of the close of business on the preceding Record Date. (d) The principal and premium, if any, of the Bond shall be payable in installments in lawful money of the United States of America without presentation and surrender thereof except upon maturity or earlier redemption at the Office of the Trustee. (e) The Bond shall be subject to redemption as provided in Article IV. (f) Notwithstanding anything herein to the contrary, so long as the Bond is owned by the Original Purchaser: (i) the Trustee shall pay principal of and interest and premium on, if any, on the Bond when due by wire transfer in immediately available funds to the Original Purchaser in accordance with such wire transfer instructions as shall be filed by the Original Purchaser with the Trustee from time to time; (ii) payments of principal on the Bond shall be made without the requirement for presentation and surrender by the Original Purchaser, provided that principal which is payable at maturity or full redemption shall be made only upon presentation and surrender at the Office of the Trustee; and (iii) the Trustee shall not be required to give notice to the Original Purchaser of the mandatory sinking fund payments described in Section 4.01(c). Section 2.03 Form of Bond. The Bond shall be in substantially the form set forth in Exhibit A hereto, with appropriate or necessary insertions, omissions and variations as permitted or required hereby. The Bond shall be initially delivered as a single registered bond in the name of the Original Purchaser and shall not be delivered as book-entry bonds. The Bond shall not be assigned CUSIPS, be issued pursuant to any type of offering document or official statement and shall not receive a rating from any rating agency. Section 2.04 Transfer and Exchange of Bond. The Bond may, in accordance with its terms, be transferred upon the Registration Books by the Person in whose name it is registered, in person or by such person’s duly authorized attorney, upon surrender of the Bond for cancellation, accompanied by delivery of a written instrument of transfer, duly executed in a form acceptable to the Trustee. Whenever the Bond shall be surrendered for transfer, the Authority shall execute and the 1331
12 Trustee shall authenticate and shall deliver a new Bond registered in the name of the transferee and representing the then Outstanding principal amount of the Bond. The Trustee shall require the Bond Owner requesting such transfer to pay any tax or other governmental charge required to be paid with respect to such transfer. Notwithstanding the foregoing, the Bond is transferable only to an “accredited investor” within the meaning of Regulation D promulgated under the Securities Act or a “qualified institutional buyer” as defined in Rule 144A promulgated under the Securities Act, in each case that has delivered a Purchaser Letter (in the form attached as Exhibit C hereto) to the Authority, the City, the Trustee and Bond Counsel. Prior to any transfer of the Bond outside the book-entry system (including, but not limited to, the initial transfer outside the book-entry system) the transferor shall provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Internal Revenue Code Section 6045. The Trustee may rely on the information provided to it and shall have no responsibility to verify or ensure the accuracy of such information. The Bond may be exchanged at the Office of the Trustee for a new Bond registered in the same name and representing the same Outstanding principal amount as the Bond surrendered for exchange. The Trustee shall require the payment by the Bond Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. The Trustee shall not be obligated to make any transfer or exchange of the Bond pursuant to this Section during the period established by the Trustee preceding any date fixed for redemption of the Bond, or with respect to the Bond (or any portion thereof) that has been called for redemption. Section 2.05 Registration Books. The Trustee will keep or cause to be kept, at the Office of the Trustee, sufficient records for the registration and transfer of ownership of the Bond, which shall be open to inspection during regular business hours and upon reasonable written notice by the City; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on such records, the ownership of the Bond as hereinbefore provided. Section 2.06 Execution of the Bond. The Bond shall be executed in the name and on behalf of the Authority with the manual or facsimile signature of an Authorized Authority Representative attested by the manual or facsimile signature of the Secretary or any duly authorized deputy secretary of the Authority. The Bond shall then be delivered to the Trustee for authentication by it. In case any of such officers of the Authority who shall have signed or attested the Bond shall cease to be such officers of the Authority before the Bond so signed or attested shall have been authenticated or delivered by the Trustee, or issued by the Authority, the Bond may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the Authority as though those who signed and attested the same had continued to be such officers of the Authority, and also the Bond may be signed and attested on behalf of the Authority by such Persons as at the actual date of execution of the Bond shall be the proper officers of the Authority although at the nominal date of the Bond any such Person shall not have been such officer of the Authority. Section 2.07 Authentication of the Bond. Only if the Bond bears a certificate of authentication substantially in the form as that set forth in Exhibit A hereto, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of or on behalf of the Trustee shall be conclusive evidence that the Bond so 1332
13 authenticated have been duly executed, authenticated and delivered hereunder and is entitled to the benefits of this Indenture. Section 2.08 Temporary Bond. The Bond may be issued in temporary form, exchangeable for the definitive Bond when ready for delivery. Any temporary Bond may be printed, lithographed or typewritten, shall be in the principal amount of the Bond, shall be in fully registered form without coupons and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Authority and authenticated by the Trustee upon the same conditions and in substantially the same manner as the definitive Bond. If the Authority issues a temporary Bond, it will execute and deliver the definitive Bond as promptly thereafter as practicable, and thereupon the temporary Bond may be surrendered, for cancellation, at the Office of the Trustee and the Trustee shall authenticate and deliver in exchange for such temporary Bond the definitive Bond. Until so exchanged, the temporary Bond shall be entitled to the same benefits under this Indenture as the definitive Bond authenticated and delivered hereunder. Section 2.09 Mutilated, Lost, Destroyed or Stolen Bond. If the Bond shall become mutilated, the Authority, at the expense of the Owner of the Bond, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and delivered to, or in accordance with the order of, the Authority. If the Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence and indemnity (including, if requested, a surety bond) satisfactory to the Trustee shall be given, the Authority, at the expense of the Owner, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in replacement for the Bond so lost, destroyed or stolen (or, if the Bond shall have matured or shall have been called for redemption, instead of issuing a replacement Bond the Trustee may pay the same without surrender thereof). The Authority may require payment by the Owner of a sum not exceeding the actual cost of preparing each replacement Bond issued under this Section and of the expenses which may be incurred by the Authority and the Trustee. Any Bond issued under the provisions of this Section in lieu of the Bond alleged to be mutilated, lost, destroyed or stolen shall be deemed to constitute the same obligation and not an additional obligation of the Authority, and shall be entitled to the benefits of this Indenture equally and ratably with the Bond originally issued hereunder, upon the Trustee receiving indemnity and evidence of ownership reasonably satisfactory to it. ARTICLE III ISSUANCE OF BOND; APPLICATION OF PROCEEDS Section 3.01 Issuance of Bond. The Authority may, at any time, execute the Bond for issuance hereunder and deliver the same to the Trustee. The Trustee shall authenticate the Bond and deliver the Bond to the Original Purchaser upon receipt of a Written Request of the Authority and upon receipt of the purchase price therefor. Section 3.02 Application of Proceeds of the Bond. On the Closing Date, the net proceeds of the sale of the Bond received by the Trustee in the amount of $3,225,000 (being the purchase price for the Bond), shall be deposited by the Trustee as follows: (a) The Trustee shall deposit the amount of $125,000.00 in the Costs of Issuance Fund. 1333
14 (b) The Trustee shall deposit the amount of $3,100,000 in the Project Fund to be applied as provided in Section 3.04 hereof. The Trustee may establish one or more temporary accounts from time to time to facilitate the application of proceeds of the Bond. Section 3.03 Costs of Issuance Fund. The Trustee shall establish and maintain a separate fund designated the “Costs of Issuance Fund.” On the Closing Date, there shall be deposited in the Costs of Issuance Fund the amount specified in Section 3.02 hereof. The moneys in the Costs of Issuance Fund shall be used and withdrawn by the Trustee from time to time to pay the Costs of Issuance upon submission of a Written Request of the Authority stating (a) the Person to whom payment is to be made, (b) the amount to be paid, (c) the purpose for which the obligation was incurred, (d) that such payment is a proper charge against the Costs of Issuance Fund, and (e) that such amounts have not been the subject of a prior disbursement from the Costs of Issuance Fund, in each case together with a statement or invoice for each amount requested thereunder. Each such Written Request of the Authority shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. One hundred eighty (180) days following the Closing Date, or earlier upon the Written Request of the Authority, all amounts, if any, remaining in the Costs of Issuance Fund shall be withdrawn therefrom by the Trustee and transferred to the Interest Fund, and the Costs of Issuance Fund shall be closed. Section 3.04 Project Fund. The Trustee shall establish, maintain and hold in trust a separate fund designated as the “Project Fund.” The moneys in the Project Fund or the accounts therein shall be disbursed by the Trustee on behalf of the City as specified in a Written Request of the City in the form attached hereto as Exhibit B to pay the Project Costs, and to reimburse the City for the same. Each Written Request of the City shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. The Trustee shall be under no duty or obligation to analyze or verify any documentation supporting the payments or reimbursements in such Written Request but shall hold and provide to Owner upon request such documentation supporting the payments or reimbursements requested by the City, solely as a repository for the benefit of Owner. On the date on which the City determines that amounts in the Project Fund are no longer necessary for payment of the Project Costs, the City shall submit a Written Request to the Trustee to transfer any remaining balance in the Project Fund not needed for Project Fund purposes, to the Interest Fund to pay interest on the Bond, and the Project Fund shall be closed. Investment earnings on amounts on deposit in the Project Fund shall remain on deposit in the Project Fund for application in accordance with this Section. ARTICLE IV REDEMPTION OF BOND Section 4.01 Redemption of Bond. (a) Extraordinary Redemption. The Bond shall be subject to redemption, in whole or in part, on any date as directed by the City in a Written Request of the City provided to the Trustee not less than 30 days (or such lesser number of days acceptable to the Trustee, in the sole discretion of the Trustee) prior to such date, in denominations of $1.00 or integral multiples thereof, from and to the extent of any Net Insurance Proceeds received with respect to all or a portion of the Property, deposited 1334
15 by the Trustee in the Redemption Fund pursuant to Sections 5.03 and 5.04 hereof, at a Redemption Price equal to the principal amount of the Bond to be redeemed, plus accrued interest thereon to the date of redemption, without premium. Any such extraordinary redemption of the Bond in part shall be effected by a corresponding reduction in the outstanding principal amount of the Bond as reflected on the registration books maintained by the Trustee. (b) Optional Redemption. On any date commencing on and after October 1, 2028, the Authority may redeem, in whole or in part, the outstanding principal amount of the Bond in inverse order of principal payments, in a written Request of the Authority provided to the Trustee and the Owner of the Bond not less than 30 days (or such lesser number of days acceptable to the Trustee, in the discretion of the Trustee and the Owner) prior to such date, using any source of available funds, at the following redemption prices (expressed as a percentage of the principal amount of the Bond or portions thereof called for redemption) together with accrued interest to the date fixed for redemption, as follows. Redemption Dates Redemption Price October 1, 2028 through September 30, 2029 103% October 1, 2029 through September 30, 2030 103% October 1, 2030 through September 30, 2031 102% October 1, 2031 and thereafter 100% Any prepayment of the Bond made by the Authority hereunder shall be in a minimum principal amount of at least $500,000, or, if less than such minimum amount, the entire outstanding principal balance thereof. Any such optional redemption of the Bond in part shall be effected by a corresponding reduction in the outstanding principal amount of the Bond as reflected on the registration books maintained by the Trustee (c) Mandatory Sinking Fund Redemption. The Bond is subject to mandatory sinking fund redemption in part on October 1, 2027, and each October 1 thereafter, in integral multiples of $5,000, at a Redemption Price of the principal amount thereof plus accrued interest to the date fixed for redemption, without premium, in accordance with the following schedule: Redemption Date (October 1) Principal Amount 2027 $155,000 2028 165,000 2029 170,000 2030 180,000 2031 185,000 2032 195,000 2033 205,000 2034 210,000 2035 220,000 2036 230,000 2037 240,000 2038 250,000 2039 260,000 2040 275,000 1335
