Agenda packet — Colton City Council, June 4, 2024 (part 2 of 2)

J anuary 2020
EXHIBIT 9-E SAMPLE EVALUATION OF GOOD FAITH EFFORTS
M
e m o r a n d u m
To
: PROJECT FILE Date: Month XX, XXXX
Federal-Aid Project Number:

Bid Opening Date: Month XX, XXXX
Bidder: [Contractor/Consultant Name]
Type of Work: [General Description of Work]
Bid Amount: [$ Award Amount]
Fr
om: [Name of Agency]
S
ubject: Evaluation of Good Faith Efforts
The [Name of Agency] established a Disadvantaged Business Enterprise (DBE) goal of XX percent for this contract. The bidder commits [count only qualifying DBE participation] XX percent DBE participation.

The [Name of Agency]’s evaluation of the apparent low bidder’s Good Faith Efforts is based on Section 9.9 of the Local Assistance Procedures Manual and Appendix A in Part 26 of Title 49 of the Code of Federal Regulations. The efforts of the bidder were reviewed by the [Name of Agency or department] from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by [Name of Low Bidder].

The [Name of Agency] determined that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

EVALUATION
A. Items of work the bidder made available to DBE firms [Describe the work and approximate dollar amount, as a percentage of total work, made available to DBEs by the Low Bidder. If the bidder did not make enough work available to meet the goal, the bidder definitely did not make adequate efforts to meet the goal. The amount of work made available relative to the goal is generally positively correlated with the adequacy of the bidder’s Good Faith Efforts.]
[Did the Low Bidder separate the work into economically feasible units to facilitate DBE participation?]
B. Solicitation effort documentation
[Document the number of DBEs originally contacted by the Low Bidder and the dates and number of follow-up solicitations and determine if sufficient time was allowed for the DBEs to respond.]
[Document if the Low Bidder solicited through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices, etc.) to all certified DBEs who have the capability to perform the work of the contract?] [Did the Low Bidder provide proof of the aforementioned items?]

9.a
Packet Pg. 339
Attachment: Exhibit A - Resolution FY 24-25 DBE (4533 : DBE Participation Level - Federal Fiscal Year 2024/2025) Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts

Page 2 ends

J anuary 2020
[How many of the DBEs solicited are capable of performing the work identified in A? Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search C. R
ejected DBE documentation
[How many DBE quotes were accepted or rejected by the Low Bidder? Why were the quotes rejected?]
[Was/were quote(s) rejected when it was only marginally higher and could have substantially increased the DBE commitment or even allow it to meet the DBE goal?] D. Publication effort made to advertise the projects to include DBE participation [What publications were used and when to request DBE participation for this the project? Did the Low Bidder provide copies of publications?]
E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
[Did the Low Bidder contact other organizations for outreach to encourage DBE participation on the contract?]
F. Efforts to provide information about the plans, specifications, and contract requirements
[Did the Low Bidder provide contract information to interested DBEs and were these listed in their Good Faith Efforts?]
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
[Did the Low Bidder provide references to the DBEs and were these listed in the GFE?] H. Additional data to support a demonstration of Good Faith Effort [Was any more information provided by the Low Bidder to demonstrate a Good Faith Effort?] [Did the 2
nd or 3rd low bidder meet the goal or get substantially more DBE commitment than the apparent low bidder? When an apparent low bidder fails to meet the goal and other bidders meet the goal, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent low bidder could have met the goal.] FINDING OF THE [NAME OF AGENCY]
The [Name of Agency] finds that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.

S
ubmitted by: Approved by:

J ohn Doe Jane Doe*
[Job Title] [Job Title]
*
Must be approved by someone other than the reviewer.

9.a
Packet Pg. 340
Attachment: Exhibit A - Resolution FY 24-25 DBE (4533 : DBE Participation Level - Federal Fiscal Year 2024/2025) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form

Page 1 of 2 ends

January 2021
Exhibit 9-C: Local Agency Americans with Disabilities Act (ADA) Annual Certification Form
Loc
al Agency ADA Annual Certification Form
49 CFR 27: Nondiscrimination on the Basis of Disability in Programs or Activities
Receiving Federal Financial Assistance
Local Agency: _City of Colton_____________________________ State Fiscal Year (July 1-June 30): _FY 2024/2025_________________ I. Name of ADA / 504 Liaison Officer: __Brian Dickinson_____________________________ Telephone Number: (909) 370-6196
E-mail Address: [email protected]___________________________________ NOTE: Section 504 applies to federally funded programs and ADA applies to state and local government funded programs (Title II). An ADA Officer is only required if the agency has 50 or more employees.* II. AD
A Grievance / Complaint Procedure Adopted?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of adoption:

NOTE: An ADA Officer is only required if the agency has 50 or more employees.* III. S
elf-evaluation completed?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of completion:

NOTE: All public entities receiving federal funds are required to complete a self-evaluation. Agencies are required to review and make modifications as needed to the self-evaluation to ensure there is non-discrimination on the basis of disability. Local agencies shall implement a system for periodically reviewing and updating self-evaluations and, if applicable, transition plans. As a best practice, it is recommended to review the self-evaluation every three years prior to submitting or adopting the four-year Transportation Improvement Program. * T
he Section 8.1000 in Title II, Technical Assistance Manual states, “How does a public entity determine whether it has 50 or more employees? Determining the number of employees will be based on a governmentwide total of employees, rather than by counting the number of employees of a subunit, department, or division of the local government. Part-time employees are included in the determination.” I
I

9.a
Packet Pg. 341
Attachment: Exhibit A - Resolution FY 24-25 DBE (4533 : DBE Participation Level - Federal Fiscal Year 2024/2025) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form

Page 2 of 2 ends

January 2021
IV. Transition Plan completed?
Yes: X No: _______
If yes, date of completion/last updated: July 21, 2021/ If no, planned date of completion:

NOTE: In the event that structural changes to facilities will be undertaken to achieve program ac cessibility, a public entity with 50 or more employees are required to develop a transition plan.* The transition plan is the action plan developed from the r esults of the self-evaluation. As a best practice, it is recommended to update the transition plan every three to five years after completion of the rec ommended self- evaluation and to update the schedule of ADA compliant changes that will be acc omplished.

