Local Guidelines for Implementing the
California Environmental Quality Act (2025) TYPES OF EIRS
2025 City of Colton Local Guidelines 8-1 ©Best Best & Krieger LLP
8. TYPES OF EIRS
8.01 EIRS GENERALLY.
This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Local Guidelines.
8.02 TIERING.
(a) Tiering Generally.
“Tiering” refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs, Negative Declarations, or Mitigated Negative Declarations prepared for narrower projects. The later EIR, Negative Declaration, or Mitigated Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project.
An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined.
Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR, Negative Declaration, or Mitigated Negative Declaration. However, the level of detail contained in a first- tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed.
When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the Lead Agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand.
(b) Identifying New Significant Impacts.
When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the Lead Agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects.
A Lead Agency may use only a valid CEQA document as a first-tier document.
Accordingly, the City, in its role as Lead Agency, should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the first- tier document is subsequently invalidated, any later environmental document may also be defective.
Local Guidelines for Implementing the
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2025 City of Colton Local Guidelines 8-2 ©Best Best & Krieger LLP (c) Infill Projects and Tiering.
Certain “infill” projects may tier off of a previously certified EIR. An “infill” project is defined as a project with residential, retail, and/or commercial uses, a transit station, a school, or a public office building. It must be located in an urban area on a previously developed site or on an undeveloped site that is surrounded by developed uses. The project must be either consistent with land use planning strategies that achieve greenhouse gas (“GHG”) emission reduction targets, feature a small walkable community project, or where a sustainable communities or alternative planning strategy has not yet been adopted for the area, include a residential density of at least 20 units per acre or a floor area ratio of at least 0.75. The project must also meet a number of standards related to energy efficiency that are not yet defined but which SB 226 directs the Office of Land Use and Climate Innovation to prepare.
If an EIR was certified for a planning level decision by a city or county (such as a General Plan or Specific Plan), the scope of the CEQA review for a later “infill” project can be limited to those effects on the environment that: 1) are specific to the project or to the project site and were not addressed as significant effects in the prior EIR; or 2) substantial new information shows will be more significant than described in the prior EIR.
When a project meets the definition of “infill” and either of the above conditions exist but a Mitigated Negative Declaration cannot be adopted, then the subsequent EIR for such a project need not consider alternative locations, densities, and building intensities or growth-inducing impacts.
(d) Statement of Overriding Considerations.
A Lead Agency may also tier off of a previously prepared Statement of Overriding Considerations if certain conditions are met. (See Local Guidelines Section 7.37.) (Reference: State CEQA Guidelines, § 15152.)
8.03 PROJECT EIR.
The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This type of EIR must examine all phases of the project, including planning, construction, and operation.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
Although the City will probably not act as a Lead Agency for a Redevelopment Plan, the City may act as a Responsible Agency.
(Reference: State CEQA Guidelines, §§ 15161, 15180.)
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8.04 SUBSEQUENT EIR.
A Subsequent EIR is required when a previous EIR has been prepared and certified, or a Negative Declaration or Mitigated Negative Declaration has been adopted, for a project and at least one of the three following situations occur:
(a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(c) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration/Mitigated Negative Declaration was adopted, becomes available and shows any of the following:
(1) the project will have one or more significant effects not discussed in a previous EIR, Negative Declaration, or Mitigated Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR;
(3) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.
A Subsequent EIR must receive the same circulation and review as the previous EIR received. As a potential tool to determine whether a Subsequent EIR is required, see Form J-1 of these Local Guidelines.
In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review.
When the City is considering approval of a development project that is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR. (Reference: State CEQA Guidelines, § 15162.)
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8.05 SUPPLEMENTAL EIR.
The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decision-making body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.
A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR.
When the decision-making body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings shall be made for each significant effect identified in the Supplemental EIR.
(Reference: State CEQA Guidelines, § 15163.)
8.06 ADDENDUM TO AN EIR.
The City shall prepare an Addendum to a previously certified EIR, rather than a Subsequent or Supplemental EIR, only if changes or additions to the EIR are necessary, but none of the conditions described in Local Guidelines Section 8.04 or 8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum.
An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decision-making body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency’s findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence.
(Reference: State CEQA Guidelines, § 15164.)
8.07 STAGED EIR.
When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity.
When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later approval
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(Reference: State CEQA Guidelines, § 15167.)
8.08 PROGRAM EIR.
A Program EIR is an EIR that may be prepared on an integrated series of actions that are related either:
(a) Geographically;
(b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or
(d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways.
An advantage of using a Program EIR is that it can “[a]llow the Lead Agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts.” (State CEQA Guidelines section 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is prepared for a specific project and must examine in detail site-specific considerations. Program EIRs are commonly used in conjunction with the process of tiering.
Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (State CEQA Guidelines section 15385; see also Local Guidelines Sections 8.02 and 11.73.) Tiering is proper “when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports.” (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court has ruled that “CEQA does not mandate that a first-tier program EIR identify with certainty particular sources of water for second-tier projects that will be further analyzed before implementation during later stages of the program. Rather, identification of specific sources is required only at the second-tier stage when specific projects are considered.” (In re Bay-Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment.
(Reference: State CEQA Guidelines, § 15168.)
8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS.
A Program EIR can be used to simplify the task of preparing environmental documents on later activities in the program. The Program EIR can:
Local Guidelines for Implementing the
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2025 City of Colton Local Guidelines 8-6 ©Best Best & Krieger LLP (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects;
(b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole; or
(c) Focus an EIR on a later activity to permit discussion solely of new effects which had not been considered before.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. Where the later activities involve site-specific operations, the City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were within the scope of the Program EIR. If a later activity would have effects that were not examined in the Program EIR, a new Initial Study would need to be prepared leading to an EIR, Negative Declaration, or Mitigated Negative Declaration. That later analysis may tier from the Program EIR as provided in State CEQA Guidelines section 15152.
If the City finds that no Subsequent EIR would be required, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. (See Local Guidelines Section 8.04.) Whether a later activity is within the scope of a Program EIR is a factual question that the Lead Agency determines based on substantial evidence in the record. Factors that the Lead Agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. (Reference: State CEQA Guidelines, § 15168.)
8.10 USE OF AN EIR FROM AN EARLIER PROJECT.
A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained.
(Reference: State CEQA Guidelines, § 15165.)
8.11 MASTER EIR.
A Master EIR is an EIR which may be prepared for:
(a) A general plan (including elements and amendments); (b) A specific plan;
(c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or
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A Master EIR must do both of the following:
(a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment.
The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State CEQA Guidelines and Section 7.25 of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if:
(a) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or
(b) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and:
(1) Finds that, since the Master EIR was certified, no substantial changes have occurred that would cause the subsequent project to have significant environmental impacts, and there is no new information that the subsequent project would have significant environmental impacts; or (2) Prepares an Initial Study and either certifies a Subsequent or Supplemental EIR or adopts a Mitigated Negative Declaration that addresses any substantial changes or new information that would cause the subsequent project to have potentially significant environmental impacts. The certified subsequent or supplemental EIR must either be incorporated into the previously certified Master EIR or the City must identify any deletions, additions or other modifications to the previously certified Master EIR in the new document. The City may include a section in the subsequent or supplemental EIR that identifies these changes to the previously certified Master EIR.
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2025 City of Colton Local Guidelines 8-8 ©Best Best & Krieger LLP When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. (Reference: State CEQA Guidelines, § 15175.)
8.12 FOCUSED EIR.
A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be used only if the City finds that the Master EIR’s analysis of cumulative, growth-inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR.
The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR. “Additional significant effects on the environment” means those project-specific effects on the environment that were not addressed as significant effects on the environment in the Master EIR.
The Focused EIR must also examine the following:
(a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows the effects may be more significant than described in the Master EIR; and
(c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible.
The Focused EIR need not examine the following effects:
(a) Those that were mitigated through Master EIR mitigation measures; or (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency.
A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met:
(a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR’s certification;
(b) The project does not require the preparation of a Subsequent or Supplemental EIR; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station.
A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial new information shows will be more significant than
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8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS.
An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a Project EIR. Normally, the City will not be a Lead Agency for a redevelopment plan. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county and/or applicable city as the case may be, as Lead Agency, analyzes these impacts in accordance with CEQA.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The Lead Agency should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the Lead Agency finds that no new effects could occur, no new mitigation measures would be required or that State CEQA Guidelines sections 15162 and 15163 do not otherwise apply, the Lead Agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
Once certified, no subsequent EIRs will be needed unless required by State CEQA Guidelines sections 15162 or 15163. If a Master EIR is prepared for a redevelopment plan, subsequent projects will be subject to review if they would have effects that were not examined in the Master EIR. If no new effects could occur or no new mitigation measures would be required, the Lead Agency can approve the activity as being within the scope of the project covered by the Master EIR, and no new environmental document is required.
(Reference: State CEQA Guidelines, § 15180.)
Local Guidelines for Implementing the
California Environmental Quality Act (2025) AFFORDABLE HOUSING
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9. AFFORDABLE HOUSING
9.01 STREAMLINED, MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE HOUSING PROJECTS The legislature has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing.
(a) An applicant may submit an application for a development that is subject to the streamlined, ministerial approval process and is not subject to a conditional use permit or any other non-legislative discretionary approval if the development satisfies all of the following objective planning standards:
(i) The development is a multifamily housing development that contains two or more residential units.
(ii) The development is located on a site that satisfies the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C))(1) A site that meets the requirements of clause (2) and satisfies any of the following:
(I) The site is zoned for residential use or residential mixed-use development.
(II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III) The site is zoned for office or retail commercial use and meets the requirements of Gov. Code section 65852.24.
(2) At least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
Local Guidelines for Implementing the
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2025 City of Colton Local Guidelines 9-2 ©Best Best & Krieger LLP (iii) If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to subparagraph B of Paragraph (iv) of this Subsection shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for the following applicable minimum durations:
(A) Fifty-five years for units that are rented.
(B) Forty-five years for units that are owned.
(iv) The development satisfies subparagraphs (A) and (B) below:
(A) The development is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(1) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project does either of the following:
A. The project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies.
B. If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (A), dedicates 20 percent of the total number of units, before calculating any density bonus, to
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2025 City of Colton Local Guidelines 9-3 ©Best Best & Krieger LLP housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 120 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 120 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 120 percent of the area median income shall not exceed 30 percent of the gross income of the household. For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of housing affordable to households making at or below 80 percent of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that ordinance applies.
(3) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(C)(i) A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Government Code section 65915, provided that the development proponent complies with the applicable requirements in the state or local law.
(C)(ii) A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also
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(C)(iii) A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(v) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Government Code section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, “objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are 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 prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this section if the development is consistent with the standards set forth in the general plan.
(C) A project that satisfies the requirements of Government Code section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(vi) The development is not located on a site that is any of the following:
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2025 City of Colton Local Guidelines 9-5 ©Best Best & Krieger LLP (A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual.
(D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code section 65962.5; or
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
.
(F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards
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(G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Code of Federal Regulations section
59.1. (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Code of Federal Regulations section
60.3(d)(3).
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, Fish and Game Code section 2800, habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act, Fish and Game Code section 2050, or the Native Plant Protection Act, Fish and Game Code section 1900.
(K) Lands under conservation easement.
(vii) The development is not located on a site where any of the following apply:
(A) The development would require the demolition of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by tenants within the past 10 years.
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(C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(viii) The applicant has done both of the following, as applicable:
(A) Certified to the locality that either of the following is true, as applicable:
(1) The entirety of the development is a public work for purposes of Labor Code section 1720.
(2) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Labor Code sections 1773 and 1773.9, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The development proponent shall ensure that the
prevailing wage requirement is included in all contracts for the performance of the work.
(II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III) Except as provided in subsection (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Labor Code section 1776 and make those records available for inspection and copying as provided in therein.
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2025 City of Colton Local Guidelines 9-8 ©Best Best & Krieger LLP (IV) Except as provided in subsection (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Labor Code section 1741, which may be reviewed pursuant to Labor Code section 1742, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Labor Code section 1771.2. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Labor Code section 1742.1.