16 2041* 285,000 * Final Maturity. Each such mandatory sinking fund redemption shall be effected by a corresponding reduction in the outstanding principal amount of the Bond as reflected on the registration books maintained by the Trustee. In the event of a redemption pursuant to Section 4.01(a) or Section 4.01(b), the City shall provide to the Trustee a revised mandatory sinking fund schedule giving effect to such redemption, and the Trustee shall thereafter apply the mandatory sinking fund installments in accordance with such revised schedule, which shall supersede the schedule set forth in Section 4.01(c) (and any prior revisions thereof). Section 4.02 Notice of Redemption. The Authority shall provide the Trustee with written notice of any redemption pursuant to Section 4.01(a) at least ten (10) days prior to the date set for the redemption of the Bond, or such shorter period as may be consented to by the Trustee, such notice being for the convenience of the Trustee. The Trustee, on behalf of and at the expense of the Authority, shall provide notice of any redemption by first‑class mail to the Owner of the Bond at its address appearing on the Registration Books at least 20 but not more than 60 days prior to the date fixed for redemption. Such notice shall state the date of the notice, the redemption date, the place of redemption and the Redemption Price and, if the Bond is to be redeemed in part, the portion of the principal amount of the Bond to be redeemed (or, in the case of a redemption of the Bond in whole, shall so state), and shall require that the Bond to be surrendered at the Office of the Trustee for redemption at the Redemption Price, and shall state that interest on the Bond, or such portion thereof, will cease to accrue from and after the date fixed for redemption if funds sufficient to pay the Redemption Price are on deposit with the Trustee on such date. Such notice may state that any optional redemption is conditioned upon sufficient funds being on deposit on the redemption date to redeem the Bond, or portion thereof, so called for redemption. The failure of any Owner to receive any notice so given, nor any defect in such notice, shall affect the validity of the proceedings for the redemption of the Bond or the cessation of accrual of interest thereon from and after the date fixed for redemption. For the avoidance of doubt, neither the Authority nor the Trustee shall be required to provide notice to the Owner of the Bond in connection with mandatory sinking fund redemptions pursuant to Section 4.01(c). Section 4.03 Effect of Notice of Redemption. Notice having been mailed as aforesaid, and moneys for the Redemption Price, and the interest to the applicable date fixed for redemption, having been set aside in the Redemption Fund, the Bond, or portion thereof, shall become due and payable on such date, and, upon presentation of the Bond (in the case of payment of the entire outstanding principal amount) at the Office of the Trustee, shall be paid at the Redemption Price thereof, together with interest accrued and unpaid to such date. Section 4.04 Effect of Redemption. If, on any date fixed for redemption, moneys for the Redemption Price of the Bond, or the portion thereof to be redeemed, together with interest to such date, shall be held by the Trustee so as to be available therefor on such date, and if notice of redemption thereof shall have been mailed as aforesaid and not canceled, then from and after such date interest on the Bond, or portion thereof, shall cease to accrue and become payable. All moneys held by the Trustee for the redemption of the Bond, or portion thereof, shall be held in trust for the account of the Owner of the Bond without liability to such Owner for interest thereon. Upon payment of the Bond at maturity 1336
17 or upon redemption of the entire outstanding principal amount of the Bond prior to maturity pursuant to the provisions hereof, the Bond shall be canceled upon surrender thereof and destroyed. ARTICLE V SECURITY FOR BOND; FLOW OF FUNDS; INVESTMENTS Section 5.01 Pledge; Special Obligations. Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Base Rental Payments and any other amounts (including proceeds of the sale of the Bond) held in the Base Rental Payment Fund, the Interest Fund, the Principal Fund and the Redemption Fund are hereby pledged to secure the payment of the principal of, premium, if any, and interest on the Bond in accordance with its terms, the provisions of this Indenture and the Act. Said pledge shall constitute a first lien on such assets. All obligations of the Authority under this Indenture shall be special obligations of the Authority, payable solely from Rental Payments and the other assets pledged therefor hereunder. Neither the faith and credit nor the taxing power of the Authority, the City or the State of California, or any political subdivision thereof, is pledged to the payment of the Bond. Section 5.02 Flow of Funds. (a) The Trustee shall establish and maintain separate funds designated the “Base Rental Payment Fund,” the “Interest Fund,” the “Principal Fund” and the “Redemption Fund.” All Base Rental Payments shall be paid directly by the City to the Trustee, and if received by the Authority at any time shall be transferred by the Authority to the Trustee within one Business Day after the receipt thereof. (b) The Trustee shall transfer the amounts on deposit in the Base Rental Payment Fund, at the times and in the manner hereinafter provided, to the following respective funds in the following order of priority: (1) Interest Fund. On the Business Day immediately preceding each Interest Payment Date, the Trustee shall transfer from the Base Rental Payment Fund to the Interest Fund the amount, if any, necessary to cause the amount on deposit in the Interest Fund to be equal to the interest due on the Bond on such Interest Payment Date. Moneys in the Interest Fund shall be used by the Trustee to pay interest due on the Bond on each Interest Payment Date. (2) Principal Fund. On the Business Day immediately preceding each October 1, commencing October 1, 2027, the Trustee shall transfer from the Base Rental Payment Fund to the Principal Fund the amount, if any, necessary to cause the amount on deposit in the Principal Fund to be equal to the principal amount of the Bond due on such October 1 either as a result of the maturity thereof or mandatory sinking fund redemption payments required to be made with respect thereto. Moneys in the Principal Fund shall be used by the Trustee for the purpose of paying the principal of the Bond when due and payable at their maturity dates or upon earlier mandatory sinking fund redemption. 1337
18 (3) Redemption Fund. The Trustee shall deposit in the Redemption Fund any amounts required to be deposited therein pursuant to Section 5.03 or Section 5.04 hereof. Moneys in the Redemption Fund shall be used by the Trustee for the purpose of paying the principal of and interest and premium, if any, on Bond redeemed pursuant to the provisions of subsections (a) and (b) of Section 4.01 hereof. Section 5.03 Application of Net Insurance Proceeds. If the Property or any portion thereof shall be damaged or destroyed, subject to the further requirements of this Section, the City shall, as expeditiously as possible, continuously and diligently prosecute or cause to be prosecuted the repair or replacement thereof, unless the City elects not to repair or replace the Property or the affected portion thereof in accordance with the provisions hereof. The Net Insurance Proceeds (other than Net Insurance Proceeds of rental interruption insurance), including the proceeds of any self-insurance, received on account of any damage or destruction of the Property or a portion thereof shall as soon as possible be deposited with the Trustee and be held by the Trustee in a special account and made available for and, to the extent necessary, shall be applied to the cost of repair or replacement of the Property or the affected portion thereof upon receipt of a Written Request of the City, together with invoices therefor. Pending such application, such proceeds may be invested by the Trustee as directed by the City in Permitted Investments that mature not later than such times moneys are expected to be needed to pay such costs of repair or replacement. Notwithstanding the foregoing, the City shall, within 60 days of the occurrence of the event of damage or destruction, notify the Trustee in writing as to whether the City intends to replace or repair the Property or the portions of the Property which were damaged or destroyed. If the City does intend to replace or repair the Property or portions thereof, the City shall deposit with the Trustee the full amount of any insurance deductible to be credited to the special account. In the event of any damage to or destruction of the Property caused by one of the perils covered by the insurance required by Section 6.01(c) of the Lease Agreement which would result in an abatement of rental payments or any portion thereof pursuant to Section 3.06 thereof, then the City shall apply the Net Insurance Proceeds (other than Net Insurance Proceeds of rental interruption insurance), together with other legally available funds that the City elects to contribute, to the repair, reconstruction or replacement of the damaged or destroyed portions of the Property; provided, however, that the City shall not be required to repair or replace any portion of the Property pursuant to this Section 5.03 if such Net Insurance Proceeds, together with any other amounts held under this Indenture and any other legally available funds made available by the City at its election, are sufficient to prepay (i) all of the Outstanding Bond, or (ii) a portion of the Outstanding Bond such that the resulting Base Rental Payments under Section 4.01(a) in any Rental Period following such partial prepayment are sufficient to pay in such Rental Period the principal of and interest on the Bond to remain Outstanding immediately after such partial redemption. If the City is not required to replace or repair the Property, or the affected portion thereof, or to use such amounts to redeem The Bond, in each case as set forth in this Section 5.03, then such proceeds (and rental interruption insurance proceeds not applied pursuant to the next paragraph) shall, if there is first delivered to the Trustee a Written Certificate of the City to the effect that the annual fair rental value of the Property after such damage or destruction, and after any repairs or replacements made as a result of such damage or destruction, is at least equal to 100% of the maximum amount of Base Rental Payments becoming due under the Lease Agreement in the then current Rental Period or any subsequent Rental Period and the 1338
19 fair replacement value of the Property after such damage or destruction is at least equal to the principal amount of the Bond Outstanding, be paid to the City to be used for any lawful purpose. Proceeds of rental interruption insurance shall be deposited to the Base Rental Payment Fund and applied to the payment of Base Rental Payments to the extent of any abatement thereof pursuant to the Lease Agreement, and otherwise as directed by the City. The proceeds of any award in eminent domain received in respect to the Property shall be deposited by the Trustee in the Redemption Fund and applied to the redemption of The Bond pursuant to subsection (a) of Section 4.01 hereof. Section 5.04 Title Insurance. Proceeds of any policy of title insurance received by the Trustee in respect of the Property shall be applied and disbursed by the Trustee as follows: (a) if the City determines that the title defect giving rise to such proceeds has not substantially interfered with its use and occupancy of the Property and will not result in an abatement of Rental Payments payable by the City under the Lease Agreement, such proceeds shall be remitted to the City and used for any lawful purpose thereof; or (b) if the City determines that the title defect giving rise to such proceeds has substantially interfered with its use and occupancy of the Property and will result in an abatement of Rental Payments payable by the City under the Lease Agreement, then the Trustee shall immediately deposit such proceeds in the Redemption Fund and such proceeds shall be applied to the redemption of The Bond in the manner provided in subsection (a) of Section 4.01 hereof. Section 5.05 Rebate Fund. (a) Establishment. The Trustee shall establish a fund for the Bond designated the “Rebate Fund” when required in accordance herewith. Absent an Opinion of Counsel that the exclusion from gross income for federal income tax purposes of interest on the Bond will not be adversely affected, the Authority shall cause to be deposited in the Rebate Fund such amounts as are required to be deposited therein pursuant to this Section and the Tax Certificate. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust for payment to the United States Treasury. All amounts on deposit in the Rebate Fund for the Bond shall be governed by this Section and the Tax Certificate, unless and to the extent that the Authority delivers to the Trustee an opinion of Bond Counsel that the exclusion from gross income for federal income tax purposes of interest on the Bond will not be adversely affected if such requirements are not satisfied. Notwithstanding anything to the contrary contained herein or in the Tax Certificate, the Trustee: (1) shall be deemed conclusively to have complied with the provisions thereof if it follows all Written Requests of the Authority or Written Requests of the City; (2) shall have no liability or responsibility to enforce compliance by the Authority or the City with the terms of the Tax Certificate and shall not be deemed to have knowledge of the terms thereof; (3) may rely conclusively on the Authority’s or the City’s calculations and determinations and certifications relating to rebate matters; and (4) shall have no responsibility to independently make any calculations or determinations or to review the Authority’s or the City’s calculations or determinations thereunder. (i) Annual Computation. Within 55 days of the end of each fifth Bond Year (as such term is defined in the Tax Certificate), the Authority shall calculate or cause to be calculated the amount of rebatable arbitrage, in accordance with Section 148(f)(2) of the 1339
20 Code and Section 1.148-3 of the Treasury Regulations (taking into account any applicable exceptions with respect to the computation of the rebatable arbitrage, described, if applicable, in the Tax Certificate (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and the construction expenditures exception of Section 148(f)(4)(C) of the Code), and taking into account whether the election pursuant to Section 148(f)(4)(C)(vii) of the Code (the “1½% Penalty”) has been made), for this purpose treating the last day of the applicable Bond Year as a computation date, within the meaning of Section 1.148-1(b) of the Treasury Regulations (the “Rebatable Arbitrage”). The Authority shall obtain expert advice as to the amount of the Rebatable Arbitrage to comply with this Section. (ii) Annual Transfer. Within 55 days of the end of each fifth Bond Year, upon the Written Request of the Authority or Written Request of the City, an amount shall be deposited to the Rebate Fund by the Trustee from any Rental Payments legally available for such purpose (as specified by the Authority or the City in the aforesaid Written Request), if and to the extent required, so that the balance in the Rebate Fund shall equal the amount of Rebatable Arbitrage so calculated in accordance with clause (i) of this subsection (a). In the event that immediately following the transfer required by the previous sentence, the amount then on deposit to the credit of the Rebate Fund exceeds the amount required to be on deposit therein, upon Written Request of the Authority or Written Request of the City, the Trustee shall withdraw the excess from the Rebate Fund and then credit the excess to the Base Rental Payment Fund. (iii) Payment to the Treasury. The Trustee shall pay, as directed by Written Request of the Authority, to the United States Treasury, out of amounts in the Rebate Fund: (A) Not later than 60 days after the end of: (X) the fifth Bond Year; and (Y) each applicable fifth Bond Year thereafter, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Bond Year; and (B) Not later than 60 days after the payment of the Bond, an amount equal to 100% of the Rebatable Arbitrage calculated as of the end of such applicable Bond Year, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code and Section 1.148-3 of the Treasury Regulations. In the event that, prior to the time of any payment required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the Authority shall calculate or cause to be calculated the amount of such deficiency and deposit an amount received from any legally available source equal to such deficiency prior to the time such payment is due. Each payment required to be made pursuant to this subsection (a) shall be made to the Internal Revenue Service Center, Ogden, Utah 84201 on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T (prepared by the Authority), or shall be made in such other manner as provided under the Code. (b) Disposition of Unexpended Funds. Any funds remaining in the Rebate Fund after redemption and payment of the Bond and the payments described in subsection (a) above being made may be withdrawn by the Authority and utilized in any manner by the Authority. 1340