V. Have your agency’s policies, procedures, and criteria for implementing ADA compliance improvements in maintenance and capital improvement programs been reviewed? Yes: X No:

Were deficiencies found?
Yes: X No:

If deficiencies were found, have the agency’s ADA plans been revised to correct those deficiencies?Yes:

X No:

VI. Does the agency have procedures to obtain approval from the Division of State Architect (DSA) for design packages consistent with State law?
Yes: X No:

DSA website: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Accessibility- Plan-Review
Reminder: State of California Government Code Sections 4450 - 4454 requires DSA to review and approve the plans and specifications to all buildings, structures, sidewalks, curbs and related facilities constructed in the state, using state, county or municipal funds, or the funds of any political subdivision of the state. These facilities shall be accessible to and usable by persons with disabilities. Please reference Section 9.3 of the Local Assistance Procedures Manual for submittal of design packages to DSA.

The DSA has limited their review to “Safe Routes to School” projects. For ATP Projects, the California Transportation Commission considers Safe Routes to School projects as those “that directly increase safety and convenience for public school students to walk and/or bike to school. Safe Routes to Schools infrastructure projects must be located within two miles of a public school or within the vicinity of a public- school bus stop and the students must be the intended beneficiaries of the project.” VII. Are agency’s Standard Plans reviewed and updated on an ongoing basis for full ADA and California Accessibility compliance?
Yes: X No:

D ate:

S ignature
(ADA Liaison Officer)
Distribution: (1) Original - DLAE
I
I

9.a
Packet Pg. 342
Attachment: Exhibit A - Resolution FY 24-25 DBE (4533 : DBE Participation Level - Federal Fiscal Year 2024/2025)

ITEM NO. 10

STAFF REPORT

DATE: JUNE 4, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE PURCHASE OF VEHICLE FROM FAIRVIEW FORD.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the purchase of one F-350 vehicle with Pacific Service Bed from Fairview Ford via the San Bernardino County bid award, in accordance with City of Colton Municipal Code Section

3.08.140(C).

BACKGROUND

The City of Colton, Electric Utility Department is seeking to replace Unit 917, a 2017 Ford F250 pickup truck with 126,013 miles that has been involved in a vehicle accident and is deemed a total loss.

ISSUES/ANALYSIS

Section 3.08.140(C) of the City’s Municipal Code allows the City to join or use the contract(s) of local governments within or outside the State of California with the authorization of the contracting vendor. Staff is proposing to utilize the County of San Bernardino bid award to Fairview Ford for various 2023 model year vehicles. Staff proposes to replace unit 917 with a n F-350 truck. The heavier chassis vehicle is needed to carry personnel and equipment necessary to respond to calls for service/trouble calls on a 24 -hour basis. I n accordance with the bid schedule, the F-350 is $66,997.00, plus applicable fees and taxes, for a total of $72,867.99.

FISCAL IMPACTS

10 Packet Pg. 343
Staff Report to the Mayor and City Council
Purchase - Fairview Ford
June 4, 2024

Page 2 ends

Sufficient appropriations are available in the adopted Fiscal Year 2023-24 budget in Electric Utility Fund Auto Equipment Account Number 520-8000-8004-4910-0101-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Vehicle Pricing - Model Year 2023
10 Packet Pg. 344

DESCRIPTION VENDOR PRICE TAX
TIRE

FEE TOTAL NOTES/OPTIONS
1 Subaru Impreza US Fleet Source $22,432.00 $1,962.80 $8.75 $24,403.55 2 Hyundai Elantra US Fleet Source $22,224.00 $1,944.60 $8.75 $24,177.35 3 Subaru Legacy US Fleet Source $25,395.00 $2,222.06 $8.75 $27,625.81 4 Hyundai Sonata SEL US Fleet Source $28,297.00 $2,475.99 $8.75 $30,781.74 5 Ford Escape SE Sport Hybrid 4x4 Fairview Ford $32,696.00 $2,860.90 $8.75 $35,565.65 6 Ford Explorer 4x4 Fairview Ford $36,996.00 $3,237.15 $8.75 $40,241.90 7 Chevrolet Traverse Penske $41,447.27 $3,626.64 $8.75 $45,082.66 8 Ford Expedition SSV MAX 4x4 Fairview Ford $53,996.00 $4,724.65 $8.75 $58,729.40 9 Ford Police Utility 4x4 (Interior Upgrade) Fairview Ford $47,298.00 $4,138.58 $8.75 $51,445.33 10 Ford Police Utility 4x4 (Vinyl Flooring) Fairview Ford $47,398.00 $4,147.33 $8.75 $51,554.08 11 Ford Transit Connect (fold-down seating) Fairview Ford $32,597.00 $2,852.24 $8.75 $35,457.99 Deadline to order: 9/9/2022 12 Ford Transit 12-Passenger Fairview Ford $51,996.00 $4,549.65 $8.75 $56,554.40 Deadline to order: 9/9/2022 13 Ford Transit 15-Passenger Fairview Ford $53,396.00 $4,672.15 $8.75 $58,076.90 Deadline to order: 9/9/2022 14 Ford Transit 150 Cargo Van Fairview Ford $49,594.00 $4,339.48 $8.75 $53,942.23 Deadline to order: 9/9/2022 15 Ford Transit 350 Cargo XL Van Fairview Ford $51,494.00 $4,505.73 $8.75 $56,008.48 Deadline to order: 9/9/2022 16 Ford Ranger Super Crew 4x4 5' Bed Fairview Ford $38,798.00 $3,394.83 $8.75 $42,201.58 17 Ford Ranger Supercab 4x4 6' Bed Fairview Ford $36,998.00 $3,237.33 $8.75 $40,244.08 18 Ford F150 Supercab 4x4 6.5' Bed Fairview Ford $42,296.00 $3,700.90 $8.75 $46,005.65 Deadline to order: 8/12/2022 19 Ford F150 Supercab 4x4 8' Bed Fairview Ford $44,796.00 $3,919.65 $8.75 $48,724.40 Deadline to order: 8/12/2022 20 Ford F150 Super Crew 4x4 5.5' Bed Fairview Ford $46,896.00 $4,103.40 $9.75 $51,009.15 Deadline to order: 8/12/2022

FLEET MANAGEMENT - MOTOR POOL
Model Year 2023 Vehicle Pricing
Reference BID #4608
****One Vehicle per Purchase Order****
****PLEASE BE AWARE -Delivery Times Have Been Extended To 360 Days From Order Date**** Contact Tina Insana (909-387-7854) or Ron Lindsey (909-387-7870) if you need more information