(V) Subsections (III) and (IV) shall not apply if all
contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(VI) Notwithstanding Labor Code section 1773.1,
subdivision (c), the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Labor Code section 511 or 514.
(B)(1) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II) On and after January 1, 2023, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
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2025 City of Colton Local Guidelines 9-9 ©Best Best & Krieger LLP (III) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V) On and after January 1, 2023, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(2) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in the Public Contract Code section 2600.
(3) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III) Except as provided in subdivision (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Public Contract Code section 2600. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act. (Government Code section 7920.000, et seq.) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Public Contract Code section 2600 shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for
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(IV) Subdivision (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(C) Notwithstanding subparagraphs (A) and (B) above, a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(1) The project includes 10 or fewer units.
(2) The project is not a public work for purposes of Labor Code section 1720.
(ix) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Government Code section 66410, et seq.) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (viii).
(B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (h).
(x) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, Civil Code section 798, the Recreational Vehicle Park Occupancy Law, Civil Code section 799.20, the Mobilehome Parks Act, Health and Safety Code section 18200, or the Special Occupancy Parks Act, Health and Safety Code section 18860.
(b)(i)(A)(1) Before submitting an application for a development subject to the streamlined, ministerial approval process described in this section, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the Government Code, as that section read on January 1, 2020.
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(2) Upon receipt of a notice of intent to submit an application, the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(3) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
A. The local government shall provide a formal notice of a development proponent's notice of intent to submit an application to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
1. A description of the proposed development.
2. The location of the proposed development.
3. An invitation to engage in a scoping consultation in accordance with this subdivision.
B. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
C. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe
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(1) The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(2) The development proponent and its consultants engage in the scoping consultation in good faith.
(3) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D) The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements: (1) Government Code sections 7927.000 and 7927.005; Public Resources Code section 21083.3, subdivision (c); (4) State CEQA Guidelines section 15120, subdivision (d); and any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E) CEQA does not apply to the scoping consultation conducted pursuant to this subdivision.
(b)(ii)(A) If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in this section .
(B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in this section. The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local
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(D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(1) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(2) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(b)(iii) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A) A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application pursuant to this section did not accept the invitation to engage in a scoping consultation.
(B) The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to this section but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development.
(D) A scoping consultation between a California Native American tribe and the local government has occurred and resulted in an agreement.
(b)(iv) A project shall not be eligible for the streamlined, ministerial process described in this section if any of the following apply:
(A) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
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2025 City of Colton Local Guidelines 9-14 ©Best Best & Krieger LLP (B) There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in this section.
(C) The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(b)(v)(A) If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial process described in this section for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(1) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(2) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.
(3) The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(b)(v)(B) The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(b)(vi) This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(b)(vii) For purposes of this subdivision:
(A) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement.
Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty.
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(B) “Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(b) (viii) This subdivision (b) shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before September 25, 2020.
(c) (i) If a local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (iii) of this subdivision, it shall approve the development. If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(ii) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(iii) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (g), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
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2025 City of Colton Local Guidelines 9-16 ©Best Best & Krieger LLP (d) (i) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(ii) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (ix) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code section 66410)) shall be exempt from the requirements of CEQA and shall be subject to the public oversight timelines set forth in paragraph (i).
(iii) If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (i), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (i) of subdivision (c).
(e) (i) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A) The development is located within one-half mile of public transit.
(B) The development is located within an architecturally and historically significant historic district.
(C) When on-street parking permits are required but not offered to the occupants of the development.
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(D) When there is a car share vehicle located within one block of the development.
(ii) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f) (i) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements:
(A) The project includes public investment in housing affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(ii) If a local government approves a development pursuant to this section and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (f)(i), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following:
(A) The construction has begun and has not ceased for more than 180 days.
(B) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(C) Notwithstanding subparagraph (ii), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
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2025 City of Colton Local Guidelines 9-18 ©Best Best & Krieger LLP (iii) If the development proponent requests a modification pursuant to subdivision (g), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(g) (i)(A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (b) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(i)(B) Except as provided in paragraph (g)(iiii), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(i)(C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (b).
(i)(D) A guideline that is adopted or amended by the Department of Housing and Community Development after a development is approved through the streamlined, ministerial approval process described in subdivision (b) shall not be used as a basis to deny proposed modifications.
(ii) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(iii) Notwithstanding paragraph (g)(i), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent
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(B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.
(C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after first building permit application if agreed to by the development proponent.
(iv) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(h) (i) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(ii) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (b). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development
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(i) (i) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of Government Code section 65583.2(i).
(ii) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Government Code section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(j) CEQA does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(i) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(ii) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(k) For purposes of this section the following definitions shall apply:
(1) “Affordable housing cost” has the same meaning as set forth in section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraph (B),
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(B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (k)(1), and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(3) “Department” means the Department of Housing and Community Development.
(4) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section.
(5) “Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7) “Moderate income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(8) “Production report” means the information reported pursuant to `subparagraph (D) of paragraph (2) of subdivision (a) of Government Code section 65400.
(9) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(10) “Subsidized” means units that are price or rent restricted such that the units are affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
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2025 City of Colton Local Guidelines 9-22 ©Best Best & Krieger LLP (11) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle.
(B) The last half of the regional housing needs assessment cycle.
(12) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(l) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” under CEQA.
(m) This section shall remain in effect until January 1, 2026.
(Reference: Gov. Code, § 65913.4.)
9.02 MINISTERIAL APPROVAL PROCESS FOR URBAN LOT SPLITS AND HOUSING DEVELOPMENTS
WITH NO MORE THAN TWO RESIDENTIAL UNITS WITHIN A SINGLE -FAMILY RESIDENTIAL ZONE (SB 9)
(a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, and shall therefore not be subject to CEQA, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel is not located on a site that is any of the following:
(A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
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2025 City of Colton Local Guidelines 9-23 ©Best Best & Krieger LLP (C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code—unless the parcel is a site excluded from the specified hazard zone by a local agency, or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
(D) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department;
(F) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
(G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification;
(H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resources protection plan;
(I) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; or lands under conservation easement; or
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(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows; or
(B) The site has not been occupied by a tenant in the last three years (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Other regulations governing the approval of a housing development under this section are set forth in Government Code section 65852.21(a). (b) Notwithstanding any other provision of local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split—and such urban lot split shall therefore not be subject to CEQA—only if the local agency determines that the parcel map for the urban lot split meets all of the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
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2025 City of Colton Local Guidelines 9-25 ©Best Best & Krieger LLP (2) Both newly created parcels are no smaller than 1,200 square feet, except that a local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval.
(3) The parcel being subdivided meets all of the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel is not located on a site enumerated in Paragraph (a)(2) above.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights to withdraw
accommodations from rent or lease within 15 years before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an
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Other regulations governing the approval of an urban lot split under this section are set forth in Government Code section 65852.21(b).
9.03 APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL IN CERTAIN CIRCUMSTANCES (SB 10)
(a) A local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This subsection shall not apply to either of the following:
(1) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(2) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.
(b) An ordinance adopted in accordance with this section, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” under CEQA. (c) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from CEQA, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from CEQA. This subdivision, however, shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from CEQA. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section.
Other regulations governing the approval of an ordinance under this section are set forth in Government Code section 65913.5.
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9.04 HOUSING SUSTAINABILITY DISTRICTS.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. The general plan must contain seven mandatory elements, including a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Senate Bill 73 authorizes a city, county, or city and county, including a charter agency, to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use within the district through the ministerial issuance of a permit. The agency is authorized to apply to the Department of Housing and Community Development for approval of a zoning incentive payment and requires the agency to provide specified information about the proposed housing sustainability district ordinance. The department is required to approve a zoning incentive payment if the ordinance meets the above-described requirements and the agency’s housing element is in compliance with specified law.
A city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that one-half of the amount be paid when the department approves the zone and one-half of the amount be paid when the department verifies that permits for the construction of the units have issued within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. If the agency reduces the density of sites within the district from specified levels set forth in the Senate Bill 73, the agency would be required to return the full amount of zoning incentive payments it has received to the department. The bill also authorizes a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided.
As it relates specifically to CEQA, a Lead Agency designating a housing sustainability district is required to prepare an EIR pursuant to Government Code section 66201 to identify and mitigate, to the extent feasible, environmental impacts resulting from the designation. The EIR shall identify mitigation measures that may be undertaken by housing projects in the housing sustainability district to mitigate the environmental impacts identified in the EIR. Housing projects undertaken in the housing sustainability districts that meet specified requirements, including if the project satisfies certain design review standards applicable to development projects within the district provided the project is “complementary to adjacent buildings and structures and is consistent with the [agency’s] general plan,” are exempt under CEQA.
9.05 INTERIM MOTEL HOUSING PROJECTS.
“Interim motel housing projects” are statutorily exempt from CEQA. A project is exempt from CEQA as an “interim motel housing project” where the project consists of the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing and the conversion meets at least one of the following conditions: (1) the conversion does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and (2) the conversion does not result in any significant effects relating to traffic, noise, air quality, or water quality.
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9.06 SUPPORTIVE HOUSING AND “NO PLACE LIKE HOME” PROJECTS.
A decision by the City to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the “No Place Like Home Program” (set forth in Part 3.9 of Division 5 of the Welfare and Institutions Code, commencing with Section 5849.1) does not constitute a “project” under CEQA.
“Supportive housing” in areas where multifamily and mixed uses are permitted may be a “use by right” and thus exempt from CEQA if the supportive housing project meets certain criteria set forth in Government Code section 65651. A “supportive housing” project is a project that provides housing with no limit on length of stay, that is occupied by persons within the target population—i.e., persons with disabilities, families who are homeless, or homeless youth—and that is linked to onsite or offsite services that assist the supportive housing resident to retain housing, improve their health status, and maximize their ability to live and, when possible, work in the community. A policy by a city or county to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” under CEQA. To see the requirements of the exemptions relating to supportive housing, please see Government Code section 65651.
If a No Place Like Home project is not exempt from CEQA under Government Code section 65651, the development applicant may request, within 10 days after the City determines the type of environmental documentation required for the project under CEQA, that the City prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Public Resources Code section 21186.
If the City approves or determines to carry out a No Place Like Home project that is subject to CEQA, the City shall file a notice of that approval or determination in accordance with the requirements of Public Resources Code section 21151, subdivision (a), except that the Notice of Determination shall be filed within two working days after the approval or determination becomes final. Likewise, if the City approves or determines to carry out a No Place Like Home project that is not subject to CEQA, the City shall file a Notice of Exemption in accordance with the requirements of Public Resources Code section 21152, subdivision (b), except that the Notice of Exemption shall be filed within two working days after the approval or determination becomes final.
(Reference: Pub. Resources Code, § 21163, et seq.; Gov. Code, § 65651; Health & Safety Code, § 50675.14.)
9.07 SHELTER CRISIS AND EMERGENCY HOUSING.
An action taken by certain cities, counties, or state agencies to lease, convey, or encumber land owned by a city or county—or an action to facilitate the lease, conveyance, or encumbrance of land owned by the local government—for, or to provide financial assistance to, a homeless
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9.08 AFFORDABLE HOUSING DEVELOPMENTS IN COMMERCIAL ZONES.
A proposed affordable multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. One hundred percent of the units within the development project, excluding managers’ units, must be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units must be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
2. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further defined in Government Code section 65912.113(f) & (g).
3. The proposed housing development must meet certain density requirements set forth in Government Code section 65583.2(c)(3).
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
8. None of the proposed housing may be located within 500 feet of a freeway.
9. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
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10. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
11. The project site may not be located in wetlands.
12. The project site may not be located in a very high fire hazard severity zone.
13. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
14. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
15. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
16. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
17. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
18. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act.
19. The project site may not be located on lands under conservation easement.
20. The project site may not be located on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
21. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.113(i).
22. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
23. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a
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A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.110, et seq.)
9.09 MIXED-INCOME HOUSING DEVELOPMENTS ALONG COMMERCIAL CORRIDORS.
A proposed multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. The proposed development project must meet all of the following affordability criteria, as set forth in greater detail in Government Code section 65912.122:
(a)(1) A rental housing development shall include either of the following:
(A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households; or (B) Fifteen percent of the units for lower income households. (2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years.