21 (c) Survival of Defeasance. Notwithstanding anything in this Section to the contrary, the obligation to comply with the requirements of this Section shall survive the defeasance or payment in full of the Bond. Section 5.06 Investment of Moneys. Except as otherwise provided herein, all moneys in any of the funds or accounts established pursuant to this Indenture and held by the Trustee shall be invested by the Trustee solely in Permitted Investments, as directed in writing by the Authority. The Trustee may conclusively rely upon the Authority’s written instructions as to both suitability and legality of Permitted Investments. Moneys in all funds and accounts held by the Trustee shall be invested in Permitted Investments maturing not later than the date on which it is estimated that such moneys will be required for the purposes specified in this Indenture. Absent timely written direction from the Authority, the Trustee shall hold any funds held by it uninvested. Subject to the provisions of Section 5.06 hereof, all interest, profits and other income received from the investment of moneys in any fund or account established pursuant to this Indenture shall be retained in such fund or account. Permitted Investments acquired as an investment of moneys in any fund established under this Indenture shall be credited to such fund. For the purpose of determining the amount in any fund, all Permitted Investments credited to such fund shall be valued by the Trustee at the fair market value thereof, such valuation to be performed not less frequently than semiannually on or before each April 15 and October 15. In determining fair market value, the Trustee may use and rely conclusively on any generally recognized securities pricing service available to it (including brokers and dealers in securities). The Trustee may act as principal or agent in the making or disposing of any investment. Upon the Written Request of the Authority, the Trustee shall sell or present for redemption any Permitted Investments so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund to which such Permitted Investments is credited, and the Trustee shall not be liable or responsible for any loss resulting from any investment made or sold pursuant to this Section. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or failure of the Authority to provide timely written investment direction. Ratings of permitted investments shall be determined at the time of purchase of such permitted investments and without regard to ratings subcategories. For purposes of investment, the Trustee may commingle moneys in any of the funds and accounts established hereunder. The Trustee may make any investments hereunder through the bond or investment department or trust investment department of the entity acting as Trustee hereunder, or those of such entity’s parent or any affiliate, and such entity, or its parent or affiliate, as applicable, shall be entitled to its normal, customary and reasonable compensation for such services. The entity acting as Trustee hereunder, or any of its affiliates, may act as sponsor, advisor or manager in connection with any investments made by the Trustee hereunder and such entity, or its affiliate, as applicable, shall be entitled to its normal, customary and reasonable compensation for such services, including account maintenance fees. The Authority and the City acknowledge that, to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Authority and the City the right to receive 1341
22 brokerage confirmations of security transactions as they occur, at no additional cost, the Authority and the City specifically waive receipt of such confirmations to the extent permitted by law. ARTICLE VI COVENANTS Section 6.01 Compliance with Agreements. The Trustee will not authenticate or deliver the Bond in any manner other than in accordance with the provisions hereof, and the Authority and the City will not suffer or permit any default by them to occur hereunder, but will faithfully comply with, keep, observe and perform all the agreements, conditions, covenants and terms hereof required to be complied with, kept, observed and performed by them. Section 6.02 Compliance with Ground Lease and Lease Agreement. The Authority and the City will faithfully comply with, keep, observe and perform all the agreements, conditions, covenants and terms contained in the Ground Lease and the Lease Agreement required to be complied with, kept, observed and performed by them and, together with the Trustee, will enforce the Ground Lease and the Lease Agreement against the other party thereto in accordance with their respective terms. Section 6.03 Observance of Laws and Regulations. The Authority, the City and the Trustee will faithfully comply with, keep, observe and perform all valid and lawful obligations or regulations now or hereafter imposed on them by contract, or prescribed by any law of the United States of America or of the State of California, or by any officer, board or commission having jurisdiction or control, as a condition of the continued enjoyment of each and every franchise, right or privilege now owned or hereafter acquired by them, including their right to exist and carry on their respective businesses, to the end that such franchises, rights and privileges shall be maintained and preserved and shall not become abandoned, forfeited or in any manner impaired. Section 6.04 Other Liens. The City will keep the Property and all parts thereof free from judgments and materialmen’s and mechanics’ liens and free from all claims, demands, encumbrances and other liens of whatever nature or character, and free from any claim or liability which materially impairs the City in conducting its business or utilizing the Property, and the Trustee at its option (after first giving the City ten days’ written notice to comply therewith and failure of the City to so comply within such ten-day period) may, but is in no event obligated to, defend against any and all actions or proceedings, or may pay or compromise any claim or demand asserted in any such actions or proceedings; provided, however, that, in defending against any such actions or proceedings or in paying or compromising any such claims or demands, the Trustee shall not in any event be deemed to have waived or released the City from liability for or on account of any of its agreements and covenants contained herein, or from its liability hereunder and to perform such agreements and covenants. So long as the Bond is Outstanding, none of the Trustee, the Authority or the City shall create or suffer to be created any pledge of or lien on the amounts on deposit in any of the funds or accounts created hereunder, other than the pledge and lien hereof. The Authority, the City and the Trustee shall not encumber the Property other than in accordance with the Ground Lease, the Lease Agreement, the Indenture and the Assignment Agreement. 1342
23 Section 6.05 Prosecution and Defense of Suits. The City will promptly, upon request of the Trustee (which request the Trustee is not required to make), take such action from time to time as may be necessary or proper to remedy or cure any cloud upon or defect in the title to the Property or any part thereof, whether now existing or hereafter developing, will prosecute all actions, suits or other proceedings as may be appropriate for such purpose and will indemnify and save the Trustee harmless from all cost, damage, expense or loss, including attorneys’ fees and expenses, which it or the Owner may incur by reason of any such cloud, defect, action, suit or other proceeding. Section 6.06 Accounting Records and Statements. The Trustee will keep proper accounting records in which complete and correct entries shall be made of all transactions relating to the receipt, deposit and disbursement of the Base Rental Payments, and such accounting records shall be available for inspection by the Authority and the City at reasonable hours and under reasonable conditions, including, without limitation, reasonable prior written notice of inspection. Section 6.07 Recordation and Filing. The City will record, or cause to be recorded, with the appropriate county recorder, the Lease Agreement, the Ground Lease and the Assignment Agreement, or memoranda thereof. Section 6.08 Tax Covenants. Notwithstanding any other provision of the Indenture, absent an Opinion of Counsel that the exclusion from gross income of the interest on the Bond will not be adversely affected for federal income tax purposes, the City and the Authority covenant to comply with all applicable requirements of the Code necessary to preserve such exclusion from gross income with respect to the Bond and specifically covenant, without limiting the generality of the foregoing, as follows: (a) No Arbitrage. The City and the Authority will not take, or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Bond which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bond would have caused the Bond to be “arbitrage bonds” within the meaning of section 148 of the Code. (b) Rebate Requirement. The City and the Authority will take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bond. (c) Private Activity Bond Limitation. The City and the Authority will assure that the proceeds of the Bond are not so used as to cause the Bond to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. (d) Federal Guarantee Prohibition. The City and the Authority will not take any action or permit or suffer any action to be taken if the result of such action would be to cause any of the Bond to be “federally guaranteed” within the meaning of section 149(b) of the Code. (e) Maintenance of Tax-Exemption. The City and the Authority will take all actions necessary to assure the exclusion of interest on the Bond from the gross income of the Owner of the Bond to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bond. 1343
24 (f) Record Retention. The City and the Authority will retain its records of all accounting and monitoring they carry out with respect to the Bond for at least 3 years after the Bond mature or are redeemed (whichever is earlier); however, if the Bond are redeemed and refunded, the City and the Authority will retain their records of accounting and monitoring at least 3 years after the earlier of the maturity or redemption of the obligations that refunded the Bond. (g) Compliance with Tax Certificate. The City and the Authority will comply with the provisions of the Tax Certificate with respect to the Bond, which are incorporated herein as if fully set forth herein. The covenants of this Section 6.08 will survive payment in full or defeasance of the Bond. This Section and the covenants set forth herein shall not be applicable to, and nothing contained herein shall be deemed to prevent the City and the Authority from causing the Trustee to issue revenue bonds or to execute and deliver contracts payable on a parity with the Bond, the interest with respect to which has been determined by an Opinion of Counsel to be subject to federal income taxation. Section 6.09 Continued Existence of Authority. The City and the Authority will take or cause to be taken all actions reasonably necessary to continue the Authority’s existence until such time as the Bond is no longer Outstanding under this Indenture, including but not limited to the addition of one or more new members to the Authority and execution of an amendment to the Joint Exercise of Powers Agreement to provide for the addition of such new members. Section 6.10 Further Assurances. Whenever and so often as requested to do so by the Trustee, the Authority and the City will promptly execute and deliver or cause to be executed and delivered all such other and further assurances, documents or instruments and promptly do or cause to be done all such other and further things as may be necessary or reasonably required in order to further and more fully vest in the Trustee all advantages, benefits, interests, powers, privileges and rights conferred or intended to be conferred upon it hereby or by the Assignment Agreement, the Ground Lease or the Lease Agreement. ARTICLE VII DEFAULT AND LIMITATIONS OF LIABILITY Section 7.01 Action on Default. If an Event of Default shall happen, then such event of default shall constitute an event of default hereunder. The Trustee, as assignee of the Authority, shall give notice to the City of an Event of Default under the Lease Agreement. In each and every case during the continuance of an Event of Default, the Trustee may, upon notice in writing to the City and the Authority, exercise any of the remedies granted to the Authority under the Lease Agreement and, in addition, take whatever action at law or in equity may appear necessary or desirable to enforce its rights as assignee pursuant to the Assignment Agreement or to protect and enforce any of the rights vested in the Trustee or the Owner by this Indenture or by the Bond, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement or for the enforcement of any other legal or equitable right, including any one or more of the remedies set forth in Section 7.02 hereof. 1344
25 Section 7.02 Other Remedies of the Trustee. Subject to the provisions of Section 7.01 hereof, the Trustee shall have the right: (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Authority or the City or any member, director, officer or employee thereof, and to compel the Authority or the City or any such member, director, officer or employee to perform or carry out its or his or her duties under law and the agreements and covenants required to be performed by it or him or her contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of any Event of Default hereunder to require the Authority and the City to account as the trustee of an express trust. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Owner any plan of reorganization, arrangement, adjustment or composition affecting the Bond or the rights of any Owner thereof, or to authorize the Trustee to vote in respect of the claim of any Owner in any such proceeding without the approval of the Owner. Section 7.03 Non-Waiver. A waiver of any default or breach of duty or contract by the Trustee shall not affect any subsequent default or breach of duty or contract or impair any rights or remedies on any such subsequent default or breach of duty or contract. No delay or omission by the Trustee to exercise any right or remedy accruing upon any default or breach of duty or contract shall impair any such right or remedy or shall be construed to be a waiver of any such default or breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon the Trustee by law or by this Article may be enforced and exercised from time to time and as often as the Trustee shall deem expedient. If any action, proceeding or suit to enforce any right or to exercise any remedy is abandoned or determined adversely to the Trustee or any Owner, then subject to any adverse determination, the Trustee, such Owner, the Authority and the City shall be restored to their former positions, rights and remedies as if such action, proceeding or suit had not been brought or taken. Section 7.04 Remedies Not Exclusive. Subject to the provisions of Section 7.01 hereof, no remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise and may be exercised without exhausting and without regard to any other remedy conferred by any law. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Section 7.05 No Liability by the Authority to the Owner. Except as expressly provided herein, the Authority shall not have any obligation or liability to the Owner with respect to the payment when due of the Base Rental Payments by the City, or with respect to the performance by the City of the other agreements and covenants required to be performed by it contained in the Lease Agreement or herein, or with respect to the performance by the Trustee of any right or obligation required to be performed by it contained herein. 1345