10.a
Packet Pg. 345
Attachment: Vehicle Pricing - Model Year 2023 (4536 : Purchase - Fairview Ford) 21 Ford F150 Super Crew 4x4 6.5' Bed Hybrid Fairview Ford $47,796.00 $4,182.15 $8.75 $51,986.90 Deadline to order: 8/12/2022 22 Ford F250 Supercab 4x4 6.75 Bed Fairview Ford $52,496.00 $4,593.40 $8.75 $57,098.15 23 Ford F250 Supercab 4x4 8' Bed Fairview Ford $52,696.00 $4,610.90 $8.75 $57,315.65 24 Ford F350 Supercab 4x4 6.75' Bed Fairview Ford $54,198.00 $4,742.33 $8.75 $58,949.08 25 Ford F350 Supercab 4x4 8' Bed Fairview Ford $54,398.00 $4,759.83 $8.75 $59,166.58 26 Ford F350 Super Crew 4x4 6.75' Bed Fairview Ford $55,794.00 $4,881.98 $8.75 $60,684.73 27 Ford F350 Supercab XLT with Pacific Service
Bed Fairview Ford $66,997.00 $5,862.24 $8.75 $72,867.99 28 Ford F350 Super Crew XLT with Pacific
Service Bed Fairview Ford $68,596.00 $6,002.15 $8.75 $74,606.90

10.a
Packet Pg. 346
Attachment: Vehicle Pricing - Model Year 2023 (4536 : Purchase - Fairview Ford)

ITEM NO. 11

STAFF REPORT

HYBRID MACHINE FROM JDC INDUSTRIAL EQUIPMENT
SPECIALISTS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the purchase of one Skylift Mini Derrick Super 6000 Hybrid machine in the amount of $380,040.27 from JDC Industrial Equipment Specialists via The Interlocal Purchasing System (TIPS) in accordance with City of Colton Municipal Code Section 3.08.140(C).

BACKGROUND

The City of Colton, Electric Utility Department is seeking to purchase one Skylift Mini Derrick Super 6000 Hybrid machine. Currently, utility staff utilize inefficient work methods when working on rear -easement (backyard) pole replacement projects, which in general are manually intensive and laborious in addition to time consuming and possibly destructive to the customer’s landscaping. The purchase of this equipment will facilitate and expedite pole replacement work, allowing staff to utilize modern work methods while increasing efficiency and timeliness of pole replacements.

ISSUES/ANALYSIS

Section 3.08.140(C) of the City’s purchasing ordinance permits the City to join or use the contract(s) of local governments within or outside the State of California with the authorization of the contracting vendor. As a local government unit, TIPS created a cooperative purchasing contract designed to make the governmental procurement procedure more efficient by creating competitively bid/priced contracts for goods and services; and, providing the customer service 11 Packet Pg. 347
Staff Report to the Mayor and City Council
Purchase - JDC Industrial Equipment Specialists
June 4, 2024

Page 2 ends

necessary to help its members achieve their procurement goals. TIPS performs all competitive bidding and procurement procedures in accordance with state statutes.

Only government agencies, public and private schools/colleges, tribal governments, and non - profit organizations can register as a participating agency. As such, the City of Colton is currently an active member of the TIPS Program.

The City of Colton is seeking to purchase one Skylift Mini Derrick 6000 E Series hybrid backyard machine via the TIPS Program in the amount $349,462.32 plus freight, fees, and taxes, for a total of $ 380,040.27. Through the Program, the City will receive a discounted rate of approximately 28% below retail price.

FISCAL IMPACTS

Sufficient appropriations are available in the adopted FY2023 -2024 budget in Electric Utility Fund Transmission & Distribution Division Capital Outlay Account Number 520 -8000-8004- 4930-0101-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Skylift Proposal - City of Colton 5.15.2024
11 Packet Pg. 348
Date: 5/15/2024
Branch:2600

PROPOSAL ID: 20089
Mini Derrick Super 6000 Hybrid
TIPS Contract# 221001
TEAMJDC.COM
909/370-6196
Colton, CA 92324
650 N. La Cadena Avenue
City of Colton

11.a
Packet Pg. 349
Attachment: Skylift Proposal - City of Colton 5.15.2024 (4535 : Purchase - JDC Industrial Equipment Specialists) Features
Mini Derrick Super 6000 Hybrid
Hydraulic Pole Guide (Hydraulic Tilt)
Dual Bucket 300 Lb Capacity
Continuous Rotation
Transformer Material Handling Jib
Radio Remote Controls Beltpack (Includes Start/Stop)
1250 Watt 12 Volt Power Inverter
750 Lb Can Handler w/ Short Jib
Tool Outlets @ Boom Tip, S6000 / Patriot 40
Boom Overstow Switch
Single Bucket Arm
Single Phase Lift Arm
Hydraulic Capstan Winch (Pulling 3,000 Lbs @ 55 Ft Per Minute) Set Of (4) Plastic 18 X 18 X 1.5" Outrigger Pads
Ground Mats and Storage
Spare Tire
Screw Anchor Assembly (W/ Locking Dog Assy and Storage) 20' 20,000 MD6000 Trailer
* Hydraulic Hose Reel & Pad Mount Transformer Deck included as standard part of machine * Terms and Conditions
• Acceptance of this Proposal is subject to availability of the Equipment listed above. execution of this Proposal by both parties.

Thank you for your consideration of this proposal.

Sincerely yours,
Mick Gerber
Mick Gerber
Vice President - Electric Utility Products Group
317-617-1404
[email protected]
Freight: …................................................................ $8,800.00 Module & Trailer Sale Price: …............................................................. $340,662.32 become null and void, unless subsequently executed by both Buyer and Seller. • If this Proposal is not executed by both parties within thirty (30) calendar days from the Proposal Date, this Proposal shall Total: …............................................................................................ $349,462.32 • Execution of this Proposal by Seller and Buyer constitutes a binding agreement between the parties. • The Sale of New Equipment Terms and Conditions are incorporated into and made a part of this Proposal upon acceptance and • Sales Price does not include any applicable sales taxes. Buyer is responsible for and agrees to pay all applicable sales tax. *** Surcharges or rate increases issued by Manufacturer that affect this quote following quote acceptance, but prior to order delivery, will be the responsbility of Buyer. Any surcharge or increase that is applied to this purchase will be applied at same cost as issued by Manufacturer. ***
Colton, CA Sales Tax - 8.75%: ….................................................................. $30,577.95 Total with Sales Tax: …................................................................ $380,040.27 Training: …................................................................. Included PDI / Prep: …................................................................. Included Standard Sale Price: …............................................................. $446,770.25 Including PDI, Prep & Training
CUSTOMER INITIALS: ________

11.a
Packet Pg. 350
Attachment: Skylift Proposal - City of Colton 5.15.2024 (4535 : Purchase - JDC Industrial Equipment Specialists) By:

Date:

Email:

Purchase Order#:

Customer:

This proposal becomes a contract for delivery and payment of the merchandise listed above only when signed by the customer or one of its officers.