(b)(1) An owner-occupied housing development shall include either of the following:
(A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households; or
(B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households.
(2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 45 years.
(c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following:
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2025 City of Colton Local Guidelines 9-32 ©Best Best & Krieger LLP (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher.
(2) The development project shall meet the lowest income targeting in either policy.
(3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following:
(A) Include 8 percent of the units for very low income
households and 5 percent of the units for extremely low income households; and
(B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required
affordability level.
(d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
2. The project site must abut a commercial corridor and have frontage along the commercial corridor of at least 50 feet.
3. The project site may not be greater than 20 acres.
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
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8. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further explained in Government Code section 65912.123(j).
9. The proposed housing development must meet certain density requirements set forth in Government Code section 65912.123(b).
10. The proposed housing development must meet certain height and setback requirements set forth in Government Code section 65912.123(c)-(d).
11. The project may not be located on a site where any of the following would apply:
(a) The development would require the demolition of the following types of housing: (i) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) or housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(b) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submitted its application for the development.
(c) The site would require the demolition of a historic structure that was placed on a national, state, or local historic register. (d) The property contains one to four dwelling units.
(e) The property is vacant and zoned for housing but not for multifamily residential use.
(f) The existing parcel of land or site is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act
12. None of the proposed housing may be located within 500 feet of a freeway.
13. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
14. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
15. The project site may not be located in wetlands.
16. The project site may not be located in a very high fire hazard severity zone.
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17. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
18. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
19. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
20. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
21. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
22. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act.
23. The project site may not be located on lands under conservation easement.
24. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.121(i).
25. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
26. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.123(f).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.120, et seq.)
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9.10 A RESPONSIBLE AGENCY’S PROVISION OF FINANCIAL ASSISTANCE OR INSURANCE FOR THE DEVELOPMENT AND CONSTRUCTION OF AFFORDABLE HOUSING.
Action taken by a local agency that is acting as a responsible agency – not as a lead agency – to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, is exempt from CEQA if the project that is the subject of the application for financial assistance or insurance will be subject to CEQA review by another public agency. This includes a local agency’s approval of contracts that provide residential, counseling, and security services for people experiencing homelessness. (Reference: Pub. Resources Code, § 21080.10.)
9.11 EXEMPTION FOR SPECIFIED AFFORDABLE HOUSING PROJECTS.
If the conditions and requirements set forth in Public Resources code section 21080.40 are met, the following public agency action relating to an “affordable housing project” shall be exempt from CEQA :
1. The issuance of an entitlement by a public agency for an affordable housing project.
2. An action to lease, convey, or encumber land owned by a public agency for an affordable housing project.
3. An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project.
4. Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project.
5. An action to provide financial assistance in furtherance of implementing an affordable housing project.
Section 21080.40 of the Public Resources Code defines “affordable housing project” as a project that meets the following requirements:
The project consists of multifamily residential uses only or a mix of multifamily residential and nonresidential uses;
At least two-thirds of the square footage of the project is designated for residential use; All of the project’s residential units, excluding managers’ units, are dedicated to lower income households, as defined by Health & Safety Code section 50079.5;
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The project is located on a parcel in any of the following locations: (i) an urbanized area or urban cluster, as designated by the United States Census Bureau, (ii) within one-half mile walking distance to either a high-quality transit corridor or a major transit stop, (iii) a very low vehicle travel area (defined as an urbanized area where existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita), or (iv) proximal to six or more certain specified amenities, including within one-half mile of a bus station or ferry terminal, or within one mile (or two miles if in a rural area) of a supermarket or grocery store, public park, community center, pharmacy or drugstore, medical clinic or hospital, public library, or a school; and Parcels that are developed with urban uses must adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site.
To qualify for this exemption, the affordable housing project must meet a series of requirements set forth in Public Resources Code section 21080.40. The requirements include that the affordable housing project be subject to a recorded California Tax Credit Allocation Committee regulatory agreement for at least 55 years upon completion of construction, and that the project site must be adequately served by existing utilities or extensions. In addition, the public agency must confirm that the project is not built on environmentally sensitive or hazardous land; that the project will not have significant and unavoidable tribal cultural resource impacts; that a Phase I environmental assessment was prepared and any hazardous substances on the site have been remediated; and if the project site is not permitted for multifamily housing, that none of the housing is located within 500 feet of a freeway or within 3,200 feet of a facility that actively extracts or refines soil or natural gas; and that the project site is not within a very high fire hazard severity zone.
If a lead agency determines that the affordable housing project is exempt from CEQA pursuant to this provision, it must file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of each county in which the project is located. (Reference: Pub. Resources Code, § 21080.40.)
9.12 MINISTERIAL APPROVAL OF HOUSING DEVELOPMENTS ON LAND OWNED BY INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND RELIGIOUS INSTITUTIONS.
A “housing development project” is not subject to CEQA if it meets the criteria and requirements set forth in Government Code section 65913.16. To qualify for the exemption, a housing development project must, among other things, meet the following requirements:
1. The housing development project must be located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public
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2. The housing development project must consist of residential units only; constitute a mixed-use development consisting of residential and non-residential uses with at least two-thirds of the square footage designated for residential use; or consist of transitional housing or supportive housing.
3. The housing development project must meet certain affordability requirements.
One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, must be for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50052 of the Health and Safety Code, and 5 percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land.
4. The project must be subject to specified labor and prevailing wage requirements.
The exemption is subject to a lengthy series of locational and other requirements, set forth in Government Code section 65913.16.
(Reference: Gov. Code, § 65913.16.)
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10. CEQA LITIGATION
10.01 TIMELINES.
When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation.
If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met.
10.02 MEDIATION AND SETTLEMENT.
After Litigation Has Been Filed. The parties in a CEQA lawsuit are required to meet and discuss settlement. Within twenty (20) days of being served with a CEQA legal challenge, the public agency named in the lawsuit must file a notice with the court setting forth the time and place for a settlement meeting. The meeting must be scheduled and held not later than forty-five (45) days from the date of service of the petition or complaint upon the public agency. Usually the main parties to the litigation (such as the Lead Agency, the developer of the project if there is one, and those challenging the project and their respective attorneys) meet to discuss settlement; there is no requirement to hire a professional mediator. The settlement meeting is usually subject to a confidentiality agreement.
If the parties in a CEQA lawsuit are in settlement or mediation, that attempt is intended to occur concurrently with the litigation. This means that the respondent public agency will be required to comply with all existing litigation timelines and requirements (for example, preparing and lodging the administrative record discussed below) while simultaneously conducting settlement or mediation, unless the parties enter into an alternate agreement to stay the litigation and that agreement is approved by the court.
10.03 ADMINISTRATIVE RECORD.
A. Contents of Administrative Record.
When the Lead Agency’s CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency’s decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record:
(1) All project application materials;
(2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project;
Local Guidelines for Implementing the
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2025 City of Colton Local Guidelines 10-2 ©Best Best & Krieger LLP (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to CEQA or these Local Guidelines;
(4) Any transcript or minutes of the proceedings at which the decision-making body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decision-making body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation;
(7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decision-making body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA;
(10) Any other written materials relevant to the respondent public agency’s compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency’s files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and
(11) The full written record before any inferior administrative decision-making body whose decision was appealed prior to the filing of the lawsuit.
B. Organization of Administrative Record.
The administrative record should be organized as follows:
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2025 City of Colton Local Guidelines 10-3 ©Best Best & Krieger LLP (1) Index. A detailed index must be included at the beginning of the administrative record listing each document in the order presented. Each entry must include the document’s title, date, brief description, and the volume and page where the document begins;
(2) The Notice of Determination;
(3) The resolutions or ordinances adopted by the Lead Agency approving the project; (4) The findings required by Public Resources Code section 21081, including any statement of overriding considerations;
(5) The Final EIR, including the Draft EIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), or other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study;
(7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the Lead Agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order.
Each section listed above must be separated by tabs or marked with electronic bookmarks.
Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed.
The court may issue an order allowing the documents to be organized in a different manner.
C. Preparation of Administrative Record.
The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record. However, when a third party such as the project applicant prepares or assists with the preparation of the administrative record, the Lead Agency may not be able to recover fees incurred by the third party unless petitioner has agreed to this method of preparation.
Notwithstanding the above, upon the written request of a project applicant received no later than 30 days after the date that the Lead Agency makes a determination pursuant to Public Resources Code section 21080.1, 21094.5, or Chapter 4.2 (commencing with Public Resources Code section 21155) and with the written consent of the Lead Agency sent within 10 business days from receipt of the written request, the Lead Agency may prepare the administrative record concurrently with the administrative process. Should the Lead Agency and the project applicant
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2025 City of Colton Local Guidelines 10-4 ©Best Best & Krieger LLP so desire to pursue concurrent record preparation, the parties must comply with the provisions of Public Resources Code section 21167.6.2.
D. Special Circumstances For Environmental Leadership Projects.
Special timing considerations and requirements apply if the Project is certified by the Governor as an Environmental Leadership Project pursuant to the “Jobs and Economic Improvement Through Environmental Leadership Act of 2021.” For example, the administrative record must be finished and certified within five (5) days of project approval. See Public Resources Code section 21186 for a complete discussion of the special requirements related to the preparation of an administrative record for an Environmental Leadership Project.
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11. DEFINITIONS
Whenever the following terms are used in these Local Guidelines, they shall have the following meaning unless otherwise expressly defined:
11.01 “Agricultural Employee” means a person engaged in agriculture, which includes farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).)
11.02 “Applicant” means a person who proposes to carry out a project that requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance.
11.03 “Approval” means a decision by the decision-making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision-making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project.
For purposes of these Local Guidelines, all environmental documents must be completed as of the time of project approval.
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11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date the Notice of Preparation is published for an EIR or the date the Notice of Intent to Adopt a Negative Declaration is published. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence.
11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
11.06 “Categorical Exemption” means an exemption from CEQA for a class of projects based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment.
11.07 “Census-Defined Place” means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census.
11.08 “CEQA” means the California Environmental Quality Act, codified at California Public Resources Code sections 21000, et seq.
11.09 “City” means the City of Colton.
11.10 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies.
11.11 “Community-Level Environmental Review” means either (1) or (2) below:
(1) An EIR certified for any of the following:
(a) A general plan;
(b) A revision or update to the general plan that includes at least the land use and circulation elements;
(c) An applicable community plan;
(d) An applicable specific plan; or
(e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project;
(2) A Negative Declaration or Mitigated Negative Declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan or specific plan, provided that the subsequent environmental review document is allowed by CEQA following
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2025 City of Colton Local Guidelines 11-3 ©Best Best & Krieger LLP a Master EIR or a Program EIR or is required pursuant to Public Resource Section 21166.
11.12 “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
11.13 “Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
11.14 “Cumulatively Considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
11.15 “Decision-Making Body” means the body within the City, e.g. the City Council, which has final approval authority over the particular project.
11.16 “Developed Open Space” means land that meets each of the following three criteria:
(1) Is publicly owned, or financed in whole or in part by public funds; (2) Is generally open to, and available for use by, the public; and (3) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed Open Space may include land that has been designated for acquisition by a public agency for developed open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.
11.17 “Development Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.)
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11.18 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. To determine whether a project is discretionary, the key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project.
11.19 “EIR” means Environmental Impact Report, a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR.
11.20 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage.
11.21 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “Endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “Threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the Federal Endangered Species Act. A species or subspecies of animal or plant is “Rare” when either:
(1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
(2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered Species Act.
For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the Federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks).
11.22 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall
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11.23 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
11.24 “Final EIR” means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received.
11.25 “Greenhouse Gases” include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
11.26 “Guidelines” or “Local Guidelines” means the City’s Local Guidelines for implementing the California Environmental Quality Act.
11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
11.28 “Historical Resources” include:
Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria:
(a) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (b) Is associated with the lives of persons important in our past; (c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
(d) Has yielded, or may be likely to yield, information important in prehistory or history.