26 Section 7.06 No Liability by the City to the Owner. Except for the payment when due of the Base Rental Payments and the performance of the other agreements and covenants required to be performed by it contained in the Lease Agreement, the Ground Lease or herein, the City shall not have any obligation or liability to the Owner with respect to this Indenture or the preparation, execution, delivery or transfer of the Bond or the disbursement of the Base Rental Payments by the Trustee to the Owner, or with respect to the performance by the Trustee of any right or obligation required to be performed by it contained herein. Section 7.07 No Liability of the Trustee to the Owner. Except as expressly provided herein, the Trustee shall not have any obligation or liability to the Owner with respect to the payment when due of the Base Rental Payments by the City, or with respect to the performance by the Authority or the City of the other agreements and covenants required to be performed by them contained in the Lease Agreement, the Ground Lease or herein. Section 7.08 Application of Amounts After Default. All payments received by the Trustee with respect to the rental of the Property after the occurrence of an Event of Default by the City pursuant to Article VII of the Lease Agreement (including, without limitation, any proceeds received in connection with the sale, assignment or sublease of the Authority’s right, title and interest in the Ground Lease), and all damages or other payments received by the Trustee for the enforcement of any rights and powers of the Trustee under Article VII of the Lease Agreement, shall be deposited into the Base Rental Payment Fund and as soon as practicable thereafter applied, together with all other funds held hereunder (except funds in the Rebate Fund): (a) to the payment of all amounts due to the Trustee under Article VIII hereof; (b) to the payment of all amounts then due for interest on the Bond, in respect of which, or for the benefit of which, money has been collected (unless the Bond has become payable prior to such Event of Default and money for the payment of which is held by the Trustee), according to the amounts of interest on the Bond due and payable; and (c) to the payment of all amounts then due for principal of the Bond, in respect of which, or for the benefit of which, money has been collected (unless the Bond has become payable prior to such Event of Default and money for the payment of which is held by the Trustee), according to the amounts of principal of the Bond due and payable. Section 7.09 Trustee May Enforce Claims Without Possession of Bond. All rights of action and claims under this Indenture or the Bond may be prosecuted and enforced by the Trustee without the possession of the Bond or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the benefit of the Owner in respect of which such judgment has been recovered. Section 7.10 Limitation on Suits. The Owner of the Bond shall not have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or Trustee, or for any other remedy hereunder, unless (a) the Owner shall have previously given written notice to the Trustee of a continuing Event of Default, (b) the Owner shall have afforded to the Trustee indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request, (c) the Trustee for 60 days after its receipt of 1346
27 such notice, request and offer of indemnity shall have failed to institute any such proceedings, and (d) no direction inconsistent with such written request shall have been given to the Trustee during such 60 day period by the Owner. ARTICLE VIII THE TRUSTEE Section 8.01 Employment of the Trustee. The Authority hereby appoints and employs the Trustee to receive, deposit and disburse the Base Rental Payments, to authenticate, deliver and transfer the Bond and to perform the other functions contained herein, all in the manner provided herein and subject to the conditions and terms hereof. By executing and delivering this Indenture, the Trustee accepts the appointment and employment hereinabove referred to and accepts the rights and obligations of the Trustee provided herein, subject to the conditions and terms hereof. Other than when an Event of Default has occurred and is continuing, the Trustee undertakes to perform such duties and only such duties as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee. In case an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his own affairs. The Trustee hereby covenants and agrees that it will not encumber the Property other than in accordance with this Indenture or the Assignment Agreement. Section 8.02 Duties, Removal and Resignation of the Trustee. The Authority shall remove the Trustee initially a party hereto and any successor thereto if at any time (a) requested to do so by an instrument or concurrent instruments in writing signed by the Owner of the Bond (or its attorneys duly authorized in writing), or (b) the Trustee shall cease to be eligible in accordance with the following sentence, and shall appoint a successor Trustee. The Trustee and any successor Trustee shall be: (i) a national banking association in good standing authorized to exercise trust powers or having the powers of a trust company and duly authorized to exercise trust powers within the State having a combined capital and surplus of at least $50,000,000, and subject to supervision or examination by federal or state authority, or (ii) a state-chartered commercial bank that is a member of the Federal Reserve System having at least $1,000,000,000 of assets. No removal, resignation or termination of the Trustee shall take effect until a successor, meeting the requirements above, shall be qualified and appointed. If such entity publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Authority shall provide 30 days written notice to the Trustee of the removal of the Trustee and the removal of the Trustee by the Authority shall be subject to such party not being in default under the transaction documents. The Trustee may at any time resign by giving written notice of such resignation to the Authority and the City and by giving notice, by first-class mail, postage prepaid, of such resignation to the Owner at its address appearing on the Registration Books. Upon receiving such notice of resignation, the Authority shall promptly appoint a successor Trustee by an instrument in writing; provided, however, that in the event the Authority does not appoint a successor Trustee within 30 days following receipt of such notice of resignation, the resigning Trustee may, at the expense of the Authority, petition the appropriate court having jurisdiction to appoint a successor Trustee. Any resignation or removal of a 1347
28 Trustee and appointment of a successor Trustee shall become effective only upon acceptance of appointment by the successor Trustee. Any corporation, association or agency into which the Trustee may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party, provided that such entity meets the combined capital and surplus requirements of this Section, ipso facto, shall be and become successor trustee under this Indenture and vested with all the trusts, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any of the parties hereto, anything herein to the contrary notwithstanding. Section 8.03 Compensation of the Trustee. The City shall from time to time, subject to any written agreement then in effect with the Trustee, pay the Trustee reasonable compensation for all its services rendered hereunder and reimburse the Trustee for all its reasonable advances and expenditures (which shall not include “overhead expenses” except as such expenses are included as a component of the Trustee’s stated annual fees) hereunder, including but not limited to advances to and reasonable fees and reasonable expenses of accountants, agents, appraisers, consultants or other experts, and counsel not directly employed by the Trustee but an attorney or firm of attorneys retained by the Trustee, employed by it in the exercise and performance of its rights and obligations hereunder. The Trustee may take whatever legal actions are lawfully available to it directly against the Authority or the City. The City shall, to the extent permitted by law, indemnify and save the Trustee harmless against any loss, damage, liabilities, costs, claims or expenses, including those of its attorneys, which it may incur in the exercise and performance of its powers and duties hereunder, under the Lease Agreement, or in connection with any document or transaction contemplated hereunder or thereunder, including the enforcement of any remedies and the defense of any suit, and which are not due to its negligence or its willful misconduct as finally adjudicated by a court of competent jurisdiction. The duty of the City to indemnify the Trustee shall survive the termination and discharge of this Indenture and the earlier removal or resignation of the Trustee. If the Trustee renders any service hereunder not provided for in this Indenture or related financing documents, or the Trustee is made a party to or intervenes in any litigation pertaining to this Indenture or related financing documents or institutes interpleader proceedings relative hereto, the Trustee shall be compensated reasonably by the Authority for such extraordinary services and reimbursed for any and all claims, liabilities, losses, damages, fines, penalties, and expenses, including out-of-pocket and incidental expenses and legal fees and expenses occasioned thereby. No provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers hereunder. The Trustee may refuse to perform any duty or exercise any right or power which would require it to expend its own funds or risk any liability if it shall reasonably believe that repayment of such funds or adequate indemnity against such risk is not reasonably assured to it. Upon an Event of Default, and only upon an Event of Default, the Trustee shall have a first lien with right of payment prior to payment on account of principal of and premium, if any, and interest 1348
29 on any Bond, upon the trust estate for the foregoing fees, charges and expenses incurred by it. When the Trustee incurs expenses or renders services after the occurrence of an Event of Default, such expenses and the compensation for such services are intended to constitute expenses of administration under any federal or state bankruptcy, insolvency, arrangement, moratorium, reorganization or other debtor relief law. Section 8.04 Protection of the Trustee. The Trustee shall be protected and shall incur no liability in acting or proceeding in good faith upon any affidavit, bond, certificate, consent, notice, request, requisition, resolution, statement, telegram, voucher, waiver or other paper or document which it shall in good faith believe to be genuine and to have been adopted, executed or delivered by the proper party or pursuant to any of the provisions hereof, and the Trustee shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument, but may accept and rely upon the same as conclusive evidence of the truth and accuracy of such statements. The Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request or direction of the Owner of the Bond pursuant to this Indenture, unless the Owner shall have offered to the Trustee security or indemnity, reasonably satisfactory to the Trustee, against the reasonable costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Trustee may consult with counsel, who may be counsel to the Authority or the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect to any action taken or suffered by it hereunder in good faith in accordance therewith. The Trustee shall not be responsible for the sufficiency of the Bond or the Lease Agreement, or of the assignment made to it by the Assignment Agreement, or for statements made in any disclosure material prepared or distributed relating to the Bond, or of the title to the Property. The Trustee shall have no responsibility for compliance with any state or federal securities laws in connection with the Bond. Whenever in the administration of its rights and obligations hereunder the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Written Certificate of the City or a Written Certificate of the Authority, and such certificate shall be full warrant to the Trustee for any action taken or suffered under the provisions hereof upon the faith thereof, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as it deems reasonable. The Trustee may buy, sell, own, hold and deal in the Bond and may join in any action which the Owner may be entitled to take with like effect as if the Trustee were not a party hereto. The Trustee, either as principal or agent, may also engage in or be interested in any financial or other transaction with the Authority or the City, and may act as agent, depository or trustee for any committee or body for the Owner of obligations of the Authority or the City as freely as if it were not the Trustee hereunder. The Trustee may, to the extent reasonably necessary, execute any of the trusts or powers hereof and perform any rights and obligations required of it hereunder either directly or by or through agents, attorneys, custodians, nominees or receivers appointed with due care, and shall be entitled to advice of counsel concerning all matters of trust and its rights and obligations hereunder, and the Trustee shall not be answerable for the negligence or misconduct of any such agent, attorney, custodian, nominee or 1349
30 receiver selected by it with reasonable care; provided, however, that in the event of any negligence or misconduct of any such attorney, agent or receiver, the Trustee shall in a commercially reasonable manner pursue all remedies of the Trustee against such agent, attorney or receiver. The Trustee shall not be liable for any error of judgment made by it in good faith unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts. The Trustee shall not be answerable for the exercise of any trusts or powers hereunder or for anything whatsoever in connection with the funds established hereunder, except only for its own willful misconduct, negligence or breach of an obligation hereunder. The Trustee shall not be deemed to have knowledge of an Event of Default unless it has actual knowledge thereof. The Trustee may, on behalf of the Owner, intervene in any judicial proceeding to which the Authority or the City is a party and which, in the opinion of the Trustee and its counsel, affects the Bond or the security therefor, and shall do so if requested in writing by the Owner, provided the Trustee shall have no duty to take such action unless it has been indemnified to its reasonable satisfaction against all risk or liability arising from such action. The Trustee’s rights to immunities and protection from liability hereunder and its rights to payment of its fees and expenses shall survive its resignation or removal and final payment or defeasance of the Bond. All indemnifications and releases from liability granted herein to the Trustee shall extend to the directors, officers, employees and agents of the Trustee. The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty, and the Trustee shall not be answerable for other than its negligence or willful default. The Trustee shall have no responsibility or liability with respect to any information, statements or recitals in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bond. The Trustee shall not be accountable for the use or application by the City of any of the Bond or the proceeds thereof or for the use or application of any money paid over by the Trustee in accordance with the provisions of this Indenture or for the use and application of money received by any paying agent. In no event shall the Trustee be responsible or liable for special, indirect, consequential, punitive or incidental loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, epidemics, recognized public emergencies, quarantine restrictions, nuclear or natural catastrophes or acts of God, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, and hacking, cyber-attacks, or other use or infiltration of the Trustee’s technological infrastructure exceeding authorized access; it being understood that the Trustee shall use reasonable efforts that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances. 1350