CUSTOMER INITIALS: ________

11.a
Packet Pg. 351
Attachment: Skylift Proposal - City of Colton 5.15.2024 (4535 : Purchase - JDC Industrial Equipment Specialists)

1. THE AGREEMENT . Jack Doheny Companies, Inc., (the “Seller”) agrees to sell, transfer and convey its right, title and interest in the new goods, equipment, vehicles and /or other new items (collectively, the “Equipment”) described in Seller ’s written Invoice for the Sale of New Equipment (the “Invoice”) to the Buyer subject to the terms and conditions contained herein, which are incorporated into the Invoice, agreed to by the parties hereto, and together consists of the entire agreement between the Seller and Buyer (collectively, the “Agreement”). The Agreement shall be for the benefit of the Seller and Buyer and not for the benefit of any other person or entity. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by the Seller and Buyer, to the extend they differ from, modify, add to or change from the Agreement shall not be binding on the Seller.

2. TERMS OF PAYMENT.

2.1 Payment Date. All payments for the Equipment are due from Buyer on the date of the invoice unless other terms are agreed to in writing between Seller and Buyer. Payment shall be made to Seller at the address specified in the Agreement, without any offset or deduction for any reason.

2.2 Shipping Delays. If any shipment is delayed at the request of Buyer, payment shall become due based on the date Seller is prepared to make shipment, and Seller may invoice Buyer based on such date. All prices for Equipment are F.O.B. Seller's shipping point.

2.3 Delinquent Payments.

2.3.1 Any payment not made by Buyer on or before its due date shall be subject to a late charge on any unpaid balance at a rate of 18% per annum, or the highest interest rate allowed by law, whichever is greater.

2.3.2 If a payment is not made on or before its due date, Buyer agrees that Seller may elect, in addition to any other remedy at law or in equity, to cease performance under the Agreement and any other agreement between Buyer and Seller until such payment is rendered to Seller .

3. DELIVERY. Seller does not guarantee delivery dates.

4. RISK OF LOSS . Buyer assumes all risk of loss of Equipment upon delivery by Seller to carrier if Equipment is shipped. For Equipment that is shipped, Seller agrees to: ( a) prepare the Equipment for shipment to Buyer; (b) deliver custody of the Equipment to carrier; (c) make appropriate arrangements for the transportation to carrier; and deliver documents to enable Buyer to obtain possession of the Equipment. Seller shall not be obligated to obtain insurance or to prepay transportation /carrier costs for the Equipment. Buyer agrees to be responsible for and to timely pay all loading, unloading and other charges incidental to transportation of the Equipment. Whether Seller pays transportation charges or not, risk of loss shall pass to Buyer upon delivery of the Equipment to a carrier.

5. INSPECTION OF EQUIPMENT. Buyer has inspected the Equipment and is satisfied with the Equipment’s condition.

6. INDEMNIFICATION. Buyer shall indemnify, hold harmless and release Seller from any and all liabilities, losses, damages, claims, costs and expenses, including attorney fees, arising out of, in whole or in part, from (a) the design, or manufacture of the Equipment; or (b) the use of the Equipment by Buyer and those acting on Buyer’s behalf.

7. MISCELLANEOUS.

7.1 No Assignment . There shall be no assignment of the Agreement by Buyer without the prior written approval of Seller. Any assignment of the Agreement shall not relieve Buyer of its obligations under the Agreement.

7.2 Force Majeure . Neither party will be liable for any delay or failure to perform its obligations hereunder, other than a payment obligation, due to any cause beyond its reasonable control including without limitation, acts of God or of the public enemy, including terrorists, acts of the government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of the party whose performance is affected (“Force Majeure Events ”); provided that the affected party provides the other party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re -commence performance as promptly as possible; provided, further, that if the duration of such Force Majeure Event exceeds thirty (30) days, the other party may terminate the Agreement upon delivery of written notice to the affected party.

7.3 Venue. The parties agree that any dispute under the Agreement shall be brought in the applicable state or federal court located in the county in which the Originating Branch is located and the parties waive any right to a jury trial.

7.4 Construction and Captions . The parties acknowledge that each has reviewed the Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Agreement or any exhibits or amendments hereto ; and that section headings appearing in the Agreement are for convenience of reference only and they are not intended, to any extent or for any purpose, to limit or define the text of any section or any subsection hereof. In the event any part of the Agreement is found to be ambiguous, such ambiguity shall not be construed against any party.

7.5 Entire Agreement . The Agreement constitutes the sole and entire agreement between the parties and supersedes all prior and contemporaneous statements , promises, understandings or agreements, whether written or oral.

7.6 Amendments. The Agreement may be amended, modified or altered at any time upon the approval of the Seller and Buyer; however, any such amendment must be in writing and signed by the Seller and Buyer in order for such amendment to be of any force and effect .

7.7 Partial Invalidity . In the event that any provision of the Agreement is declared by any court of competent jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions and provisions of the Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form, the remainder of the Agreement shall continue to be binding upon the parties.

7.8 Counterparts. The Agreement and any amendment thereto may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. Delivery of an executed counterpart of a signature page of the Agreement by facsimile or email shall be effective as delivery of an originally executed counterpart of the Agreement.

7.9 Authority. Each person(s) executing the Agreement as an agent or in a representative capacity warrants that he or she is duly authorized to do so.

NO WARRANTY . SELLER MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE ,

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MARKETABILITY OR FITNESS FOR PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY HEREBY DISCLAIMED. To the extent allowed by law and those agreements, Seller transfers and assigns to Buyer the Equipment manufacturer’s warranties, if any such warranty is provided by the Equipment manufacturer. In no event shall Seller be liable to Buyer for any incidental , consequential, special, exemplary, and/or punitive damages, including without limitations, loss of revenue or profit.

SALE OF NEW EQUIPMENT

TERMS AND CONDITIONS

Page 1 of 1 ends

702-665-5397
[email protected]
dohenycompany.com

11.a
Packet Pg. 352
Attachment: Skylift Proposal - City of Colton 5.15.2024 (4535 : Purchase - JDC Industrial Equipment Specialists)

ITEM NO. 12

STAFF REPORT

DATE: JUNE 4, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY, AND APPROVE

SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF COLTON CALIFORNIA AMENDING VARIOUS
SECTIONS OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO

PERMIT AND REGULATE ELECTRIC VEHICLE CHARGING

STATIONS AND HYDROGEN VEHICLE CHARGING STATIONS

PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65850.7, ORDINANCE NO. O-5-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Waive Full Reading, Read by Title Only, and Approve Second Reading of an Ordinance Amending Various Sections of Title 18 of the Colton Municipal Code to Permit and Regulate Electric Vehicle Charging Stations and Hydrogen Vehicle Charging Stations Pursuant to California Government Code Section 65850.