A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria:
(a) The survey has been or will be included in the State Historic Resources Inventory;
(b) The survey and the survey documentation were prepared in accordance with office procedures and requirements; and
(c) The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523.
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2025 City of Colton Local Guidelines 11-6 ©Best Best & Krieger LLP Resources included on a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution, or identified as significant in a historical resource survey (as described above) are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant.
Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or is not determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey.
11.29 “Infill Site” means a site in an urbanized area that meets either of the following criteria:
(1) The site has been previously developed for qualified urban uses; or (2) The site has not been previously developed for qualified urban uses and both (a) and (b) are met:
(a) the site is immediately adjacent to parcels that are developed with qualified urban uses, or
1. at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with existing qualified urban uses at the time the Lead Agency receives an application for an approval; and
2. the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses;
(b) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. (Public Resources Code section 21061.3.)
11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR, a Negative Declaration, or a Mitigated Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project.
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2025 City of Colton Local Guidelines 11-7 ©Best Best & Krieger LLP The City will have jurisdiction by law over a project when the City has primary and exclusive jurisdiction over the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects.
11.32 “Land Disposal Facility” means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code section 25199.1(d).)
11.33 “Large Treatment Facility” means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code section 25205.1(d).)
11.34 “LCI” refers to the Governor’s Office of Land Use and Climate Innovation (formerly known as the Office of Planning and Research, or OPR).
11.35 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity.
11.36 “Low- and Moderate-Income Households” means persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code—i.e., persons and families whose income does not exceed 120% of area median income, adjusted for family size by the Department of Housing and Community Development, in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code section 21159.20(d); State CEQA Guidelines section 15191(f).)
11.37 “Low-Income Households” means households of persons and families of very low and low income. Low-income persons or families are those eligible for financial assistance from governmental agencies for occupants of state-funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code section 21159.20(c); Health and Safety Code sections 50105 and 50106; State CEQA Guidelines section 15191(g).)
11.38 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor.
11.39 “Lower Income Households” is defined in Health and Safety Code section 50079.5 to mean any of the following:
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-8 ©Best Best & Krieger LLP (1) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937;
(2) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as defined in Health and Safety Code 50105; or
(3) “Extremely low income households” means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as defined in Health and Safety Code section 50106.
11.40 “Major Transit Stop” means a site containing an existing rail or bus rapit transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of twenty (20) minutes or less during the morning and afternoon peak commute periods. (Pub. Resources Code, § 21064.3; see also Pub. Resources Code, § 21060.2; State CEQA Guidelines section 15191(i).)
11.41 “Metropolitan Planning Organization” or “MPO” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. There are 18 federally-designated MPOs in California. Non-urbanized (rural) areas do not have a designated MPO.
11.42 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria:
(1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and
(2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
11.43 “Military Service” means the United States Department of Defense or any branch of the United States Armed Forces.
11.44 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project.
The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-9 ©Best Best & Krieger LLP the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).)
11.45 “Mitigated Negative Declaration” or “MND” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made, or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
11.46 “Mitigation” includes avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.
11.47 “Negative Declaration” or “ND” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR.
11.48 “Notice of Completion” means a brief report filed with the Office of Land Use and Climate Innovation by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review.
11.49 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA.
11.50 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project.
11.51 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Land Use and Climate Innovation, and involved federal agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR.
Public agencies are free to develop their own formats for this notice.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-10 ©Best Best & Krieger LLP
11.52 “Oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code section 4526, and that is five (5) inches or more in diameter at breast height. (Public Resources Code section 21083.4(a).)
11.53 “Oak Woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish & Game Code section 1361(h).)
11.54 “Offsite Facility” means a facility that serves more than one generator of hazardous waste. (Public Resources Code section 21151.1(h).)
11.55 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
11.56 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3.10 and 3.11 for specific definitions.
11.57 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Local Guidelines Section 11.58.
11.58 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures; (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City; or
(3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps.
The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-11 ©Best Best & Krieger LLP The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.
11.59 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).)
11.60 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guidelines section 15155.)
11.61 “Qualified Urban Use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code section 21072; State CEQA Guidelines section 15191(k).)
11.62 “Residential” means a use consisting of either residential units only or residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. (State CEQA Guidelines section 15191(l).) Residential, pursuant to Public Resources Code section 21159.24, shall mean a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project.
11.63 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project.
11.64 “Riparian areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-12 ©Best Best & Krieger LLP
11.65 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-of- way of no more than five feet from the edge of the roadway.
11.66 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
11.67 “Significant Value as a Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.
11.68 “Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor.
11.69 “Staff” means the City Manager or his or her designee.
11.70 “Standard” means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application;
(2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and
(5) Governs the jurisdiction where the project is located.
The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-13 ©Best Best & Krieger LLP If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record.
11.71 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Natural Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.)
11.72 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment.
11.73 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the Metropolitan Planning Organization for the region. (See Local Guidelines Section 11.40.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks.
11.74 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or Program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR; or (b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
(Public Resources Code sections 21003, 21061 and 21100.)
11.75 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-14 ©Best Best & Krieger LLP planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
11.76 “Transit Priority Project” means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the California Air Resources Board has accepted a Metropolitan Planning Organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met. To qualify for the exemption, the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square footage; (2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75;
(3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1.
11.77 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site, and freeways, highways, and rail transit service within ten (10) miles of the project site.
11.78 “Tribal Cultural Resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(a) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(b) Included in a local register of historic resources as defined in subdivision (k) of Public Resources Code section 5020.1. (2) A resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this definition, the Lead Agency shall consider the significance of the resource to a California Native American tribe.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-15 ©Best Best & Krieger LLP A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
A historic resource described in Public Resources Code section 21084.1, a unique archaeological resource as defined in subdivision (g) of Public Resources Code section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Public Resources Code section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources.
11.79 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following:
(a) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW;
(b) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands; (c) The State Department of Parks and Recreation with regard to units of the State Park System;
(d) The University of California with regard to sites within the Natural Land and Water Reserve System; and/or
(e) The State Water Resources Control Board with respect to surface waters.
11.80 “Urban Growth Boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary.
11.81 “Urbanized Area” means either of the following:
(1) An incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least one hundred thousand (100,000) persons;
(2) An unincorporated area that meets both of the following requirements:
(a) The unincorporated area is either:
(i) completely surrounded by one or more incorporated cities, has a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and has a population density that at least equals the population density of the surrounding city or cities; or
(ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. An “urban growth boundary” means a
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-16 ©Best Best & Krieger LLP provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(b) The board of supervisors with jurisdiction over the unincorporated area has taken all three of the following steps:
1. Prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that promotes efficient transportation systems,
economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and protects the environment, open space and agricultural areas;
2. Submitted the draft document to the Office of Land Use and Climate Innovation and allowed LCI thirty (30) days to submit comments on the draft finding to the board; and
3. At least thirty (30) days after submitting the draft document to LCI, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document.
(Public Resources Code sections 21083, 21159.20-21159.24; State CEQA Guidelines section 15191(m).)
11.82 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county Lead Agency pursuant to subdivision (a) of section 10911 of the Water Code.
11.83 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or a city or county, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.
11.84 “Water Demand Project” means any one of the following:
(A) A residential development of more than 500 dwelling units; (B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
(D) A hotel or motel, or both, having more than 500 rooms;
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-17 ©Best Best & Krieger LLP (E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually.
(F) A mixed-use project that includes one or more of the projects specified in subdivisions (A); (B), (C), (D), (E), or (G) of this section; (G) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project; or (H) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
(1) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or
(2) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State CEQA Guidelines section 15155.)
11.85 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline.
11.86 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.)
11.87 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.)
11.88 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land
Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS
2025 City of Colton Local Guidelines 11-18 ©Best Best & Krieger LLP use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) FORMS
2025 City of Colton Local Guidelines 12-1 ©Best Best & Krieger LLP
12. FORMS
See forms A – S which accompany these Guidelines.
Local Guidelines for Implementing the
California Environmental Quality Act (2025) Common ACRONYMS
2025 City of Colton Local Guidelines 13-1 ©Best Best & Krieger LLP
13. COMMON ACRONYMS
A. **************************************************
ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District
AQMP – Air Quality Management Plan
AR – Administrative Record
ARB – Air Resources Board
B. **************************************************
BMP – Best Management Practices
BO – Biological Opinion
C. **************************************************
Cal EPA – California Environmental Protection Agency
CAP – Climate Action Plan
CCAA – California Clean Air Act
CCR – California Code of Regulations (Title 14 Sections 15000 et seq. are also known as the State CEQA Guidelines.)
CE – Categorical Exclusion (NEPA)
CESA – California Endangered Species Act
CEQA – California Environmental Quality Act
CFR – Code of Federal Regulations
CMP – Congestion Management Plan
CRWQCB – California Regional Water Quality Control Board D. **************************************************
DEIR – Draft Environmental Impact Report
DFW – Department of Fish and Wildlife
E. **************************************************
EA – Environmental Assessment (NEPA term)
EIR – Environmental Impact Report
EIS – Environmental Impact Statement (NEPA term)
EPA – Environmental Protection Agency
ESA – Endangered Species Act; Environmental Site Assessment F. **************************************************
FCAA – Federal Clean Air Act
FEIR – Final Environmental Impact Report
FOIA – Freedom of Information Act (Federal)
FONSI – Finding of No Significant Impact (NEPA term)
FWS – Fish and Wildlife Service
Local Guidelines for Implementing the
California Environmental Quality Act (2025) Common ACRONYMS
2025 City of Colton Local Guidelines 13-2 ©Best Best & Krieger LLP G. **************************************************
GHG – Greenhouse Gas
GW – Ground Water
H. **************************************************
HH&E – Human Health and Environment
HRA – Health Risk Assessment
HS – Hazardous Substance
I. **************************************************
IS – Initial Study
J. **************************************************
K. **************************************************
L. **************************************************
LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LCI - Office of Land Use and Climate Innovation formerly Office of Planning and Research
LEA – Local Enforcement Agency
LESA – Land Evaluation and Site Assessment
LUFT – Leaking Underground Fuel Tank
LUST – Leaking Underground Storage Tanks. Reference Part 213 of Public Act 451 of 1994.
M. **************************************************
MEIR – Master Environmental Impact Report
MMRP – Mitigation Monitoring and Reporting Plan
MPO – Metropolitan Planning Organization
MND – Mitigated Negative Declaration
N. **************************************************
ND – Negative Declaration
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOC – Notice of Completion
NOD – Notice of Determination
NOE – Notice of Exemption
NOI – Notice of Intent
NOP – Notice of Preparation
NOV – Notice of Violation
O. **************************************************
Local Guidelines for Implementing the
California Environmental Quality Act (2025) Common ACRONYMS
2025 City of Colton Local Guidelines 13-3 ©Best Best & Krieger LLP
P. **************************************************
PEIR – Program Environmental Impact Report. Sometimes also used to describe a Project Environmental Impact Report
PM – Particulate Matter
PRA – Public Records Act
PSA – Permit Streamlining Act
Q. **************************************************
R. **************************************************
RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste.
S. **************************************************
SCH – State Clearinghouse
SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act
SWMP – Stormwater Monitoring Program
SWPPP – Stormwater Pollution Prevention Program
T. **************************************************
TCM – Transportation Control Measure
TCP – Transportation Control Plan
TDS – Total Dissolved Solids
TMP – Transportation Management Plan
Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value
U. **************************************************
UBC – Uniform Building Code
UFC – Uniform Fire Code
UGST – Underground Storage Tank
USDW – Underground Source of Drinking Water
UWMP – Urban Water Management Plan
V. **************************************************
VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey
W. **************************************************
WQS – Water Quality Standard
WSA – Water Supply Assessment
Local Guidelines for Implementing the
California Environmental Quality Act (2025) Common ACRONYMS
2025 City of Colton Local Guidelines 13-4 ©Best Best & Krieger LLP WTP – Water Treatment Plant. A facility designed to provide treatment to water.