31 The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Indenture and related financing documents and delivered using Electronic Means; provided, however, that the Authority or the City, as applicable, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Authority or the City, as applicable, whenever a person is to be added or deleted from the listing. If the Authority or the City, as applicable, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Authority and the City understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Authority and the City shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Authority, the City and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Authority and/or the City, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Authority and the City agree: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Authority and/or the City, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. In acting or omitting to act pursuant to the Lease Agreement or Ground Lease, the Trustee shall be entitled to all of the rights, immunities and indemnities accorded to it under this Indenture and the Lease Agreement, including, but not limited to, this Article VIII. ARTICLE IX MODIFICATION OR AMENDMENTS Section 9.01 Modifications and Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, the City, the Owner of the Bond and the Trustee may be modified or amended from time to time and at any time by a Supplemental Indenture, which the Authority, the City and the Trustee may enter into with the prior written consent of the Owner the Bond, which shall have been filed with the Trustee. No such modification or amendment shall (i) extend the fixed maturity of the Bond, or reduce the amount of principal thereof or the rate of interest thereon, or extend the time of payment, without the consent of the Owner of the Bond, or (ii) permit the creation of any lien on the Base Rental Payments and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture or deprive the Owner of the Bond of the lien created by this Indenture on such Base Rental Payments and other assets (except as expressly provided in this Indenture), without the consent of Owner of the Bond. 1351
32 It shall not be necessary for the consent of the Owner of the Bond to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. (b) Promptly after the execution by the Authority, the City and the Trustee of any Supplemental Indenture, the Trustee shall mail a notice (the form of which shall be furnished to the Trustee by the Authority), by first class mail postage prepaid, setting forth in general terms the substance of such Supplemental Indenture, to the Owner of the Bond at its address shown on the Registration Books. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture. (c) No Supplemental Indenture shall modify any of the rights or obligations of the Trustee without the Trustee’s prior written consent. Section 9.02 Effect of Supplemental Indenture. Upon the execution of any Supplemental Indenture pursuant to this Article, this Indenture shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the Authority, the City, the Trustee and the Owner of the Bond shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes. In executing, or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modification thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture and complies with the terms hereof. Section 9.03 Endorsement of Bond; Preparation of New Bond. The Bond delivered after the execution of any Supplemental Indenture pursuant to this Article may, and if the Authority so determines shall, bear a notation, by endorsement or otherwise, in form approved by the Authority and the Trustee, as to any modification or amendment provided for in such Supplemental Indenture, and in that case, upon demand of the Owner of the Bond and presentation of the Bond at the Office of the Trustee, a suitable notation shall be made on the Bond. If the Supplemental Indenture shall so provide, a new Bond, so modified as to conform, in the opinion of the Authority and the Trustee, to any modification or amendment contained in such Supplemental Indenture, shall be prepared and executed by the Authority and authenticated by the Trustee, and, upon demand of the Owner of the Bond, shall be exchanged at the Office of the Trustee, without cost to the Owner, for the Bond then Outstanding, upon surrender for cancellation of such Bond. ARTICLE X DEFEASANCE Section 10.01 Discharge of Indenture. If the Authority shall pay or cause to be paid or there shall otherwise be paid to the Owner of the Bond the principal thereof and the interest and premium, if any, thereon at the times and in the manner stipulated herein and therein, then the Owner of the Bond shall cease to be entitled to the pledge of the Base Rental Payments and the other assets as provided herein, and all agreements, covenants and other obligations of the Authority and the City to the Owner 1352
33 of the Bond hereunder shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority and the City all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver to the City all money or securities held by it pursuant hereto which are not required for the payment of the principal of and interest and premium, if any, on such Bond. Subject to the provisions of the above paragraph, when the Bond shall have been paid and if, at the time of such payment, the Authority and the City shall have kept, performed and observed all of the covenants and promises in the Bond and in this Indenture required or contemplated to be kept, performed and observed by them on or prior to that time, then this Indenture shall be considered to have been discharged in respect of the Bond and the Bond shall cease to be entitled to the lien of this Indenture and such lien and all covenants, agreements and other obligations of the Authority and the City hereunder shall cease, terminate become void and be completely discharged. Notwithstanding the satisfaction and discharge of this Indenture or the discharge of this Indenture in respect of the Bond, those provisions of this Indenture relating to the maturity of the Bond, interest payments and dates thereof, exchange and transfer of Bond, replacement of mutilated, destroyed, lost or stolen Bond, the safekeeping and cancellation of the Bond, non-presentment of the Bond, and the duties of the Trustee in connection with all of the foregoing, shall remain in effect and shall be binding upon the Trustee and the Owner of the Bond and the Trustee shall continue to be obligated to hold in trust any moneys or investments then held by the Trustee for the payment of the principal of and interest and premium, if any, on the Bond, to pay to the Owner of Bond the funds so held by the Trustee as and when such payment becomes due. Notwithstanding the satisfaction and discharge of this Indenture or the discharge of this Indenture in respect of the Bond, those provisions of this Indenture relating to the compensation and indemnity of the Trustee shall remain in effect and shall be binding upon the Trustee, the City and the Authority. Section 10.02 Bond Deemed To Have Been Paid. If moneys shall have been set aside and held by the Trustee (or an escrow agent or other fiduciary) for the payment or redemption of the Bond and the interest thereon at the maturity or redemption date thereof, the Bond shall be deemed to have been paid within the meaning and with the effect provided in Section 10.01 hereof. The Bond shall, prior to the maturity date or redemption date thereof, be deemed to have been paid within the meaning of and with the effect expressed in Section 10.01 hereof if (a) in case the Bond is to be redeemed on any date prior to their maturity date, the Authority shall have given to the Trustee in form satisfactory to it irrevocable instructions to mail, on a date in accordance with the provisions of Section 4.02 hereof, notice of redemption of the Bond on said redemption date, said notice to be given in accordance with Section 4.02 hereof, (b) there shall have been deposited with the Trustee (or an escrow agent or other fiduciary) either (i) money in an amount which shall be sufficient, or (ii) Federal Securities that are not subject to redemption other than at the option of the holder thereof, the interest on and principal of which when paid will provide money which, together with the money, if any deposited or on deposit with the Trustee at the same time, shall, as verified in writing by an independent certified public accountant, be sufficient to pay when due the interest to become due on the Bond on and prior to the maturity date or redemption date thereof, as the case may be, and the principal of and premium, if any, on the Bond, and (c) in the event the Bond is not by its terms subject to redemption within the next succeeding 60 days, the Authority shall have given the Trustee in form satisfactory to it irrevocable instructions to mail as soon as practicable, a notice to the owner of the Bond that the deposit required by clause (b) above has been made with the Trustee (or an escrow agent or other fiduciary) and that the Bond, is deemed to have been paid in accordance with this Section and stating the maturity date or 1353
34 redemption date upon which money is to be available for the payment of the principal of and premium, if any, on the Bond. Section 10.03 Payment of Bond After Discharge of Indenture. Notwithstanding any provisions of this Indenture, to the extent permitted by law, any moneys held by the Trustee in trust for the payment of the principal of, or premium or interest on, the Bond and remaining unclaimed for two years after the date of deposit of such moneys, shall be repaid to the Authority (without liability for interest) free from the trusts created by this Indenture, and all liability of the Trustee with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the Authority as aforesaid, the Trustee may (at the cost of the Authority) first mail, by first class mail postage prepaid, to the Owner of the Bond, at its address shown on the Registration Books, a notice, in such form as may be deemed appropriate by the Trustee with respect to the Bond so payable and not presented and with respect to the provisions relating to the repayment to the Authority of the moneys held for the payment thereof. Any money held by the Trustee pursuant to this paragraph shall be held uninvested and without any liability for interest. ARTICLE XI MISCELLANEOUS Section 11.01 Benefits of Indenture Limited to Parties. Nothing contained herein, expressed or implied, is intended to give to any person other than the Authority, the City, the Trustee and the Owner any claim, remedy or right under or pursuant hereto, and any agreement, condition, covenant or term required herein to be observed or performed by or on behalf of the Authority or the City shall be for the sole and exclusive benefit of the Trustee and the Owner. Section 11.02 Successor Deemed Included in all References to Predecessor. Whenever the Authority, the City or the Trustee, or any officer thereof, is named or referred to herein, such reference shall be deemed to include the successor to the powers, duties and functions that are presently vested in the Authority, the City or the Trustee, or such officer, and all agreements, conditions, covenants and terms required hereby to be observed or performed by or on behalf of the Authority, the City or the Trustee, or any officer thereof, shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. Section 11.03 Execution of Documents by Owner. Any declaration, request or other instrument which is permitted or required herein to be executed by Owner may be in one or more instruments of similar tenor and may be executed by Owner in person or by their attorneys appointed in writing. The fact and date of the execution by any Owner or his attorney of any declaration, request or other instrument or of any writing appointing such attorney may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state or territory in which he purports to act that the person signing such declaration, request or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer, or by such other proof as the Trustee may accept which it may deem sufficient. The ownership of the Bond and the amount, payment date, number and date of owning the same may be proved by the Registration Books. 1354
35 Any declaration, request or other instrument in writing of the Owner of any Bond shall bind all future owners of the Bond with respect to anything done or suffered to be done by the Authority, the City or the Trustee in good faith and in accordance therewith. Section 11.04 Waiver of Personal Liability. Notwithstanding anything contained herein to the contrary, no member, officer or employee of the Authority or the City shall be individually or personally liable for the payment of any moneys, including without limitation, the principal of or interest on the Bond, but nothing contained herein shall relieve any member, officer or employee of the City or the Authority from the performance of any official duty provided by any applicable provisions of law, by the Lease Agreement or hereby. Section 11.05 Destruction of Bond. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the Authority of the Bond, the Trustee may, in lieu of such cancellation and delivery, destroy the Bond. Section 11.06 Funds and Accounts. Any fund or account required to be established and maintained herein by the Trustee may be established and maintained in the accounting records of the Trustee either as an account or a fund, and may, for the purposes of such accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund, but all such records with respect to all such funds and accounts shall at all times be maintained in accordance with sound accounting practice and with due regard for the protection of the security of the Bond and the rights of the Owner. The Trustee may commingle any of the moneys held by it hereunder for investment purposes only; provided, however, that the Trustee shall account separately for the moneys in each fund or account established pursuant to this Indenture. The Trustee may establish such funds and accounts as it deems necessary or appropriate to perform its obligations hereunder. Section 11.07 Article and Section Headings Gender and References. The singular form of any word used herein, including the terms defined in Section 1.01 hereof, shall include the plural, and vice versa, unless the context otherwise requires. The use herein of a pronoun of any gender shall include correlative words of the other genders. The headings or titles of the several Articles and Sections hereof and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. All references herein to “Articles,” “Sections,” subsections or clauses are to the corresponding Articles, Sections, subsections or clauses hereof, and the words “hereby,” “herein,” “hereof,” “hereto,” “herewith,” “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section, subsection or clause thereof. Section 11.08 Partial Invalidity. If any one or more of the agreements, conditions, covenants or terms required herein to be observed or performed by or on the part of the Authority, the City or the Trustee shall be contrary to law, then such agreement or agreements, such condition or conditions, such covenant or covenants or such term or terms shall be null and void to the extent contrary to law and shall be deemed separable from the remaining agreements, conditions, covenants and terms hereof and shall in no way affect the validity hereof or of the Bond, and the Owner shall retain all the benefit, protection and security afforded to it under any applicable provisions of law. The Authority, the City and the Trustee hereby declare that they would have executed this Indenture, and each and every Article, Section, paragraph, subsection, sentence, clause and phrase hereof and would have authorized the execution and delivery of the Bond pursuant hereto irrespective of the fact that any 1355