ATTACHMENT

1. Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft

2. Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned

3. Attachment 3_CC_Draft Ordinance No. O-5-24
12 Packet Pg. 353

CITY OF COLTON

PLANNING COMMISSION AGENDA

MEETING MINUTES

COUNCIL CHAMBERS, 650 NORTH LA CADENA DRIVE, COLTON, CA 92324 REGULAR MEETING –TUESDAY, APRIL 23, 2024 – 5:30 P.M.

A. CALL TO ORDER at 5:30 pm

B. ROLL CALL

Present
Richard Prieto
Adrianna Escarcega
Leticia (“Tish”) Baden
Dr. Eric Peters
Gary Grossich

Commissioners Absent:

None

Staff Present:

Heidi Duron, Development Services Director
William Priest, City Attorney
Mario Suarez, Planning Manager
David Alvarez, Senior Planner
Steve Gonzales, Associate Planner

C. PLEDGE OF ALLEGIANCE Led by Commissioner Grossich

D. APPROVAL OF MEETING MINUTES FOR

April 9, 2024, Draft Planning Commission Minutes

Motion and second by Commissioner Grossich / Commissioner Baden to approve.

Roll Call vote: Ayes: 4 Noes: 0 Absent: 0 Abstain: 1 (Prieto)

E. PUBLIC COMMENTS:

None

F. DEVELOPMENT SERVICES DEPARTMENT FY2024-25 BUDGET
Staff presentation and discussion of proposed FY2024 -25 budget. Commission comments will be summarized and forwarded to the City Manager and Finance Department for consideration in the budget adoption process
Commissioners:

Richard Prieto, District 1

Adrianna Escarcega, District 2

Letitia Baden, District 3

Dr. Eric Peters, District 4

Gary Grossich, At Large

12.a
Packet Pg. 354
Attachment: Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft (4552 : Second Reading of Ordinance No. O-05-24) Planning Commission Meeting Minutes
April 23, 2024

Page 2 of 5 ends

Presented by Heidi Duron, Development Service Director

The Commission supported the application of future grants to assist the City in its housing efforts.

Clarification and status of building staff recruirtment was provided by Director Duron. Director Duron clarified that Code Enforcement Officer dedicated to Planing/Zoning/Business License area is funded through the Police Department. The Code Compliance Officer is currently assigned Development Services and working on cases. The Commission asked about uniform line item for the Building Division. Staff c larified that this line item addressed boots and other field equipment used by inspectors in completing their inspections.

G. PUBLIC HEARING

1. FILE INDEX NO.: DAP23-0024 Text Amendment - Clean Fueling Facilities (continued from 4-9-24 meeting)
APPLICANT: Rob Fox, Senior Project Manager, Nextera Energy

PROPERTY OWNER: City wide

PROPERTY LOCATION: City wide

REQUEST: Zoning Ordinance Text Amendment to allow ”Electric Vehicle Charging & Hydrogen Fueling Facilities” as a Permitted Use in the I -P (Industrial Park), M -1 (Ligh Industrial), and M -2 (Heavy Industrial) Zones amending Sections 18.04 (Definitions), 18.06.060 (Permitted Uses-Table G) and 18.48 (Special Provisions).

ENVIRONMENTAL DETERMINATION: Staff analyzed the proposal for California Environmental Quality Act (CEQA) compliance. The proposal is exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) due to the certainty that there is no possibility that the action will have a significant effect on the environment.

Presented by: Mario Suarez, Planning Manager and William Priest, City Attorney

STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council through adoption of the attached Resolution titled:

RESOLUTION NO. R-04-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF COLTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18, SECTION 18.04, 18.06.060, AND 18.48 OF

THE COLTON MUNICIPAL CODE RELATING TO ELECTRIC VEHICLE CHARGING

FACILITIES & HYDROGEN VEHICLE FUELING FACILITIES AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (FILE INDEX NO. DAP23-0024)

PUBLIC COMMENTS:

None
Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 4.38"
Formatted: Indent: Left: 0.5"

12.a
Packet Pg. 355
Attachment: Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft (4552 : Second Reading of Ordinance No. O-05-24) Planning Commission Meeting Minutes
April 23, 2024

Page 3 of 5 ends

COMMISSION ACTION
Motion and second by Commissioner Grossich / Commissioner Escarcega to approve with modifications Updating the use table to include “small EV charging stations” as permitted in all R zones, as well as C and I zones and Updating the following definitions:

A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located. to include small electric vehicle charging stations as permitted in MS zone.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

2. FILE INDEX NUMBER: DAP 001-425 Club 215 Billboard

APPLICANT: Todd Gibboney

PROPERTY OWNER: Todd Gibboney

PROPERTY LOCATION: 2680 S. La Cadena Drive

REQUEST: AMENDMENT OF APPROVED BILLBOARD PUBLIC BENEFIT AGREEMENT - for operation of a proposed off -premise advertising electronic changeable copy (billboard) double-faced freestanding sign as a “gateway sign” for the south entry to the City on the Interstate 215 Freeway on property located at 2680 S. La Cadena Drive (No rthwest corner of I -215 Freeway/ Iowa Avenue - Assessor Parcel No. 1167-111-19).

ENVIRONMENTAL DETERMINATION: As part of the original approvals, the Planning Commission/City Council adopted a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Since the amendments to the Billboard Agreement do not propose any p hysical changes to the Billboard (sign), the prior Negative Declaration is still effective.

STAFF RECOMMENDATION: Staff recommends the Planning Commission approved the following Resolution:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON

RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDED AND RESTATED

PUBLIC BENEFIT, DIGITAL BILLBOARD AND EXPIRED LAND USE SETTLEMENT AGREEMENT FOR PROPERTY LOCATED AT 2680 S. LA CADENA DRIVE (Assesso r Parcel No. 1167-111-19).

PUBLIC COMMENTS:

None
Formatted: Normal, Justified, Indent: Left: 0.25", No bullets or numbering
Formatted: Font: (Default) Calibri, Font color: Custom
Color(RGB(31,73,125))
Formatted: Justified, Indent: Left: 0.25"

12.a
Packet Pg. 356
Attachment: Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft (4552 : Second Reading of Ordinance No. O-05-24) Planning Commission Meeting Minutes
April 23, 2024

Page 4 of 5 ends

COMMISSION ACTION
Motion and second by Commissioner BadenGrossich/ Commissioner Escarcega Dr. Peters to continue Public Hearing to the next May 14, 2024, Planning Commission meeting on May 14, 2024 to allow staff time to clarify some of the formatting/reference areas and concerns made by the Commission.