WWTP – Wastewater Treatment Plan
X. **************************************************
Y. **************************************************
Z. **************************************************
Item: 6.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - PumpMan - Approve Award of Contract to PumpMan in the Amount of $73,015 for Purchase and Installation of Two (2) New Storm Drain Pumps for the N Street Underpass.
Recommended Action:
Approval of the emergency authority by the City Manager to approve a contract in the amount of $73,015 for PumpMan to replace two storm drain pumps at the N Street railroad underpass.
Background:
The N Street railroad underpass was designed with two storm drain pumps that are intended to pump water that accumulates at the low point in the street to a higher elevation point into the City's storm drain system. These pumps are located at the railroad elevation and pump water from a containment vault below the street gutter area and are designed to operate automatically using a float system to automatically turn the pumps on and off as needed.
Issues/Analysis:
During the recent rain events in December, the Public Works staff became aware that both storm drain pumps on N Street were not functioning. After some internal review of the pumps by the City's in-house electrician, it was determined both storm drain pumps were burned out and needed to be replaced. Public Works attempted to obtain quotes from multiple pump vendors over a 30-day period, but only one vendor would provide a quote based on the scope required to remove the old pumps and install new pumps. The total cost to remove the two existing pumps and install two new pumps from PumpMan was $73,015. The procurement of the pump was estimated at 6 to 8 weeks and PumpMan would not start the procurement without a purchase order. However, due to timing issues with adding a staff report Council agenda, staff requested the City Manager use his emergency authority under Municpal Code Section 3.08.130 (A) to approve a contract with PumpMan immediately so the procurement process could begin right away and then staff would bring the notification of the emergency contract to Council at a future
meeting.
Please note Public Works staff was able to successfully mitigate the storm water that eventually ponded at the bottom of N Street by using a rental portable pump/generator and staff will continue to use this methodology until the new pumps have been installed. Public Works staff will also make sure that a proper maintenance program is implemented to routinely inspect and operate each pump to ensure they are ready for operation when needed.
Fiscal Impacts:
Sufficient appropriations for the new storm drain pumps in the amount of $73,015 are available in the adopted FY2025-26 budget in Storm Drain Fund Capital Improvement account number 722-6150-8215-3890-0000-000.
Alternatives:
Provide alternative solution.
Attachments:
1. PumpMan Contract and PO
Item: 7.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - Colton Avenue Bike Path Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the Colton Avenue Class I Bike Path Improvement Project.
Recommended Action:
Staff recommend that the City Council approve the execution and recordation of the Notice of Completion for the Colton Avenue Class I Bike Path Improvement Project completed by All American Building Services Inc.
Background:
The project includes upgrades to an existing Class I bike path along Colton Avenue, extending from the intersection of 10th Street and ‘G’ Street to the city’s northeastern boundary.
Improvements include, but are not limited to, installation of current-standard bike trail striping and signage, ADA-compliant ramps, concrete sidewalk repairs, landscaping and irrigation system upgrades, Asphalt Concrete (AC) paving, traffic signage, and pavement striping and markings. Currently, the path is heavily used by pedestrians and cyclists and serves as a safe and important route for walking and cycling throughout the city.
Issues/Analysis:
On March 18, 2025, the City Council awarded a construction contract to All American Building Services Inc for the Colton Avenue Class I Bike Path Improvement Project in the amount of $650,700.75. On July 28th, 2025, the project incurred a change order in the amount of $10,168.92 making the total cost for the project $660,869.67 and ready for a formal close out.
Fiscal Impacts:
There is no additional fiscal impact related to filing the Notice of Completion for the project. The Colton Avenue Class I Bike Path Improvement Project was funded as follows:
Funding Source Account No. All American Building Services, Inc.
Contract
Miscellaneous Grant Fund 225-6200-6235-3890-
0000-000
$481,316.76
Host City Fee Fund 240-6235-6150-3890-
0000-000
$169,383.99
Host City Fee Fund
(Change Order #1)
240-6235-6150-3890-
0000-000
$ 10,168.92
Total $660,869.67
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Exhibit A- Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is CITY OF COLTON
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on OCTOBER 26, 2025
8. The name of the original contractor, if any, for the work of improvement was ALL AMERICAN BUILDING SERVICES INC. The kind of work done or material furnished was the COLTON AVENUE BIKE PATH.
9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: COLTON AVENUE CLASS I BIKE
PATH IMPROVEMENT PROJECT
The street address of the said property is various (APN is not applicable) APN-None Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at _______Colton_________, California, this _____________ day of ___________, 2026. ____________________________________
Victor Ortiz, P.E., City Engineer, City of Colton
Item: 8.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Professional On-Call Inspection Services Contract - Approve Contract Amendment for Z&K Consultants, Inc. for $140,000 for On-Call Inspection Services for Fiscal Year 2025-26.
Recommended Action:
Staff recommends the City Council take the following actions:
1. Approve a $90,000 contract amendment for a total aggregate amount of $140,000 with Z&K Consultants, Inc. for on-call inspection services.
Background:
The City of Colton utilizes a full-time internal Public Works and Utilities Inspector to monitor ongoing encroachment permit construction activities and street pavement projects. Recently, the Public Works and Utilities Inspector retired during the Christmas break and Public Works immediately initiated a recruitment process with Human Resources which is anticipated to take 3 to 4 months to complete. However, Public Works still has an immediate need for a full-time inspector to monitor ongoing construction work. Therefore, Public Works elected to reach out to three on-call inspection companies that were vetted through a request for qualifications (RFQ) review process in November 2025 and then authorized as approved on-call vendors by City Council in December 2025. The Public Works director met with multiple candidates from three companies and ultimately selected a candidate from Z&K Consultants, Inc. to provide full-time on-call inspection services until the City can fill the role with a permanent employee. In January 2026, a limited contract in the amount of $50,000 was approved under the City Manager's signature authority for fiscal year 2025-26 (see attached contract).
Issues/Analysis:
The need to have an experienced and always available inspector overseeing and monitoring public and private contractors is a critical resource needed to support the ongoing construction
activities in Colton. The original contract authorization by the City Manager in the amount of $50,000 is not sufficient to cover the monthly costs of the on-call inspection service through June 2026. Therefore, staff is now recommending to increase the contract amount for Z&K Consultants, Inc. for on-call inspection services from $50,000 to $140,000 for the remainder of fiscal year 2025-26. This is not a lump sum contract and actual expenditures will be billed on an as-needed basis only. The executed contract also allows the City to extend the agreement if Public Works is unable to initially fill the full-time position with a qualified candidate or if additional inspection services become necessary. If the contract is anticipated to be extended into fiscal year 2026-27, then Public Works will include funding in the fiscal year 2026-27 budget approval request.
Fiscal Impacts:
There are sufficient appropriations available in the FY2025-26 adopted budget in the following accounts:
Department Account Original
Contract
Proposed
Contract
Amendment
Total Contract
Water Utility 521-8100-8101-
2350-0000-000
$15,000 $15,000 $30,000
Sewer Utility 522-8200-8200-
2350-0000-000
$10,000 $15,000 $25,000
Public Works 100-6150-6151-
2350-0000-000
$25,000 $60,000 $85,000
Total
$50,000 $90,000 $140,000
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Z&K Consultants Professional Services Agreement - PW Inspector_Executed
Item: 9.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Thomas Welch, Economic Development Manager Item Name: Purchase and Sale Agreement - 910 Hert Street - Approve the Sale of 910 Hert Street Colton, CA 92324 to GL & GL Enterprises for the Purpose of Multi-Family Housing Development, Resolution No. R-08-26.
Recommended Action:
1. Adopt Resolution No. R-08-26, approving the purchase and sale agreement between the City of Colton and GL & GL Enterprises LLC for the sale of approximately 0.35 acre lot: Fee Simple located at 910 Hert Street Colton, CA 92324. The County of San Bernardino is in the process of assigning an APN to the lot. The appraised value for the property is $114,000. GL & GL Enterprises LLC has agreed to purchase properties from the City of Colton for the price of $114,000.
2. Authorize the City Manager to sign the Purchase Agreement and other related documents.
Background:
GL & GL Enterprises LLC is the owner and developer of 300 W Congress Street Colton, CA 92324 which is currently undergoing redevelopment into a multi-family housing project. This lot is adjacent to 910 Hert Street Colton, CA 92324. GL & GL Enterprises LLC reached out to the City of Colton to acquire the adjacent vacant land at 910 Hert Street Colton, CA 92324 in order to build additional housing units for their multi-family housing development.
Issues/Analysis:
The City of Colton has agreed to sell the vacant land to GL & GL Enterprises LLC for redevelopment into multi-family housing. The buyer owns an adjacent piece of land that is currently under redevelopment into multi-family housing. The purchase price for the lot is deemed fair market rate value. Considering the land was public right-of way and the City of Colton has no intended use for the land, staff believes it would be advantageous to sale the proposed land to create one congruent site for development.
Fiscal Impacts:
The proposed sale of the City-owned parcel at 910 Hert Street will generate a one-time General Fund $114,000 revenue receipt to the Sale of City Property Account No. 100-7801-000.
Upon transfer to private ownership and development into multi-family housing, the property will be placed onto the County tax roll for the first time, resulting in ongoing annual property tax revenue to the City. The project is also anticipated to generate additional long-term fiscal benefits through utility service revenue, development impact fees, and indirect economic activity.
There is no ongoing maintenance or operational cost to the City associated with this parcel in its current condition, and the transaction converts a non-performing City asset into both immediate and recurring fiscal benefit to the General Fund.
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Resolution 08-26
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RESOLUTION NO. R-08-26
A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF COLTON TO APPROVE
THE CITY OF COLTON TO ENTER INTO A PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF COLTON AND GL & GL ENTERPRISES LLC FOR THE SALE OF APPROXIMATELY 15,198.68 SQUARE FEET OF LAND
WHEREAS, the Budget for the City of Colton for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026 was approved and adopted: and
WHEREAS, the approved budget is in accordance with all applicable ordinances of the Cit of Colton and all applicable statutes of the State; and
NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:
Section 1. Approval of Resolution 08-26 will:
1. Amend FY 2025/26 Budget to increase revenues in [insert account number] by $114,000
2. Grant the City Manager approval to enter into a purchase and sale agreement between the GL & GL Enterprises LLC (Buyer) and the City of Colton (Seller) for the sale of the following property for $114,000: 910 Hert Street Colton, CA 92324; APN to be assigned.
Section 2. The Resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2026.
________________________________
FRANK J. NAVARRO, Mayor
ATTEST:
STEPHANIE VARGAS, Deputy City Clerk
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Item: 10.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Purchase - National Auto Fleet Group - Approve the Purchase of One (1) New 2025 Ford F-150 Pickup Truck for the Electric Utility Department through Sourcewell Contract No. 091521-NAF, in an Amount Not to Exceed $79,000.
Recommended Action:
Approve the purchase of one (1) new 2025 Ford F-150 pickup truck, in accordance with Colton Municipal Code (CMC) section 3.08.140(C), for the Electric Utility Department through Sourcewell Contract No. 091521-NAF, in an amount not to exceed $79,000, which includes a contingency of up to ten percent (10%) to address market variability, delivery-related cost adjustments, and minor upfitting or accessory installation necessary to support Electric Utility field operations, and authorize the City Manager or designee to execute all necessary purchasing documents.
Background:
Fleet vehicles assigned to the Colton Electric Utility (CEU) are essential assets that support daily field operations, system inspections, supervisory response, outage coordination, and emergency restoration activities.
The pickup truck proposed for replacement was placed into service in 2011 and far exceeded its anticipated useful service life. Over the course of sustained daily use, the vehicle has experienced normal lifecycle deterioration consistent with extended field deployment. As the vehicle has aged, reliability has declined and maintenance exposure has increased, resulting in reduced availability and limitations in supporting current operational demands.
Continued reliance on a fleet asset that no longer meets the needs of the Department and has surpassed its service life presents increasing operational risk, elevated lifecycle costs, and reduced reliability during routine work and emergency response situations. For a municipal electric utility operating on a 24-hour, seven-day-a-week service model, dependable fleet
availability is critical to maintaining system reliability and public safety.
Replacement of this vehicle is consistent with CEU's fleet replacement strategy and asset management planning practices.