36 one or more Articles, Sections, paragraphs, subsections, sentences, clauses or phrases hereof or the application thereof to any person or circumstance may be held to be unconstitutional, unenforceable or invalid. Section 11.09 Money Held for the Bond. The money held by the Trustee for the payment of interest, principal or premium due on any date with respect to the Bond (or any portion of the Bond in the case of a partial redemption) shall, on and after such date and pending such payment, be set aside on its books and held in trust by it for the Owner of the Bond entitled thereto, subject, however, to the provisions of Section 10.03 hereof, but without any liability for interest thereon. Section 11.10 Payment on Non-Business Days. In the event any payment is required to be made hereunder on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day with the same effect as if made on such non-Business Day. Section 11.11 California Law. This Indenture shall be construed and governed in accordance with the laws of the State of California. Section 11.12 Notices. All written notices to be given hereunder shall be given by mail to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: If to the City: City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Director Finance If to the Authority: City of Chino Public Financing Authority c/o City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Treasurer If to the Trustee: The Bank of New York Mellon Trust Company, N.A. [BNY to provide] Attention: Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, upon the sender’s receipt of an appropriate answer back or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. 1356
37 Section 11.13 Additional Rights of Original Purchaser. The following provisions shall apply so long as the Original Purchaser is the Owner of the Bond: (a) Notwithstanding any other provision of this Indenture, the Original Purchaser shall have the right to consent to the appointment of a successor Trustee appointed by the Authority after the resignation or removal of the Trustee. (b) Notwithstanding any other provision of this Indenture, the Original Purchaser shall have the right to consent to any amendment to this Indenture and the Lease Agreement, including, but not limited to, the substation or release of the Property. (c) The Original Purchaser is hereby expressly made a third-party beneficiary of this Indenture and the Lease Agreement. (d) The Trustee or the Authority, as applicable, shall notify the Original Purchaser of any failure of the City to provide relevant notices, certificates or other similar documents as required by the Lease Agreement. (e) Notwithstanding anything herein to the contrary, the Bond shall not be required to be surrendered for any payment other than for final payment. In the event of a lost or mutilated Bond, the Original Purchaser shall not be charged fees or expenses that are greater than $500 or required to complete more than one affidavit. Otherwise, the Bond shall not be required for final payment thereof and a PDF copy shall be sufficient for payment. (f) Notwithstanding anything to the contrary herein or in the Lease Agreement, the parties hereto agree and acknowledge that the City and the Original Purchaser have executed that certain Supplemental Agreement dated as of July 14, 2026 (the “Supplemental Agreement”), and the terms of such Supplemental Agreement shall be adhered to by the City so long as the Original Purchaser is the Owner of the Bond, including, but not limited to, the waiver of jury trial/judicial reference provisions set forth in the Supplemental Agreement. Section 11.14 Execution in Counterparts. This Indenture may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 1357
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IN WITNESS WHEREOF, the Authority and the City have caused this Indenture to be signed in their respective names by their representative thereunto duly authorized, and the Trustee, in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officer thereunto duly authorized, all as of the day and year first above written. CITY OF CHINO PUBLIC FINANCING AUTHORITY By: KAREN COMSTOCK CHAIR ATTEST: By: NATALIE GONZAGA SECRETARY CITY OF CHINO By: DR. LINDA REICH CITY MANAGER ATTEST: By: NATALIE GONZAGA CITY CLERK [SIGNATURES CONTINUED ON NEXT PAGE.] 1358
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[SIGNATURE PAGE CONTINUED.] THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Authorized Officer 1359
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EXHIBIT A FORM OF BOND $3,225,000 THIS BOND HAS NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, RESOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS SO REGISTERED OR IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, OR UNLESS SOLD TO AN "ACCREDITED INVESTOR" WITHIN THE MEANING OF REGULATION D PROMULGATED UNDER THE SECURITIES ACT OR A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A PROMULGATED UNDER THE SECURITIES ACT IN EACH CASE ACT PURCHASING FOR ITS OWN ACCOUNT AND NOT WITH A VIEW TO DISTRIBUTE THIS BOND, IN A TRANSACTION NOT INVOLVING A PUBLIC OFFERING, WHO DELIVERS TO THE TRUSTEE, THE AUTHORITY, THE CITY AND BOND COUNSEL AN EXECUTED PURCHASER LETTER SUBSTIANTIALLY IN THE FORM SET FORTH IN THE INDENTURE.
CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND INTEREST RATE MATURITY DATE DATED DATE _4.250% October 1, 2041 July 14, 2026 REGISTERED OWNER: PRINCIPAL AMOUNT: THREE MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS The City of Chino Public Financing Authority (the “Authority”), for value received, hereby promises to pay, solely from the Base Rental Payments (as hereinafter defined) or amounts in certain funds and accounts held under the Indenture (as hereinafter defined), to the Registered Owner identified above or registered assigns (the “Registered Owner”), on the Maturity Date identified above or on any earlier redemption date, the Principal Amount identified above in lawful money of the United States of America; and to pay interest thereon at the Interest Rate identified above in like lawful money from the date hereof payable semiannually on April 1 and October 1 in each year, commencing October 1, 2026 (the “Interest Payment Dates”) (calculated on the basis of a 360-day year of twelve 30-day months), until payment of such Principal Amount in full; provided, however, that so long as any other Event of Default shall have occurred and is continuing, the interest rate on the Bond may, at the option of the Registered Owner of the Bond, be increased to the Default Rate as provided in the Indenture; provided further, however, from and after the Date of Taxability following a Determination of Taxability, the interest rate on the Bond shall be increased to the Taxable Rate. For purposes of the Indenture, the Registered Owner shall be deemed to be the “Owner” of this Bond. 1360
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This Bond shall bear interest from the Interest Payment Date next preceding the date of authentication of this Bond (unless this Bond is authenticated on or before an Interest Payment Date and after the close of business on the fifteenth calendar day of the month next preceding such Interest Payment Date, whether or not such day is a Business Day, in which event it shall bear interest from such Interest Payment Date, or unless this Bond is authenticated on or prior to September 15, 2026, in which event it shall bear interest from the Dated Date identified above; provided, however, that if, at the time of authentication of this Bond, interest is in default on this Bond, interest on this Bond shall be payable from the date to which interest hereon has been paid in full, payable on each Interest Payment Date). The final installment of principal hereof is payable upon surrender hereof upon maturity or earlier redemption at the Office of the Trustee (as hereinafter defined). Interest hereon is payable by wire or check of The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”), mailed by first class mail, postage prepaid, on each Interest Payment Date to the Registered Owner hereof at the address of the Registered Owner shown on the Registration Books at the close of business on the fifteenth calendar day of the month next preceding such Interest Payment Date. “Office of the Trustee” means the principal corporate trust office of the Trustee in Los Angeles, California, or such other office as may be specified to the Authority and the City of Chino (the “City”) by the Trustee in writing, except that with respect to presentation of this Bond at maturity or for registration of transfer and exchange such term shall mean the office or the agency of the Trustee at which, at any particular time, its corporate trust agency shall be conducted as specified to the Authority and the City by the Trustee in writing. Notwithstanding anything herein to the contrary, so long as this Bond is owned by the Original Purchaser: (i) the Trustee shall pay principal of, premium, if any, and interest on the Bond when due by wire transfer in immediately available funds to the Original Purchaser in accordance with such wire transfer instructions as shall be filed by the Original Purchaser with the Trustee from time to time; (ii) payments of principal on the Bond shall be made without the requirement for presentation and surrender by the Original Purchaser, provided that principal which is payable at maturity or full redemption shall be made only upon presentation and surrender at the Office of the Trustee; and (iii) the Trustee shall not be required to give notice to the Original Purchaser of the mandatory sinking fund payments described in Indenture. This Bond is the sole duly authorized bond issued under the Indenture for the purpose of financing the Project (as defined in the Indenture) and is the only bond designated “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) in the aggregate principal amount of $3,225,000. This Bond is issued pursuant to the Indenture, dated as of July 1, 2026 (the “Indenture”), by and among the Authority, the City and the Trustee, and this reference incorporates the Indenture herein, and by acceptance hereof the Registered Owner of this Bond assents to said terms and conditions. The Indenture is entered into, and this Bond is issued under, the Marks-Roos Local Bond Pooling Act of 1985 (the “Act”) and the laws of the State of California. This Bond may be endorsed or exchanged to reflect any modification or amendment of the Indenture, as provided in Section 9.03 thereof. Pursuant to the Indenture, the principal of and interest on the Bond is payable solely from certain base rental payments (the “Base Rental Payments”) under and pursuant to that certain Lease Agreement, dated as of July 1, 2026 (the “Lease Agreement”), by and between the City, as lessee, and the Authority, as lessor, all of which rights to receive such Base Rental Payments have been assigned without recourse by the Authority to the Trustee. Subject only to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth therein, all of the Base Rental Payments and any other amounts (including proceeds of the sale of the Bond) 1361
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held in the Base Rental Payment Fund, the Interest Fund, the Principal Fund and the Redemption Fund established under the Indenture are pledged to secure the payment of the principal of, premium, if any, and interest on the Bond in accordance with its terms, the provisions of the Indenture and the Act. Said pledge constitutes a first lien on such assets. This Bond is issued only in fully registered form, without coupons, as a single Bond in the aggregate principal amount set forth above, with the Outstanding principal amount of this Bond being reduced from time to time by payment or redemption as provided in the Indenture. This Bond is subject to extraordinary, optional and sinking fund redemption as provided in the Indenture. The Trustee on behalf and at the expense of the Authority shall provide notice of any redemption as provided in the Indenture. Subject to the limitations and upon payment of the charges, if any, provided in the Indenture, this Bond may be exchanged at the Office of the Trustee for a new Bond registered in the same name and representing the same Outstanding principal amount as this Bond. This Bond is transferable by the Registered Owner hereof, in person or by his duly authorized attorney, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond, representing the same Outstanding principal amount, will be issued to the transferee in exchange herefor. The Authority, the City and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the Authority, the City and the Trustee shall not be affected by any notice to the contrary. Notwithstanding the foregoing, the Bond is transferable only to an “accredited investor” within the meaning of Regulation D promulgated under the Securities Act or a “qualified institutional buyer” as defined in Rule 144A promulgated under the Securities Act who has delivered a Purchaser Letter (in the form attached as Exhibit C hereto) to the Authority, the City, the Trustee, and Bond Counsel. The Indenture and the rights and obligations of the Authority, the City, the Registered Owner of the Bond and the Trustee may be modified or amended from time to time and at any time in the manner, to the extent, and upon the terms provided in the Indenture; provided that no such modification or amendment shall (a) extend the fixed maturity of this Bond, or reduce the principal thereof or the rate of interest thereon, or extend the time of payment, without the consent of the Registered Owner of the Bond, or (b) permit the creation of any lien on the Base Rental Payments and other assets pledged under the Indenture prior to or on a parity with the lien created by the Indenture or deprive the Registered Owner of the Bond of the lien created by the Indenture on such Base Rental Payments and such other assets (except as expressly provided in the Indenture), without the consent of the Registered Owner of the Bond. The Indenture contains provisions permitting the Authority to make provision for the payment of interest on, and the principal and premium, if any, of the Bond so that the Bond shall no longer be deemed to be outstanding under the terms of the Indenture. All obligations of the Authority under the Indenture and under this Bond shall be special obligations of the Authority, payable solely from Base Rental Payments and the other assets pledged therefor under the Indenture. Neither the faith and credit nor the taxing power of the Authority, the 1362
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City or the State of California, or any political subdivision thereof, is pledged to the payment of the Bond. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Joint Exercise of Powers Agreement, and the laws of the State of California and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit under any laws of the State of California, and is not in excess of the amount permitted to be issued under the Indenture. IN WITNESS WHEREOF, the Authority has caused this Bond to be signed in its name and on its behalf by the facsimile signatures of its Executive Director and Secretary, all as of the Dated Date identified above. CITY OF CHINO PUBLIC FINANCING AUTHORITY By: KAREN COMSTOCK CHAIR ATTEST: NATALIE GONZAGA SECRETARY 1363
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[FORM OF TRUSTEE’S CERTIFICATE OF AUTHENTICATION] This is one of the Bond described in the within-mentioned Indenture and registered on the Registration Books. Date: __________________, 2026 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Authorized Signatory 1364
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[FORM OF ASSIGNMENT] For value, received the undersigned hereby sells, assigns and transfers unto ____________________________________________ whose address and social security or other tax identifying number is ______________________, the within-mentioned Bond and hereby irrevocably constitute(s) and appoint(s) ____________________________________ attorney, to transfer the same on the registration books of the Trustee with full power of substitution in the premises. Dated: ____________________ Signature Guaranteed:
Note: Signature(s) must be guaranteed by an eligible guarantor in a Recognized Signature Guaranty Medallion Program.
Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. 1365
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EXHIBIT B FORM OF PROJECT FUND REQUISITION REQUISITION NO. _____ FOR DISBURSEMENT FROM THE PROJECT FUND The undersigned hereby states and certifies: (i) that he/she is the duly appointed, qualified and acting ___________________ of the City of Chino, a general law city and municipal corporation duly organized and existing under the laws of the State of California (the “City”), and as such, is familiar with the facts herein certified and is authorized to certify the same; (ii) that, pursuant to Section 3.04 of the Indenture, dated as of July 1, 2026 (the “Indenture”), by and among the City of Chino Public Financing Authority (the “Authority”), the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), related to the Authority’s 2026 Lease Revenue Bond, the undersigned hereby requests the Trustee to disburse this date the following amounts from the Project Fund established under the Indenture, to the payees designated on the attached Schedule I; (iii) that each obligation mentioned herein has been incurred by the City and constitute Project Costs; and (iv) that there has not been filed with or served upon the City notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to any of the payees named on the attached Schedule I that has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by mere operation of law. All capitalized terms used herein and not defined herein shall have the meanings ascribed thereto in the Indenture. Dated: ________________, 20__ CITY OF CHINO By: Its:
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SCHEDULE I PROJECT FUND DISBURSEMENTS
Item Number Payee Name and Address Purpose of Obligation Amount 1367
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EXHIBIT C FORM OF PURCHASER LETTER _________, 20__ City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Director Finance Raymond James & Associates, Inc. 301 N. Lake Avenue, Suite 1150 Pasadena, California 91101 City of Chino Public Financing Authority c/o City of Chino 13220 Central Avenue Chino, California 91710 Attention: Ms. Kim Sao, Treasurer Anzel Galvan LLP 595 Pacific Avenue, 4th Floor San Francisco, CA California 94133 The Bank of New York Mellon Trust Company, N.A. [To come] Attention:
Ladies and Gentlemen: We hereby acknowledge receipt of $3,225,000 principal amount of City of Chino Public Financing Authority 2026 Lease Revenue Bond (the “Bond”). The Bond was issued by the City of Chino Public Financing Authority (the “Authority”) pursuant to the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the “Bond Law”), and pursuant to an Indenture, dated as of July 1, 2026 (the “Indenture”), by and among the Authority, the City of Chino, California (the “City”) and The Bank of New York Mellon Trust Company, N.A., as Trustee. The Bonds are principally secured by lease payments to be made by the City pursuant to a Lease Agreement, dated as of July 1, 2026 (the “Lease”), by and between the Authority and the City. Capitalized terms not defined herein shall be given the meaning ascribed thereto in the Indenture. The undersigned (the “Purchaser”) intends to purchase the Bond and acknowledges that delivery and execution of this letter is a condition precedent to the sale of the Bond to the Purchaser. If the undersigned is an agent, pursuant to an investment management agreement between the undersigned and each principal who is a Purchaser, the undersigned is authorized to make investment decisions and make the representations herein on behalf of such Purchaser. The undersigned does hereby represent and agree as follows:
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1. The Purchaser has authority to purchase the Bond and to execute this letter and any other instruments and documents required to be executed by the Purchaser in connection with the purchase of the Bonds. 2. The Purchaser is [a Qualified Institutional Buyer, as described in Rule 144A of the Securities Act of 1933][an Accredited Investor, as described in Regulation D of the Securities Act of 1933], which has sufficient knowledge and experience in financial and business matters, including purchase and ownership of lease revenue bonds of the same type as the Bond, to be able to evaluate the risks and merits of the Bond without reliance upon others, and which can bear the economic risk of the Bond. The Bond is a financially suitable investment for the Purchaser consistent with its investment policies, needs and objectives. The Purchaser understands that it may be required to bear the risks of the Bond for an indefinite time, as there may be no market for the Bond. 3. The Bond is being acquired by the Purchaser for its own account for investment purposes and not with a view to or for resale thereof in any manner that would result in the Purchaser being an agent of the Authority or an underwriter within the meaning of the Securities Act of 1933, and the Purchaser intends to hold the Bond for its own account for a period of time, possibly to maturity, and does not intend at this time to dispose of all or any part of the Bond. 4. The Purchaser understands that the Bond is not registered under the Securities Act of 1933 and that such registration is not legally required as of the date hereof; and further understands that the Bond (a) is not being registered or otherwise qualified for sale under the “Blue Sky” laws and regulations of any state, (b) will not be listed in any stock or other securities exchange, (c) is not being rated by any national securities rating agency, and (d) will be delivered in a form which may not be readily marketable. 5. The Purchaser acknowledges that it has made its own inquiry and analysis with respect to the Bond and security therefor, that it has received the documents executed or adopted by the Authority and the City in connection with the Bond and other documents it has requested, and that it has either been supplied with or been given access to information, including financial statements and other financial information, to which a reasonable investor would consider important in making a purchasing decision, and the Purchaser has had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the Authority, the City and the Bond and the security therefor so that, as a reasonable purchaser, the Purchaser has been able to make its decision to purchase the Bond. 6. Although the Purchaser does not intend at this time to dispose of all or any part of the Bond, the Purchaser acknowledges that it has the right to sell and transfer the Bond, in accordance with terms and conditions of the Indenture. The Purchaser acknowledges that it is solely responsible for compliance, and covenants and agrees with the Authority that it will comply, with the Indenture and all applicable federal or state securities laws then in effect with respect to any subsequent sale, transfer or other disposition of the Bond, including disclosure of material information (without involving the Authority or the City in any manner). The Purchaser agrees to indemnify the Authority and the City for any liabilities or costs incurred by the Authority or the City (including attorney fees) in connection with any sale, transfer or other disposition of the Bond in violation of such restrictions or laws. 1369
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7. The Purchaser acknowledges that the Bond is a special obligation of the Authority, payable solely from Rental Payments and the other assets pledged therefor under the Indenture. Neither the faith and credit nor the taxing power of the Authority, the City or the State of California, or any political subdivision thereof, is pledged to the payment of the Bond. Very truly yours, [PURCHASER SIGNATURE BLOCK] 1370
Agenda Version RECORDING REQUESTED BY: City of Chino, California AND WHEN RECORDED RETURN TO: Anzel Galvan LLP 595 Pacific Avenue, 4th Floor San Francisco, California 94133 Attention: Juan M. Galvan
[Space above for Recorder’s use.] THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11921 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. THE ASSIGNOR IS A GOVERNMENTAL AGENCY. ASSIGNMENT AGREEMENT by and between CITY OF CHINO PUBLIC FINANCING AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Dated as of July 1, 2026 Relating to $3,225,000 CITY OF CHINO PUBLIC FINANCING AUTHORITY 2026 LEASE REVENUE BOND 1371
ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (this “Assignment Agreement”), executed and entered into as of July 1, 2026, is by and between the CITY OF CHINO PUBLIC FINANCING AUTHORITY, a joint exercise of powers entity organized and existing under and by virtue of the laws of the State of California (the “Authority”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States, as Trustee (the “Trustee”). WITNESSETH: WHEREAS, the City of Chino (the “City”) and the Authority desire to finance all or a portion of the cost to acquire certain real property located at 13272 6th Street, Chino, California and related project costs (the “Project”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) for the purpose of financing the Project; WHEREAS, to facilitate the issuance of the Bond, the City will lease certain real property described in Exhibit A attached hereto and the improvements located thereon (the “Property”) to the Authority pursuant to a Ground Lease, dated as of the date hereof and recorded concurrently herewith (the “Ground Lease”), and the City will sublease the Property back from the Authority pursuant to a Lease Agreement, dated as of the date hereof, a memorandum of which will be recorded concurrently herewith (the “Lease Agreement”); WHEREAS, under the Lease Agreement, the City is obligated to make Base Rental Payments (as defined in the Lease Agreement) to the Authority; WHEREAS, the Authority desires to assign without recourse certain of its rights in the Ground Lease and the Lease Agreement, including its right to receive the Base Rental Payments, to the Trustee for the benefit of the owners of the Bond to be issued pursuant to the Indenture, dated as of the date hereof (the “Indenture”), by and among the Authority, the City and the Trustee; WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into of this Assignment Agreement do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Assignment Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual agreements and covenants contained herein and for other valuable consideration, the parties hereto do hereby agree as follows: Section 1. Assignment. The Authority, for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby sell, assign and transfer to the Trustee, irrevocably and absolutely, without recourse, for the benefit of the owner of the Bond, all of its right, title and interest in and to the Ground Lease and the Lease Agreement including, without limitation, its right to 1372
2 receive the Base Rental Payments to be paid by the City under and pursuant to the Lease Agreement; provided, however, that the Authority shall retain its obligations under the Lease Agreement and Ground Lease, the rights to indemnification, to give approvals and consents under the Lease Agreement and the Ground Lease (including any rights therein to approve any sale, assignment, sublease, or termination) and to payment or reimbursement of its reasonable costs and expenses under the Lease Agreement. Section 2. Acceptance. The Trustee hereby accepts the foregoing assignment, subject to the terms and provisions of the Indenture, and all such Base Rental Payments shall be applied and the rights so assigned shall be exercised by the Trustee as provided in the Lease Agreement and the Indenture. Section 3. Conditions. This Assignment Agreement shall impose no obligations upon the Trustee beyond those expressly provided in the Indenture. Section 4. Further Assurances. The Authority shall make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Assignment Agreement, and for the better assuring and confirming to the Trustee, for the benefit of the owner of the Bond, the rights intended to be conveyed pursuant hereto. Section 5. Governing Law. THIS ASSIGNMENT AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS HEREOF AND BY THE LAWS OF THE STATE OF CALIFORNIA AS THE SAME FROM TIME TO TIME EXIST. Section 6. Execution. This Assignment Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Assignment Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 1373
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IN WITNESS WHEREOF, the Authority and the Trustee have caused this Assignment Agreement to be executed by their respective officers thereunto duly authorized, all as of the day and year first above-written. CITY OF CHINO PUBLIC FINANCING AUTHORITY By: DR. LINDA REICH EXCUTIVE DIRECTOR ATTEST: NATALIE GONZAGA SECRETARY OF THE BOARD [SIGNATURES CONTINUED ON NEXT PAGE.] 1374
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[SIGNATURE PAGE CONTINUED.] THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Name: Title:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to herein is situated in the State of California, County of San Bernardino, City of Chino and described as follows:
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Agenda Version
___________________________________________________________ SUPPLEMENTAL AGREEMENT dated as of July 14, 2026, between the CITY OF CHINO and BMO BANK N.A. _________________________________________________________________ 1381
Table of Contents Page