The Commission requested a copy of the original agreement to compare the changes.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

H. DIRECTOR’S REMARKS/REVIEW OF CITY COUNCIL AGENDAS
• Annouced the retirement of the Building Official, Ramon Hernandez and will be contracting for Building Official with Willdan Engineering going to City Council on May 7, 2024. • Ecology Recycling Services appeal related to pile height going to City Council on May 7, 2024. • Code Enforcement updates:
- 839 E. Fairway Drive – Residential Care / Memory Care Facility - 531 S. La Cadena Drive - Old DelU’s Restaurant on La Cadena

I. COMMISSION COMMENTS

COMMISSIONER RICHARD PRIETO
• Status of business cards.
• Question about who the lead adjacency was for controlling the traffic signals on Reche Canyon? • Asked about when the next Reche Canyon Traffic Ad-Hoc Committee Meeting is scheduled? • 1320 East Washington Street – Dunkin Donuts freestanding sign – staff to check on compliance with three-foot setback requirement.
• 1703 East Washington – Former Circle K freesstamdomg sign(s) – new sign appear to have no permit as they do not meet the three-feet setback requirement. •

COMMISSIONER LETITIA BADEN
• Thanked staff for Code Enforcement status updates.
• Questions about Dunkin’ Dounuts – banner flags.
• South Colton banners / flags / tires on sidewalks signs check is needed.

COMMISSIONER ADRIANNA ESCARCEGA
• Thanked staff for addressing her questions.

COMMISSIONER DR. ERIC PETERS
• Commented on Iron Horse Hills Appeal hearing.
• Asked for status on the Reche Canyon Realignment project.

Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: Bold
Formatted: Indent: Left: 0.25", Bulleted + Level: 1 +
Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font: Times New Roman, Bold

12.a
Packet Pg. 357
Attachment: Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft (4552 : Second Reading of Ordinance No. O-05-24) Planning Commission Meeting Minutes
April 23, 2024

Page 5 of 5 ends

• Asked if there were any grants available to address the street improvements and signals on Barton Road between Iron Horse Hills and East Washington Street and at the intersection of Barton Road and East Washington..
• Asked about follow-up on the Street Signals “timing” between the City and San Bernardino County to allow for longer green light traveling south in the evening to help the bottlenecking issues along Reche Canyon Drive.
• Comments/concerns regarding pile heights for AIM is “tremendously” high – the heights of the piles looked as high as their container sound wallsout of compliance. • Discuss Reche Canyon improvements Water/Public Works and San Bernardino County. • Circle K sign – new sign appear to have no permit South Colton lots of signs in a row.

COMMISSIONER GARY GROSSICH
• Thanked staff and noted all the work staff completes..

J. ADJOURNMENT

Motion to adjourn by Commissioner Baden and Escarcega.

Meeting adjourned at 7:47 pm

Next Scheduled Meeting: Tuesday, May 14, 2024

Documents Related to Open Session Agendas (SB 343). Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection Monday through Thursday 7:30 am to 5:00 p.m. at the City of Colton Development Services Department located at the Civic Center Annex (across the street from City Hall) at 659 N. La Cadena Drive, Colton, CA 92324. The meeting will be an in -person meeting and comments via telephone or zoom will not be available.

Appeal of Planning Commission Action. If you challenge in court any action of the Planning Commission related to a public hearing item, you may be limited to raising only those issues you or someone else has raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. A decision of the Planning Commission may be appealed to the City Council. An appeal must be filed within ten (10) days following the appellant’s receipt of notice of the action.

ADA Compliance. In compliance with the American with Disabilities Act, if you need special assistance to participate in a Planning Commission Meeting, please contact the Planning Division at 909-370-5079. Notification forty -eight (48) hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

12.a
Packet Pg. 358
Attachment: Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

RESOLUTION NO. R-06-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COLTON AMEND VARIOUS SECTIONS OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO PERMIT

AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65850.7

WHEREAS, California Government Code section 65850.7, as recently amended by Senate Bill 1291, requires cities and other local governments to regulate and permit electrical vehicle charging stations and hydrogen fuel -cell vehicle fueling stations through a streamlin ed building permit process, subject to the terms and conditions stated therein; and WHEREAS, by adoption of this Ordinance, the City Council desires to update and modernize its zoning and development regulations to comply with Government Code section 65850.7 and thereby promote the orderly development of electric vehicle charging stations and hydrogen fuel-cell vehicle fueling stations within the City, consistent with State law; and WHEREAS, the Colton Planning Commission held a duly noticed public hearing to consider the Ordinance, and by a vote of 5 to 0, recommended its approval to the City Council; and
WHEREAS, all prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:

SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance (“Zoning Text Amendment”) as set forth in the attached Exhibit “A” as if fully set forth herein.

SECTION 2. The Planning Commission hereby recommends that the City Council of the City of Colton adopt the Zon ing Text Amendment, in substantially the form attached hereto as Exhibit “A,” which is incorporated by reference, based on the following findings:

A. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. Specifically, the provisions of this Ordinance promote the use of electric vehicles and hydrogen fuel -cell vehicles by allowing electric vehicle charging stations and hydrogen vehicle fueling stations to be approved administratively in the City to be consistent with California Government Code section 65850.7, as recently amended by Senate Bill 1291. Permitting these types of uses within the City of Colton furthers the City’s goals and policies as set forth in the City of Colton General Plan, specifically:

Land Use Element: Permitting electric vehicle charging stations and hydrogen vehicle fueling stations in the City with specific objective development standards, is consistent with the goals and policies of the City of Colton Land Use Element, specifically:

12.b
Packet Pg. 359
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 2 of 14 ends

- 2 -

o Goal LU-3.5 “Establish a list of commercial and industrial uses that are needed in the City, and work towards bringing those business to Colton.” The proposed Ordinance will support and encourage bringing zero-emission vehicle charging and fueling stations to the City with a streamlined review and approval process that is not currently in the City’s Zoning Code.

o Goal LU -5.5 “Develop and implement greenhouse gas emissions reduction measures, including discrete, early -action greenhouse gas reducing measures that are technologically feasible and cost effective.” By promoting the use of electric vehicle charging stations and hydrogen vehicle fueling stations with a streamlined review and approval process and allowing the network of zero-emission vehicle stations to grow with the proposed Ordinance, the City is contributing to the reduction of greenhouse gas emissions for the foreseeable future.