Issues/Analysis:
The proposed purchase will be made in accordance with CMC 3.08.140(C), using Sourcewell Contract No. 091521-NAF, which was competitively solicited at the national level and satisfies California public procurement requirements Sourcewell Contract No. 091521-NAF. Use of the Sourcewell contract:
• Ensures competitively established pricing.
• Reduces procurement lead time.
• Minimizes administrative burden.
• Provides pricing stability in a volatile fleet market environment.
The replacement pickup truck will be delivered as a turnkey unit configured to support the Electric Utility Department’s operational requirements. Final configuration and minor accessory installation may be necessary upon delivery to ensure compatibility with departmental equipment and field use conditions. The requested contingency allows flexibility to address minor upfitting, delivery-related adjustments, and potential market variability.
Approval of the purchase of one (1) pickup truck, including a reasonable contingency allowance, represents a prudent and necessary investment in the Electric Utility Department’s fleet replacement program. Replacing a vehicle that has been in service since 2011 will reduce operational risk, improve reliability, and ensure that supervisory and field personnel are equipped to safely and effectively support daily utility operations, outage response, and emergency restoration activities.
Procurement through the Sourcewell cooperative contract is consistent with Colton Municipal Code Section 3.08.140, which authorizes the City to utilize competitively awarded cooperative purchasing agreements in lieu of conducting a separate formal bid process when determined to be in the City’s best interest. Staff finds that acquisition under this contract satisfies competitive bidding requirements and represents the most efficient and fiscally responsible procurement method available.
Fiscal Impacts:
Sufficient appropriations are available in the adopted FY2025-26 budget in Electric Utility Fund Substation Division Automobile Capital Outlay Account Number 520-8000-8003-4910-0101- 000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Sourcewell Quote 31055-DA
Quote ID #
Stock #
Dear
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration:
delivered to your specified location, each for
(1) MSRP (1) One Unit Total % Total Savings
Contract Price 66,030.00$ 65,330.00$ 1.060% 700.00$ Tax: 8.750% 5,716.38$
Tire Fee 8.75$
Transportation 750.00$
Total 71,805.13$
-per the attached specifications.
This vehicle(s) is avaialble under the Sourcewell Contract 091521-NAF. Please reference this contract number on all purchase orders to National Auto Fleet Group.
Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call or email.
Sincerely,
Jesse Cooper
National Fleet Manager
Office (855) 289-6572
Colton, CA 92324
Ms. Jessica Sutorus,
One (1) New/Unused (2025 Ford F-150 (W3L) XLT 4WD SuperCrew 5.5' Box 145" WB, ) 2/9/2026 31055-DA
Ms. Jessica Sutorus FT25276
City of Colton Electric Utility
650 N. La Cadena Drive
Purchase Order Instructions & Resources
Once units are scheduled by OEM, no cancellations are accepted
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
Vehicle Configuration Options
ENGINE
Code Description
99D Engine: 3.5L PowerBoost Full-Hybrid V6, -inc: Pro Power Onboard 2.4KW and removes 36 gallon fuel tank, GVWR: 7,400 lbs Payload Package, Electronic Locking w/3.73 Axle Ratio
TRANSMISSION
Code Description
44H Transmission: Hybrid Electronic 10-Speed Automatic
WHEELS
Code Description
___ Wheels: 20" Gloss Black Painted Aluminum, -inc: Tires: 275/60R20 BSW A/T TIRES
Code Description
T24 Tires: 275/60R20 BSW A/T
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
FB Black, Unique Sport Cloth 40/Console/40 Front-Seats, -inc: power driver/manual passenger lumbar, flow-through console w/floor shift and two (2) USB charge only ports
AXLE RATIO
Code Description
XL6 Electronic Locking w/3.73 Axle Ratio
ADDITIONAL EQUIPMENT
Code Description
53T Tow/Haul Package, -inc: Integrated Trailer Brake Controller 50M Mobile Office Package, -inc: Partitioned Lockable Rear Storage, Console Worksurface 55A
FX4 Off-Road Package, -inc: rock crawl mode, Tray Style Floor Liner w/o Carpet Mats, Off- Road Tuned Front Shock Absorbers, Skid Plates, fuel tank, transfer case and front differential, Monotube Rear Shocks, 4x4 FX4 Off-Road Bodyside Decal, Hill Descent Control
19P
XLT Black Appearance Package Plus, -inc: Black Grille, Gray Box Side Decal, Black Exterior Badging, 6" Black Running Boards, Wheels: 20" Gloss Black Painted Aluminum, Tires: 275/60R20 BSW A/T, Body-Color Front & Rear Bumpers, Dual Exhaust w/Black Tips, Dark Interior Appliques, Floor Shifter
67T Integrated Trailer Brake Controller
___ GVWR: 7,400 lbs Payload Package
153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others
___ Engine: 3.5L PowerBoost Full-Hybrid V6 savings
___ Equipment Group 302A Mid savings
OPTION PACKAGE
Code Description
302A
Equipment Group 302A Mid, Message and data rates may apply, Black Painted Grille w/Chrome Center Bar, coast to coast black mesh, Intelligent Access w/Push Button Start, approach detection, 400W Cab & Bed Outlets, Dual-Zone Electronic Automatic Temperature Control, (DEATC), Power-Sliding Rear Window, Remote Start System w/Remote Tailgate Release, Heated Front Seats, 6" Angular Bright Anodized Step Bar, Ford Co-Pilot360 Assist 2.0, AEB oncoming, 360 Degree Camera, Evasive Steering Assist, Front Parking Sensors, Driver State Detection, Adaptive Cruise Control w/Stop & Go, lane centering and predictive speed assist, Towing Technology, pro trailer back up assist and pro trailer hitch assist, Chrome Single-Tip Exhaust, Power Glass Heated Sideview Mirrors, manual folding, turn signals, high-intensity LED security approach lamps, LED sideview mirror spotlights and chrome skull caps, Auto-Dimming Rearview Mirror
2025 Ford F-150 XLT 4WD SuperCrew 5.5' Box 145" WB
CODE MSRP
W3L $51,915.00
99D $3,560.00
44H $0.00
___ INC
T24 INC
YZ $0.00
FB $0.00
XL6 INC
53T $500.00
50M $780.00
55A $1,320.00
19P $1,820.00
67T INC
___ INC
153 $0.00
___ ($1,900.00)
___ ($2,000.00)
302A $7,440.00
2025 Fleet/Non-Retail Ford F-150 XLT 4WD SuperCrew 5.5' Box 145" WB
WINDOW STICKER
MODEL
2025 Ford F-150 XLT 4WD SuperCrew 5.5' Box 145" WB
OPTIONS
Engine: 3.5L PowerBoost Full-Hybrid V6, -inc: Pro Power Onboard 2.4KW and removes 36 gallon fuel tank, GVWR: 7,400 lbs Payload Package, Electronic Locking w/3.73 Axle Ratio Transmission: Hybrid Electronic 10-Speed Automatic
Wheels: 20" Gloss Black Painted Aluminum, -inc: Tires: 275/60R20 BSW A/T Tires: 275/60R20 BSW A/T
Oxford White
Black, Unique Sport Cloth 40/Console/40 Front-Seats, -inc: power driver/manual passenger lumbar, flow-through console w/floor shift and two (2) USB charge only ports Electronic Locking w/3.73 Axle Ratio
Tow/Haul Package, -inc: Integrated Trailer Brake Controller Mobile Office Package, -inc: Partitioned Lockable Rear Storage, Console Worksurface FX4 Off-Road Package, -inc: rock crawl mode, Tray Style Floor Liner w/o Carpet Mats, Off-Road Tuned Front Shock Absorbers, Skid Plates, fuel tank, transfer case and front differential, Monotube Rear Shocks, 4x4 FX4 Off-Road Bodyside Decal, Hill Descent Control XLT Black Appearance Package Plus, -inc: Black Grille, Gray Box Side Decal, Black Exterior Badging, 6" Black Running Boards, Wheels: 20" Gloss Black Painted Aluminum, Tires: 275/60R20 BSW A/T, Body-Color Front & Rear Bumpers, Dual Exhaust w/Black Tips, Dark Interior Appliques, Floor Shifter
Integrated Trailer Brake Controller
GVWR: 7,400 lbs Payload Package
Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others Engine: 3.5L PowerBoost Full-Hybrid V6 savings
Equipment Group 302A Mid savings
Equipment Group 302A Mid, Message and data rates may apply, Black Painted Grille w/Chrome Center Bar, coast to coast black mesh, Intelligent Access w/Push Button Start, approach detection, 400W Cab & Bed Outlets, Dual-Zone Electronic Automatic Temperature Control, (DEATC), Power- Sliding Rear Window, Remote Start System w/Remote Tailgate Release, Heated Front Seats, 6" Angular Bright Anodized Step Bar, Ford Co-Pilot360 Assist 2.0, AEB oncoming, 360 Degree Camera, Evasive Steering Assist, Front Parking Sensors, Driver State Detection, Adaptive Cruise Control w/Stop & Go, lane centering and predictive speed assist, Towing Technology, pro trailer back up assist and pro trailer hitch assist, Chrome Single-Tip Exhaust, Power Glass Heated Sideview Mirrors, manual folding, turn signals, high-intensity LED security approach lamps, LED sideview mirror spotlights and chrome skull caps, Auto-Dimming Rearview Mirror Please note selected options override standard equipment
$63,435.00
$0.00
$2,595.00
$66,030.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
Standard Equipment
MECHANICAL
Engine: 2.7L V6 EcoBoost -inc: auto start-stop technology (STD) Transmission: Electronic 10-Speed Automatic -inc: SelectShift w/progressive range select and selectable drive modes: normal, ECO, sport, tow/haul, slippery, deep snow/sand and mud/rut (STD)
3.55 Axle Ratio (STD)
EXTERIOR
Wheels: 18" Painted Aluminum (STD)
Tires: 275/65R18 BSW A/T (STD)
ADDITIONAL EQUIPMENT
50 State Emissions System
Transmission w/Driver Selectable Mode
Electronic Transfer Case
Part-Time Four-Wheel Drive
200 Amp Alternator
70-Amp/Hr 760CCA Maintenance-Free Battery w/Run Down Protection Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
1650# Maximum Payload
GVWR: 6,650 lbs Payload Package
HD Gas-Pressurized Shock Absorbers
Front Anti-Roll Bar
Electric Power-Assist Steering
Single Stainless Steel Exhaust
36 Gal. Fuel Tank
Auto Locking Hubs
Double Wishbone Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Regular Box Style
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Chrome Rear Step Bumper
Chrome Front Bumper w/Body-Colored Rub Strip/Fascia Accent and 2 Tow Hooks
Black Side Windows Trim
Black Door Handles
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Defroster
Variable Intermittent Wipers
Deep Tinted Glass
Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Integrated Storage
Ford Co-Pilot360 - Autolamp Auto On/Off Reflector Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light
Perimeter/Approach Lights
Headlights-Automatic Highbeams
Front Fog Lamps
Cornering Lights
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls, Voice Activation, Radio Data System and External Memory Control Radio: AM/FM Stereo w/SiriusXM 360L -inc: 6 speakers and auxiliary audio input jack, Note: includes a three (3)-month prepaid subscription, Service is not available in Alaska and Hawaii, Note: all SiriusXM services require a subscription, sold separately by SiriusXM after the trial period, Your SiriusXM service will automatically stop at the end of your trial unless you decide to subscribe, If you decide to continue service, the subscription plan chosen will automatically renew and be charged according to your chosen payment method at the then-current rates, Fees and taxes apply, See the SiriusXM customer agreement & privacy policy at http://www.siriusxm.com/ www.siriusxm.com for full terms and how to cancel, which includes online methods or calling 1-866-635-2349, Available in the 48 contiguous United States, D.C, and Puerto Rico (w/coverage limits and capable receiver), Visit http://www.siriusxm.com/FAQS for most current service area information, Availability of some services and features is subject to device capabilities and location restrictions, All fees, content and features are subject to change, SiriusXM, Pandora and all related logos are trademarks of Sirius XM Radio Inc, and its respective subsidiaries
Streaming Audio
Fixed Antenna
6 Speakers
2 LCD Monitors In The Front
Cloth 40/20/40 Front Seat -inc: 2-way manual driver/passenger and armrest Front Seats w/Cloth Back Material and Manual Driver Lumbar 2-Way Driver Seat -inc: Manual Lumbar Support
Passenger Seat
60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Trip Odometer and Trip Computer Power Rear Windows
FordPass Connect 5G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
HVAC -inc: Underseat Ducts
Locking Glove Box
Full Cloth Headliner
Urethane Gear Shifter Material
Interior Trim -inc: Metal-Look Instrument Panel Insert, Cabback Insulator and Chrome/Metal-Look Interior Accents
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage and 1 12V DC Power Outlet Fade-To-Off Interior Lighting
Front And Rear Map Lights
Full Carpet Floor Covering -inc: Carpet Front And Rear Floor Mats Cab Mounted Cargo Lights
Smart Device Remote Engine Start
SYNC 4 w/Enhanced Voice Recognition -inc: 12" LCD capacitive touchscreen w/swipe capability, wireless phone connection, cloud connected, AppLink w/App catalog, 911 Assist, Apple CarPlay and Android Auto compatibility, digital owners manual and conversational voice command recognition Instrument Panel Bin, Dashboard Storage, Interior Concealed Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Front Center Armrest
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints 2 Seatback Storage Pockets
Perimeter Alarm
Securilock Anti-Theft Ignition (pats) Immobilizer
Air Filtration
1 12V DC Power Outlet
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Rear Parking Sensors
BLIS (Blind Spot Information System) Blind Spot
PCA with AEB and Intersection Assist
Cross-Traffic Alert with Reverse Brake Assist
Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Driver Monitoring-Alert
Evasion Assist
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Airbag Occupancy Sensor
Safety Canopy System Curtain 1st And 2nd Row Airbags
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Rear Child Safety Locks
Reverse Camera Back-Up Camera
Item: 11.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Utility Relocation Agreement - AT&T - Approve a Utility Relocation Agreement with AT&T for the Barton Road Bridge Removal and Road Construction Project.