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ARTICLE I DEFINITIONS ................................................................................................................... 2 Section 1.01 Certain Defined Terms ............................................................................................. 2 Section 1.02 Construction ............................................................................................................. 5 Section 1.03 Incorporation of Certain Definitions by Reference .................................................. 6 Section 1.04 Accounting Terms and Determinations .................................................................... 6 ARTICLE II THE CLOSING ................................................................................................................ 6 Section 2.01 Closing ...................................................................................................................... 6 Section 2.02 Calculation of Interest .............................................................................................. 6 ARTICLE III CONDITIONS PRECEDENT ........................................................................................ 6 Section 3.01 Closing Conditions ................................................................................................... 6 ARTICLE IV REPRESENTATIONS AND WARRANTIES ............................................................. 10 Section 4.01 Existence and Power .............................................................................................. 10 Section 4.02 Due Authorization .................................................................................................. 10 Section 4.03 Valid and Binding Obligations ............................................................................... 11 Section 4.04 Noncontravention; Compliance with Law ............................................................. 11 Section 4.05 Pending Litigation and Other Proceedings ............................................................. 11 Section 4.06 Financial Statements ............................................................................................... 11 Section 4.07 Defaults .................................................................................................................. 11 Section 4.08 Insurance ................................................................................................................ 12 Section 4.09 Accuracy of Information ........................................................................................ 12 Section 4.10 Environmental Matters ........................................................................................... 12 Section 4.11 [Reserved]. ............................................................................................................. 13 Section 4.12 OFAC. .................................................................................................................... 13 Section 4.13 Sovereign Immunity ............................................................................................... 13 Section 4.14 Usury ...................................................................................................................... 13 Section 4.15 Fair Rental Value; Use and Occupancy ................................................................. 13 Section 4.16 Title to Property ...................................................................................................... 13 ARTICLE V COVENANTS OF THE CITY ...................................................................................... 14 Section 5.01 Reporting Requirements ......................................................................................... 14 Section 5.02 Notices .................................................................................................................... 14 Section 5.03 Access to Property and Books, Records and Accounts; Communication with Accountant .............................................................................................................. 14 Section 5.04 Further Assurances ................................................................................................. 15 Section 5.05 Environmental Compliance .................................................................................... 15 Section 5.06 No Condemnation ................................................................................................... 16 1382
Table of Contents (continued) Page
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Section 5.07 Maintenance of Existence ...................................................................................... 16 Section 5.08 Substitute Property ................................................................................................. 16 Section 5.09 Disposition of the Property; Uses ........................................................................... 17 Section 5.10 Increase of Base Rental Payments .......................................................................... 17 Section 5.11 Liens ....................................................................................................................... 18 ARTICLE VI EVENTS OF DEFAULT .............................................................................................. 18 Section 6.01 Events of Default .................................................................................................... 18 Section 6.02 Consequences of an Event of Default .................................................................... 19 Section 6.03 Remedies Cumulative; Solely for the Benefit of Bank .......................................... 20 Section 6.04 Waivers or Omissions ............................................................................................ 20 Section 6.05 Discontinuance of Proceedings .............................................................................. 20 Section 6.06 Injunctive Relief ..................................................................................................... 20 ARTICLE VII INDEMNIFICATION; COSTS, EXPENSES AND TAXES ..................................... 20 Section 7.01 Indemnification ...................................................................................................... 20 Section 7.02 Costs, Expenses and Taxes ..................................................................................... 21 Section 7.03 [Reserved] .............................................................................................................. 21 Section 7.04 Late Payment .......................................................................................................... 21 Section 7.05 Survival .................................................................................................................. 21 ARTICLE VIII MISCELLANEOUS ................................................................................................... 21 Section 8.01 Amendments ........................................................................................................... 21 Section 8.02 Severability. The provisions of this Supplemental Agreement are intended to be severable ................................................................................................................. 22 Section 8.03 Governing Law; Consent to Jurisdiction; Waiver Of Jury Trial ............................ 22 Section 8.04 No Advisory or Fiduciary Responsibility .............................................................. 22 Section 8.05 Counterparts ........................................................................................................... 23 Section 8.06 Successors and Assigns .......................................................................................... 23 Section 8.07 Tax Identification Number ..................................................................................... 23 1383
1 SUPPLEMENTAL AGREEMENT This SUPPLEMENTAL AGREEMENT, dated as of July 14, 2026 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Supplemental Agreement”), between the CITY OF CHINO, a municipal corporation and general law city duly organized and existing under the Constitution and the laws of the State of California (the “City”) and BMO BANK N.A. (the “Bank”). RECITALS WHEREAS, the City desires to finance the costs associated with the acquisition of the certain real property located at 13272 6th Street, Chino, California, and related project costs, for future City use (as more particularly defined in the hereinafter defined Lease Agreement, the “Project”); WHEREAS, the City and the City of Chino Public Financing Authority (the “Authority”) have determined that it would be in the best interests of the City and residents of the City to authorize the preparation, sale and delivery of the “City of Chino Public Financing Authority 2026 Lease Revenue Bond” (the “Bond”) for the purpose of financing the Project; WHEREAS, to facilitate the issuance of the Bond, the City will lease certain real property and the improvements thereto comprising the Senior Center (collectively, as more particularly defined in the Lease Agreement, the “Property”) to the Authority pursuant to a Ground Lease, dated as of July 1, 2026 (as more particularly defined in the Lease Agreement, the “Ground Lease”), and the City will sublease the Property back from the Authority pursuant to a Lease Agreement, dated as of July 1, 2026 (as more particularly defined herein, the “Lease Agreement”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance all or a portion of the Project through the issuance by the Authority of the Bond payable from the base rental payments (the “Base Rental Payments”) to be made by the City under the Lease Agreement; WHEREAS, all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) pursuant to an Assignment Agreement, dated as of July 1, 2026 (as more particularly defined in the Lease Agreement, the “Assignment Agreement”); WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to cause the Authority to sell the Bond to the Bank; and WHEREAS, the Bank has agreed to purchase the Bond, and as a condition to such purchase, the Bank has required the City to enter into this Supplemental Agreement. NOW, THEREFORE, to induce the Bank to purchase the Bond, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the City and the Bank hereby agree as follows:
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2 ARTICLE I DEFINITIONS Section 1.01 Certain Defined Terms. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Lease Agreement. In addition to the terms defined in the recitals and elsewhere in this Supplemental Agreement and the Lease Agreement, the following terms shall have the following meanings: “Asbestos Containing Materials” means material in friable form containing more than 1% of the asbestiform varieties of (a) chrysotile (serpentine), (b) crocidolite (ricbeckite), (c) amosite (cummington-itegrinerite), (d) anthophyllite, (e) tremolite, and (f) actinolite. “Bank” means BMO Bank N.A., and its successors and assigns. “Base Rate” means a fluctuating rate per annum equal to the highest of (i) the Prime Rate, (ii) the Federal Funds Rate plus 2.00% per annum, (iii) Daily Simple SOFR Rate plus 3.00% per annum, or (iv) 7.00% per annum; provided, however, that in no event shall the Base Rate exceed the Maximum Rate. Interest at the Base Rate shall be computed on the basis of a 360-day year and the actual number of days elapsed. “Bond” means the City of Chino Public Financing Authority 2026 Lease Revenue Bond issued pursuant to the Indenture. “City Long-Term Borrowing General Fund Obligation” means any long-term obligations to third parties in respect of borrowed moneys payable from the general fund of the City, including without limitation lease payments in connection with certificates of participation and lease revenue bonds, but excluding equipment leases. As of the Closing Date, no City Long-Term Borrowing General Fund Obligations are outstanding. “City Long-Term Borrowing General Fund Obligation Issuing Document” means any Contract or resolution authorizing or evidencing the issuance or incurrence of any City Long-Term Borrowing General Fund Obligation. “City Long-Term Borrowing General Fund Obligation Ratings” means the long-term unenhanced ratings assigned by one or more Rating Agencies to any City Long-Term Borrowing General Fund Obligation. “Closing Date” means July 14, 2026. “Contract” means any indenture, contract, agreement (other than this Supplemental Agreement), other contractual restriction, lease, mortgage, instrument, guaranty, certificate of incorporation, charter or by-law. “Daily Simple SOFR Rate” means a daily rate based on SOFR and determined by the Bank in accordance with the conventions for such rate selected by the Bank. “Default” means any event or condition that, with notice, the passage of time or both, would constitute an Event of Default. 1385
3 “Default Rate” means the Base Rate plus 4.000% per annum. “Environmental Regulations” means all Laws and Regulations, now or hereafter in effect, with respect to Hazardous Materials, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.) (together with the regulations promulgated thereunder, “CERCLA”), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Section 6901, et seq.) (together with the regulations promulgated thereunder, “RCRA”), the Emergency Planning and Community Right-to-Know Act, as amended (42 U.S.C. Section 11001, et seq.) (together with the regulations promulgated thereunder, “Title III”), the Clean Water Act, as amended (33 U.S.C. Section 1321, et seq.) (together with the regulations promulgated thereunder, “CWA”), the Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.) (together with the regulations promulgated thereunder, “CAA”) and the Toxic Substances Control Act, as amended (15 U.S.C. Section 2601 et seq.) (together with the regulations promulgated thereunder, “TSCA”), and any similar state or local Laws and Regulations and any so-called local, state or federal “superfund” or “superlien” law. “Event of Default” with respect to this Supplemental Agreement, has the meaning assigned to that term in the Indenture. “Event of Insolvency” means, with respect to any Person, the occurrence of one or more of the following events: (a) the issuance, under the laws of any state or under the laws of the United States of America, of an order of rehabilitation, liquidation or dissolution of such Person; (b) the commencement by or against such Person of a case or other proceeding seeking liquidation, reorganization or other relief with respect to such Person or its debts under any bankruptcy, insolvency or other similar state or federal law now or hereafter in effect, including, without limitation, the appointment of a trustee, receiver, liquidator, custodian or other similar official for such Person or any substantial part of its property or there shall be appointed or designated with respect to it, an entity such as an organization, board, commission, authority, agency or body to monitor, review, oversee, recommend or declare a financial emergency or similar state of financial distress with respect to it or there shall be declared or introduced or proposed for consideration by it or by any legislative or regulatory body with competent jurisdiction over it, the existence of a state of financial emergency or similar state of financial distress in respect of it; (c) the making of an assignment for the benefit of creditors by such Person; (d) the failure of such Person to generally pay its debts as they become due; (e) a debt moratorium, debt adjustment, debt restructuring or comparable restriction with respect to the payment of any indebtedness of such Person is declared or imposed by such Person or by any governmental authority having jurisdiction over such Person; (f) such Person shall admit in writing its inability to pay its debts when due; or (g) the initiation of any actions to authorize any of the foregoing by or on behalf of such Person. 1386