B. Finally, the City Council f inds that the proposed Ordinance to permit electric vehicle charging stations and hydrogen vehicle fueling stations by-right is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the proposed Ordinance includes appropriate development standards to ensure that the permitted stations meet all City public health and safety standards including Building and Safety Codes.

SECTION 3. The Planning Commission finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 23th day of April, 2024.

_______________________________
Richard Prieto
Planning Commission Chairperson

ATTEST:

__________________________
Planning Commission Secretary
Heidi Duron, Development Services Directo

12.b
Packet Pg. 360
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 3 of 14 ends

- 3 -

I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on April 23, 2024, by the following vote of the Planning Commission:

AYES: Peters, Escarcega, Grossich, Baden, Prieto
NOES:

ABSENT:

ABSTAIN:

_____________________________
Planning Commission Secretary
Heidi Duron, Development Services Director

12.b
Packet Pg. 361
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 4 of 14 ends

- 4 -

EXHIBIT “A”
ORDINANCE NO. O-___-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING VARIOUS SECTIONS OF TITLE 18 OF

THE COLTON MUNICIPAL CODE TO PERMIT AND REGULATE

ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65850.7

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.

SECTION 2. The City Council of the City of Colton hereby adopts this Ordinance based on the following findings:

12.b
Packet Pg. 362
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 5 of 14 ends

- 5 -

SECTION 3. The City Council of the City of Colton hereby adds sections 18.04.195 and

18.04.255 to Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.04 – Definitions

18.04.195 – Electric Vehicle Charging Station.

“Electric Vehicle Charging Station” or "Charging Station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

A “large electric vehicle charging station” means a station that is designed and operated as the primary permitted use on the site in order to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or

12.b
Packet Pg. 363
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 6 of 14 ends

- 6 -

without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside an electric vehicle into a plug -in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electri c vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

18.04.255 – Hydrogen Vehicle Fueling Station.

“Hydrogen Vehicle Fueling Station” or "Hydrogen station" means a station designed and operated as the primary permitted uses on the site with the equipment used to deliver, store and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel -cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Sec tion 18.58.030 of the Colton Municipal Code.”

SECTION 4. The City Council of the City of Colton hereby amends Section 18.06.060 of Chapter 18.04 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.06 (Permitted Uses)

E. Residential Districts Table V-L R1 R2 R3/R4
Electric Vehicle Charging Station – Small, See Chapter 18.48 of this Title

P P P P
Family Day Care Home—Small P P P P
Family Day Care Home—Large MC MC MC C
Home Occupation pursuant to Chapter 18.48 of this Title. P P P P Manufactured Home, pursuant to Chapter 18.48 of this Title. P P N N Mobilehome Park, pursuant to Chapter 18.48 of this Title. N N C C Office Ancillary to Multi-Family/Model Home P P P P Plant Nursery (grown in containers only)), excluding
marijuana

P P P P
Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons)

P P P P
Residential or Group Care Facility—Large (serving seven or C C C C

12.b
Packet Pg. 364
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 7 of 14 ends

- 7 -

more persons)
Utility Distribution Facilities P P P P
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Day Care Center Child or Adult MC MC MC MC
Dwelling—Compact Lots Subdivision, pursuant to Section

18.48.190 of Title 18.

N N P P
Dwelling—Single Family N N P P
Dwelling—Manufactured Home, pursuant to Section

18.48.060 of this Title

N N N P
Dwelling—Multiple-Family N N P P
Dwelling—Live/Work P P P P
Eating/Drinking Establishments, Indoor Only P P P P Eating/Drinking Establishments with Outdoor Seating C C C C Eating/Drinking Establishments—Drive-Thru C C C1 C
Educational Institutions and Vocational Schools C P C C Electric Vehicle Charging Station – Small, see chapter 18.48 of this Title

P P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title

P P P P
Entertainment Facilities C P P P
Family Day Care Home, Large MC MC MC MC
Family Day Care Home, Small P N P P
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P P Financial Institutions N P P P
Florist P P P P
Fortunetelling, pursuant to Chapter 18.48 of this Title. N MC N N Funeral Services N P N N
Health and Fitness Club N P P P
Home Occupations, pursuant to Chapter 18.44 of this Title. P P P P Hospitals N P N N
Hotels and Motels N C C N
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title

P P P P
Instructional Services C P P N
Laundry services—Heavy N P N N

G. Industrial Districts Table I-P M-1 M-2
Contractors' Storage Yard/Corporation Yards N C C
Cultural Institutions P P P
Dance, Martial Arts or Yoga Studio P P N
Day Care Center Child or Adult MC N N
Dwelling—Caretaker P P P
Dwelling—Live/Work P P N
Eating/Drinking Establishments, Indoor Only P P P
Eating/Drinking Establishments with Outdoor Seating C C C Eating/Drinking Establishments—Drive Thru P P C
Educational Institutions and Vocational Schools P P P

12.b
Packet Pg. 365
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 8 of 14 ends

- 8 -

Emergency Shelter N P N
Electric Vehicle Charging Station – small, see chapter 18.48 of this Title
P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title
P P P
Entertainment Facilities P P N
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P Financial Institutions P P P
Food Commissary C C C
Funeral Services P P P
Health and Fitness Club P P N
Hospitals P P P
Hotels and Motels C N N
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title P P P Instructional Services P P P
Laundry services—Heavy P P P

”

SECTION 5. The City Council of the City of Colton hereby adds section 18.48.200 to Chapter 18.48 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.48 (Special Provisions)

18.48.200 – Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities

A. Purpose.

The purpose of this Section is to promote and encourage the development and use of zero - emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehi cle charging stations and hydrogen vehicle fueling stations while promoting public health and safety in a manner consistent with California Government Code Section 65850.7. This section does not discourage implementation of alternative fuels and energy sy stems within existing service stations as addressed by Section 18.48.030 (Automobile Service Stations).

B. Applicability.

This chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

C. Definitions.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

"Building official" - See Section 16.08.060.

12.b
Packet Pg. 366
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 9 of 14 ends

- 9 -

“Electric Vehicle Charging Station”, “Small Electric Vehicle Charging Station” and “Large Electric Vehicle Charging Station” – See Section 18.04.195

"Electronic submittal" means e -mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

“Hydrogen Vehicle Fueling Station” – See Section 18.04.255

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the app lication was deemed complete.

D. Electric Vehicle Charging Station Requirements.

1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission and the Colton Electric Utility or other applicable local electric utility company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor -mounted or wall -mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructio ns. Mounting of charging stations shall not adversely affect building elements.

E. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook”.

F. Expedited Permitting Process.

The Building Official shall implement expedited, streamlined permitting processes for

12.b
Packet Pg. 367
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 10 of 14 ends

- 10 -

electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with in order to be eligible for expedited review. For electric vehicle charging stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California:

Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recom mendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City's adopted checklists shall be published on the City's website.

G. Permit application process.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; hydrogen system capacity, piping and overpressure protection; building infrastru cture affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.

2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or otherwise utilize an electric vehicle charging station or hydrogen vehicle fueling station until approval and all necessary permits are granted by the City.

3. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:

a. Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to

12.b
Packet Pg. 368
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 11 of 14 ends

- 11 -

approval.

6. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on al l forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Permit Review.

1. The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety. Notwithstanding the e xpedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:

a. Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4. The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commis sion. Such request shall be made in writing to the Development Services Department. Upon receipt of such request, the Development Services Department shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission fo r its consideration all of the documents and materials submitted with the permit application, together with a report of the decision

12.b
Packet Pg. 369
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 12 of 14 ends

- 12 -

of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code.

5. Notwithstanding any provision of Section 18.58.060 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Section

18.58.100 of the Colton Municipal Code.

6. Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.

7. In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission or City Council shall not condition the approval of any charging station or hydrogen station perm it on the approval of such a station by an association, as that term is defined by California Civil Code Section 4080.

I. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1. For large electric vehicle charging stations and hydrogen fueling stations, the minimum lot size shall be 3.0 acres. Minimum street frontage for large electric vehicle charging stations and hydrogen fueling stations shall be 200 feet.

2. Building Setbacks: Same as underlying zoning.

3. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug -in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requi rements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

4. Building Height: Same as underlying zone.

12.b
Packet Pg. 370
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 13 of 14 ends

- 13 -

5. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by Development Services and Police Department. The security plan may include, but is not limited to a secu rity surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.

6. Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station.
a. Access/Internal Circulation/Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan subject to review and approval by the City Planning Division and Public Works Engineering / Traffic.
b. Driveways, parking, and queuing areas shall comply with all Fire Codes, Traffic Engineering and Planning / Zoning requirements.

7. All proposed signage for the station shall be subject to Chapter 18.50 – Signs.

J. Fees.

The City Council may establish by resolution fees that shall be charged for permits issued under this chapter.”

SECTION 6. CEQA. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this day of , 2024.

Frank J. Navarro, Mayor

12.b
Packet Pg. 371
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton Planning Commission Resolution No. R-06-24

Page 14 of 14 ends

- 14 -

ATTEST:

Stephanie Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

12.b
Packet Pg. 372
Attachment: Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

ORDINANCE NO. O-X-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING VARIOUS SECTIONS OF TITLE 18 OF

THE COLTON MUNICIPAL CODE TO PERMIT AND REGULATE

ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65850.7

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 2. The City Council of the City of Colton hereby adopts this Ordinance based on the following findings:

12.c
Packet Pg. 373
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 2 of 11 ends

- 2 -

SECTION 3. The City Council of the City of Colton hereby adds sections 18.04.195 and

18.04.255 to Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.04 – Definitions

18.04.195 – Electric Vehicle Charging Station.

12.c
Packet Pg. 374
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 3 of 11 ends

- 3 -

18.04.255 – Hydrogen Vehicle Fueling Station.

“Hydrogen Vehicle Fueling Station” or "Hydrogen station" means a station designed and operated as the primary permitted uses on the site with the equipment used to deliver, store and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel -cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equ ipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.”

SECTION 4. The City Council of the City of Colton hereby amends Section 18.06.060 of Chapter 18.04 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.06 (Permitted Uses)

E. Residential Districts Table V-L R1 R2 R3/R4
Electric Vehicle Charging Station – Small, See Chapter 18.48 of this Title

P P P P
Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons)

P P P P
Residential or Group Care Facility—Large (serving seven or C C C C

12.c
Packet Pg. 375
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 4 of 11 ends

- 4 -

more persons)
Utility Distribution Facilities P P P P
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Day Care Center Child or Adult MC MC MC MC
Dwelling—Compact Lots Subdivision, pursuant to Section

18.48.190 of Title 18.

N N P P
Dwelling—Single Family N N P P
Dwelling—Manufactured Home, pursuant to Section

18.48.060 of this Title

P P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title

P P P P
Instructional Services C P P N
Laundry services—Heavy N P N N

12.c
Packet Pg. 376
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 5 of 11 ends

- 5 -

”

SECTION 5. The City Council of the City of Colton hereby adds section 18.48.200 to Chapter 18.48 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.48 (Special Provisions)

18.48.200 – Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities

A. Purpose.

B. Applicability.

C. Definitions.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost -effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

"Building official" - See Section 16.08.060.

12.c
Packet Pg. 377
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 6 of 11 ends

- 6 -

“Electric Vehicle Charging Station”, “Small Electric Vehicle Charging Station” and “Large Electric Vehicle Charging Station” – See Section 18.04.195

"Electronic submittal" means e -mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

“Hydrogen Vehicle Fueling Station” – See Section 18.04.255

D. Electric Vehicle Charging Station Requirements.

E. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook”.

F. Expedited Permitting Process.

The Building Official shall implement expedited, streamlined permitting processes for

12.c
Packet Pg. 378
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 7 of 11 ends

- 7 -

G. Permit application process.

4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:

a. Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to

12.c
Packet Pg. 379
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 8 of 11 ends

- 8 -

approval.

H. Permit Review.

a. Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

12.c
Packet Pg. 380
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 9 of 11 ends

- 9 -

18.58.100 of the Colton Municipal Code.

I. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

2. Building Setbacks: Same as underlying zoning.

4. Building Height: Same as underlying zone.

12.c
Packet Pg. 381
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 10 of 11 ends

- 10 -

7. All proposed signage for the station shall be subject to Chapter 18.50 – Signs.

J. Fees.

The City Council may establish by resolution fees that shall be charged for permits issued under this chapter.”

SECTION 6. CEQA. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this day of , 2024.

Frank J. Navarro, Mayor

12.c
Packet Pg. 382
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Colton City Council Ordinance No. O-X-24

Page 11 of 11 ends

- 11 -

ATTEST:

Stephanie Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

12.c
Packet Pg. 383
Attachment: Attachment 3_CC_Draft Ordinance No. O-5-24 (4552 : Second Reading of Ordinance No. O-05-24)

Colton City CouncilJune 4, 2024

Colton City Council
June 4, 2024