Recommended Action:
Staff recommend that the City Council approve the Utility Relocation Agreements with AT&T for Barton Road Bridge Removal and Road Construction Project and authorize the City Manager to execute the agreement.
Background:
Barton Road Bridge is located between Interstate 215 and La Cadena Drive and extends over the Union Pacific (UP) railroad right of way. Barton Road bridge is currently rated as “structurally deficient” by the California Department of Transportation (Caltrans) and in need of repairs or replacement. Since the tracks were abandoned and removed by Union Pacific Railroad Company (UPRR), it will be cost effective to remove the bridge and construct a new road. The new road will be a two-lane road with bike lane and sidewalk. A joint approach to the Barton Road Bridge Replacement Project (“Project”) has been undertaken by the City of Colton and City of Grand Terrace since the physical location of the Barton Road Bridge lies within the city boundaries of both cities.
On July 12, 2017, the City received the Administering Agency-State Agreement and the Program Supplement Agreement (Preliminary Engineering Phase - Environmental and Design) for the Barton Road Bridge Removal and Road Construction Project. The Administering Agency-State Agreement identifies the State and the Local Agency’s role and responsibility on the Project.
The Program Supplement Agreement identifies the funding commitment and responsibility for the State and Local Agency. The Project will receive a total of $3,153,863 from Federal Fund - Highway Bridge Program (HBP). The local match required is $408,617 (11.47%) and will be shared equally by Colton and Grand Terrace. A Cooperative Agreement for the Project between the City of Colton and the City of Grand Terrace was approved by the City Council on September 5, 2017. The Cooperative Agreement identifies the funding commitment, and the
tasks, role and responsibilities for the development and construction of the Project. The City of Colton is the Lead Agency for the Project.
Issues/Analysis:
On July 6, 2022, the City received authorization from Caltrans to proceed with the right of way phase for the project. As part of the right-of-way phase process, utilities that conflict with the project improvement need to be removed and/or relocated. There are number of utilities identified within the vicinity of the project area including lines for AT&T, SCE, Colton Water/Sewer/Electric, Gas Company, Elsinore Valley Municipal Water District (EVMWD), Riverside Highland Water Company, HP Communications, City of Riverside Water/Sewer, and various communication and cable companies.
AT&T owns overhead communication lines within the project area. As required for the utility relocation process, the City informed AT&T that their line conflicts with the project’s proposed improvements. As part of the process, AT&T prepared plans for the relocation and needed to enter into a utility relocation agreement with the City for compensation for the cost of relocation.
The cost of relocating AT&T’s communication line is $90,956.05. The utility relocation agreement (see attached) has been reviewed and approved by Caltrans right-of-way staff for conformity with federal funding requirements. Also attached is the AT&T relocation plan.
Fiscal Impacts:
The total for both utility agreements with AT&T is $90,956.05. Sufficient appropriations for the Barton Bridge Removal and Road Construction Project are available in the adopted FY2025-26 budget in the following accounts:
Funding Source Account No. AT&T Utility
Agreement Cost
Misc. Grant Fund (Highway Bridge
Program)
225-1803-6987-3890-0000-000 $80,523.39
Traffic Impact Fee Fund (Colton Local
Match)
249-1803-6900-3890-0000-000 $5,216.33
Capital Projects Fund (Grand Terrace Local
Match)
450-1803-6986-3890-0000-000 $5,216.33
Total $90,956.05
Alternatives:
1. Provide alternative directions to staff.
Attachments:
1. Utility Relocation Agreement with AT&T
2. AT&T Relocation Plan
City of Colton
UTILITY AGREEMENT
County
Route
P.M.
Pr oject #
San Bernardino Barton Road N/A 0812000141L-N
Fed. Aid. No. BRLS -5065(024)
Own er's File No. LB (17) A029KE0 L1 & L2
FEDERAL PARTICIPATION: On the Project : Yes
On the Utilities: Yes
UTILITY AGREEMENT NO. ATT-0102
The City of Colton hereinafter called "LOCAL AGENCY" proposes the Barton Road Bridge Removal and Road Construction Project on Barton Road Street, in the city of Colton and city of Grand Terrace, San Bernardino County, California.
And: AT&T
hereinafter called "OWNER," owns and maintains tele communication facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with Notice to Owner No. AT&T-0102 da ted December 2,2025, OWNER shall relocate telecommunication facilities. All work sha ll be performed substantially in accordance with OWNER's Plan No. LB (17) A029KE0 L1 & LB (17) A029KE0 L2 dated 7/12/22 & 03/31/23, consisting of 3 sheets, a copy of which is on file in the Office of the LOCAL AGENCY at 650 N La Cadena Drive, Colton, CA.
Deviations from the OWNER’s plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGE NCY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER’s plan described above and are hereby made a part hereof. No work under said devia tion shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.
II. LIABILITY FOR WORK :
Existing facilities are located in their present po sition pursuant to rights superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense.
Utility Agreement No. AT&T-0102
III. PERFORMANCE OF WORK :
OWNER agrees to perform the herein-described work w ith its own forces or to cause the herein described work to be performed by the OWNER's contr actor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion.
OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid comp etitive bidding procedure, and to furnish or cause to be furnished all necessary labor, material s, tools, and equipment required therefore, and to prosecute said work diligently to completion.
Use of personnel requiring lodging and meal “per di em” expenses will not be allowed without prior written authorization by LOCAL AGENCY’s representative. Requests for such authorization must be contained in OWNER’s estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contra ct labor is not considered adequate for the relocation work proposed. Per Diem expenses shall n ot exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines.
Work performed by OWNER’s contractor is a public wo rk under the definition of Labor Code Section 1720(a) and is therefore subject to prevail ing wage requirements; but, work performed directly by Owner’s employees falls within the exce ption of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.
OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.
Engineering services for preparation of plans, spec ifications, estimates, supervision, inspection, are to be furnished by the Utility Owner and approved by the LOCAL AGENCY. Cost principles for determining the reasonableness and allowability of OWNER’s costs shall be determined in accordance with 48 CFR, Chapter 1, Subpart E, Part 31; 23 CFR, Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as applicable.
IV. PAYMENT FOR WORK:
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemiz ed bill, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable.
It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER’s facilities in the new locati on and that OWNER shall give credit to the LOCAL AGENCY for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER’s recorded costs as of the billing date less estimated credits applicable to completed work.
Utility Agreement No. AT&T-0102
Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement h as been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the LOCAL AG ENCY within 180/360 days after the completion of the work described in Section I above . If the STATE has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days.
OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the LOCAL AGENCY processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission.
The final billing shall be in the form of an itemiz ed statement of the total costs charged to the project, less the credits provided for in this Agre ement, and less any amounts covered by progress billings. However, the LOCAL AGENCY shall not pay final bills, which exceed the estimated cost of this Agreement without documentation of the reas on for the increase of said cost from the OWNER and approval of documentation by LOCAL AGENCY . Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNERS final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of LOCAL AGENCY.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit in accordance with Contract Cost Principals and Procedures as set fort h in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 an d 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unal lowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.
V. GENERALCONDITIONS:
All costs accrued by OWNER as a result of LOCAL AGENCY's request of December 20, 2021 to review, study and/or prepare relocation plans and e stimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.
Utility Agreement No. AT&T-0102
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGE NCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate th is Agreement by Amendment. The Amendment shall provide mutually acceptable terms a nd conditions for terminating the Agreement.
All obligations of LOCAL AGENCY under the terms of this Agreement are subject to the acceptance of the Agreement by LOCAL AGENCY’s Board of Directors or the Delegated Authority (as applicable), the passage of the annua l Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission.
OWNER shall submit a Notice of Completion to the LO CAL AGENCY within 30 days of the completion of the work described herein.
It is understood that said project is a Federal aid project and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in Moving Ahe ad for Progress in the 21st Century (MAP- 21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (includin g the application of coatings) installed on a project receiving funding from the FHWA.
Owner understands and acknowledges that this projec t is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulat ions, including 23 CFR 635.410 and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall use only such produ cts for which it has received a certification from its supplier, or provider of construction serv ices that procures the product certifying BA compliance. This does not include products for whic h waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department’s guidelines for the implementation of BA requirements for utility relocations issued on December 3, 2013.
LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guid ance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwith standing any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreeme nt for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.
The estimated cost to LOCAL AGENCY for the above-described work is $90,956.05.
Signatures on Following Page
BARTON RD.
GRAND TERRACE RD
SUBWAY INSPECTOR:
U.G. DESIGN ENGINEER:
EXCHANGE ENGINEER:
CONTRACTOR :
Californiaat&t
FORKERT ENGINEERING & SURVEYING, INC.
22311 BROOKHURST ST, STE 203
HUNTINGTON BEACH, CA 92646
714-963-6793JN 10385A
REVISIONSDATE COLTON EXCHANGE
CONDUIT CONSTRUCTION
LB(17) A029KE0 L1
1 OF 2
COLTON C.O. AREA
CURVE DATA
EXCAVATION DATA
4. ALL TRAFFIC CONTROL TO BE IN ACCORDANCE WITH
RECORDS NOTE: TIES OF EXISTING PLANT SHOWN HEREON
CORRECT PERMANENT RECORDS.
THE WORK AREA TRAFFIC CONTROL HANDBOOK.
REFLECT ACTUAL CONDITIONS FOUND DURING FIELDING.
THE CALTRANS MANUAL OF TRAFFIC CONTROLS AND
2. ALL SUBSTRUCTURE INFORMATION SHOWN WAS TAKEN
1. MINIMUM COVER FOR STRUCTURE 30" BELOW GUTTER
U.G. SERVICE ALERT 1-(800) 227-2600
FLOWLINE OR 36" BELOW EXISTING GRADE WHICHEVER
FROM RECORDS AVAILABLE AND IS APPROXIMATE.
VERIFY, LOCATE AND PROTECT AS REQUIRED.
3. BEFORE EXCAVATING CALL:
IS GREATER.
THIS PROJECT REQUIRES EXCAVATION. CONSTRUCTION WILL
UTILIZE AND IMPLEMENT ALL BEST MANAGEMENT PRACTICES
(BMP'S) AS REQUIRED TO ENSURE COMPLIANCE WITH SBC
(dba AT&T) POLICY LETTER ISSUED FEBRUARY 21, 2003 BY
ENVIRONMENTAL MANAGEMENT CONCERNING STORM WATER
PERMITTING AND STORM WATER POLLUTION PREVENTION
PLANS (SWPPPS) AND IN ACCORDANCE WITH THE CLEAN
WATER ACT (1965) AND EPA REGULATIONS PUBLISHED IN
1990 AS MODIFIED BY THE PHASE II RULE IN 1999.
5. CONSTRUCTION NOTES
N
03/26/24
SUBWAY INSPECTOR:U.G. DESIGN ENGINEER:EXCHANGE ENGINEER:CONTRACTOR :Californiaat&t FORKERT ENGINEERING & SURVEYING, INC.22311 BROOKHURST ST, STE 203HUNTINGTON BEACH, CA 92646714-963-6793JN 10385A REVISIONSDATE COLTON EXCHANGECONDUIT CONSTRUCTIONLB(17) A029KE0 L12 OF 2 COLTON C.O. AREA
PROFILE
CONSTRUCTION NOTES
Item: 12.
Staff Report
Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stephanie Vargas, Chief Deputy City Clerk
Item Name: Second Reading of Ordinance No. O-05-26 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, to Amend the City’s Official Zoning Map Changing Zoning of Certain Property and Amending the Text of Certain Sections of Title 18 (Zoning Code), Sections 18.06.060 (Uses Permitted in Each Zone) of Chapter 18.06 (Zoning Districts and Maps) Chapter 18.16 (R-3 and R-4 Multiple-Family Residential) Zone, Chapter 18.23 (Mixed-Use Downtown) Zone, and Chapter 18.58 (Administration) in Compliance with General Plan Housing Element Programming, and Adopting Environmental Findings of Fact Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, Certifying the Final Environmental Impact Report (SCH # 2025010520), and Adopting a Mitigation Monitoring and Reporting Program (File No. DAP- 001-744), Ordinance No. O-05-26.
Recommended Action:
It is recommended that the City Council approves the second reading of AN ORDINANCE OF THE CITY OF COLTON, CALIFORNIA TO AMEND THE CITY’S OFFICIAL ZONING
MAP CHANGING ZONING OF CERTAIN PROPERTY AND AMENDING THE TEXT OF CERTAIN SECTIONS OF TITLE 18 (ZONING CODE), SECTIONS 18.06.060 (USES PERMITTED IN EACH ZONE) OF CHAPTER 18.06 (ZONING DISTRICTS AND MAPS) CHAPTER 18.16 (R-3 AND R-4 MULTIPLE-FAMILY RESIDENTIAL) ZONE, CHAPTER
18.23 (MIXED-USE DOWNTOWN) ZONE, AND CHAPTER 18.58 (ADMINISTRATION) IN
COMPLIANCE WITH GENERAL PLAN HOUSING ELEMENT PROGRAMMING, AND
ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2025010520), AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (FILE NO. DAP-001-744).
Background:
Issues/Analysis:
Fiscal Impacts:
Alternatives:
Attachments:
1. Ordinance No. O-05-26
2. Exhibits B-1 B-2 and B-3 of O-05-26
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3 4
5 6
7 8
9 10
11 12
13 14
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25 26
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- 1 -
ORDINANCE NO. O-05-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON
TO AMEND THE CITY’S OFFICIAL ZONING MAP CHANGING
ZONING OF CERTAIN PROPERTY AND AMENDING THE TEXT OF
CERTAIN SECTIONS OF TITLE 18 (ZONING CODE), SECTIONS
18.06.060 (USES PERMITTED IN EACH ZONE) OF CHAPTER 18.06 (ZONING DISTRICTS AND MAPS) CHAPTER 18.16 (R-3 AND R-4
MULTIPLE-FAMILY RESIDENTIAL) ZONE, CHAPTER 18.23 (MIXED- USE DOWNTOWN) ZONE, AND CHAPTER 18.58 (ADMINISTRATION)
IN COMPLIANCE WITH GENERAL PLAN HOUSING ELEMENT
PROGRAMMING, AND ADOPTING ENVIRONMENTAL FINDINGS OF
FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (SCH # 2025010520), AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (FILE NO. DAP-001-744)
WHEREAS, on January 4, 2022, the General Plan 2021-2029 6 th Cycle Housing Element was adopted by the City Council by Resolution No. R-4-22 (the “Housing Element Update”), in compliance with State housing law; and
WHEREAS, the Housing Element Update was adopted to implement the standards and requirements established by recent State housing law, specifically related to the City’s adopted 2021-2029 6th Cycle Housing Element Update; and
WHEREAS, the Housing Element Update is a Citywide Housing Plan which outlines the City’s Goals, Policies and Programs for the orderly development of local housing to meet needs; and
WHEREAS, Programs 10 and 11 of the Housing Element Update require the City Council to subsequently rezone certain properties in the City’s Official Zoning Map to different zoning categories and to amend certain development standards in the City’s Zoning Code (Title 18 of the Colton Municipal Code) in order to facilitate the development of local housing, which are identified as land use Application No.
DAP-001-744 and attached hereto as Exhibits “B-2” and “B-3”) (the proposed “Zoning Map and Text Amendments”); and
WHEREAS, on January 13, 2026, the Planning Commission of the City of Colton ("Planning Commission") conducted a duly noticed public hearing and recommended by a vote of 5 to 0 to adopt Resolution R-01-26 recommending that the City Council adopt the Zoning Map and Text Amendments; and
WHEREAS, on February 17, 2026, the Colton City Council conducted a duly noticed public hearing to consider Zoning Map and Text Amendments and introduced the Zoning Map and Text Amendments; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS:
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9 10
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13 14
15 16
17 18
19 20
21 22
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SECTION 1. The City Council hereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.
SECTION 2. Based on the entire record before the City Council, including all written and oral evidence presented, the City Council hereby makes the Findings of Fact and adopts the Statement of Overriding Considerations in accordance with the California Environmental Quality Act (CEQA), as set forth in Exhibit B-1 attached hereto and incorporated herein by reference. The City Council finds that the Environmental Impact Report (EIR) for the project (State Clearinghouse No. 2025010520) has been completed in compliance with CEQA and reflects the independent judgment of the City. The Findings of Fact and Statement of Overriding Considerations identify significant environmental impacts that cannot be avoided, even with the implementation of all feasible mitigation measures, and set forth the specific economic, legal, social, technological, and other benefits that outweigh the unavoidable adverse environmental effects. The City Council therefore certifies the EIR and adopts the Findings of Fact and Statement of Overriding Considerations.
SECTION 3. The City’s’ Official Zoning Map is hereby amended to rezone certain property to different zoning classifications; and Sections 18.06.060 (Uses Permitted in each Zone) of Chapter
18.06 (Zoning Districts and Maps), Chapter 18.16 (R-3 and R-4 Multiple-Family Residential) Zone, Chapter 18.23 (Mixed-Use Downtown) Zone, and Chapter 18.58 (Administration) are hereby amended by deleting, modifying and/or adding the text as shown in the attached Exhibits B-2 and B-3) (New Text is shown Double Underline and deleted text is shown in strikethrough.)
SECTION 4. 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 5. Certification/Publication. The City Clerk shall certify to the passage of the Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation published and circulated in the City of Colton.
SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.
PASSED, APPROVED AND ADOPTED on this 3rd day of March, 2026.
___________________________________
Frank Navarro
Mayor
ATTEST:
__________________________________
Isaac T. Suchil
City Clerk
DAP-001-816 Ordinance No. O-05-26
Exhibit A-1 of
Ordinance No. O-05-26
Administrative Final Environmental Impact Report (EIR)
a. Includes Introduction, Master Responses and Responses to Written Comments.
b. The Final EIR includes the following contents:
• Draft Program EIR - Found Electronically
• Draft Program EIR Appendices - Found Electronically
• Master Responses and Responses to Written Comments on the Draft Program EIR - Found Electronically
• CEQA Findings of Fact and Statement of Overriding - Found here within Exhibit B-1
• Considerations Mitigation Monitoring and Reporting Program - Found here within Exhibit B-1
All the above documents may be viewed at the following
electronic link:
https://www.coltonca.gov/779/Environmental-Documents
CEQA Findings of Fact and
Statement of Overriding Considerations
City of Colton Housing Element Update Program 10/11 Rezone and General Plan Amendment
City of Colton, San Bernardino County, California
State Clearinghouse Number 2025010520
Prepared for:
City of Colton
659 North La Cadena Drive
Colton, CA 92324
909.370.5523
Contact: Mario Suarez, Planning Manager
Prepared by:
FirstCarbon Solutions
967 Kendall Drive, #A-537
San Bernardino, CA 92407
714.508.4100
Contact: Cecilia So, Project Director
Date: December 30, 2025
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City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations Table of Contents FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx iii
Table of Contents
CEQA Findings of Fact and Statement Overriding Considerations ................................................... 1
1.1 - Introduction ....................................................................................................................... 1
1.2 - Statement of Findings........................................................................................................ 1
1.3 - Project Summary ............................................................................................................... 2
1.4 - Background ........................................................................................................................ 4
1.5 - Potential Environmental Effects Which are Not Significant or Less than Significant ......... 5
1.6 - Potential Environmental Effects Which Can Be Mitigated Below a Level of Significance ................................................................................................................. 30
1.7 - Impacts Identified in the EIR as Being Significant and Unavoidable Even After the Incorporation of All Feasible Mitigation Measures .................................................... 57
1.8 - Findings Regarding Alternatives ...................................................................................... 67
1.9 - Findings Regarding Cumulative Impacts .......................................................................... 73
1.10 - Findings Regarding Growth Inducement ....................................................................... 74
1.11 - Findings Regarding Significant Irreversible Environmental Changes ............................. 75
1.12 - Mitigation Monitoring and Reporting Plan ................................................................... 76
1.13 - Findings Regarding Recirculation................................................................................... 76
1.14 - Statement of Overriding Considerations ....................................................................... 77
1.15 - Custodian of Record; Scope and Content of Record ...................................................... 79 Appendix A: Mitigation Monitoring and Reporting Program
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City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions
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1.2 - Statement of Findings
The State Guidelines (Guidelines) promulgated pursuant to the California Environmental Quality Act (CEQA) provide:
No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(c) Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.
The required findings shall be supported by substantial evidence in the record (CEQA Guidelines § 15091).
An Environmental Impact Report (EIR) pursuant to CEQA has been prepared by City of Colton (Lead Agency). The Draft Program EIR for the Housing Element Update Program 10/11 Rezone and General Plan Amendment (proposed project) identifies significant effects on the environment, which may occur as a result of the proposed project. As discussed above, the City is required to make certain findings with respect to these impacts pursuant to CEQA Guidelines Section 15091. Accordingly, the City hereby makes these required findings, as set forth in this document (“Findings”).
For these Findings, the “EIR” shall consist of the Draft Program EIR, all appendices attached to the Draft Program EIR, and the Final EIR (consisting of the Introduction and Responses to Comments). All acronyms used within this document shall have the same meaning as defined in the Draft Program EIR.
CEQA FINDINGS OF FACT AND STATEMENT OVERRIDING
CONSIDERATIONS
City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations 2 FirstCarbon Solutions
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The following sets forth all significant effects of the proposed project and, with respect to each effect, makes one or more of the findings set forth above in above in Section 1.1., and provides facts in support of such findings. These Findings do not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, the Findings provide a summary description of each impact, identify the applicable mitigation measures set forth in the EIR and adopted by the City, and state Findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental Findings and conclusions is in the EIR, and these Findings hereby incorporate by reference the discussion and analysis in those documents supporting the EIR's determinations regarding mitigation measures and the proposed project's impacts and mitigation measures designed to address those impacts. The facts supporting these Findings are found in the record as a whole for the proposed project.
In making these Findings, the City ratifies, adopts and incorporates into these Findings the analysis and explanation in the EIR, and ratifies, adopts and incorporates into these Findings the determination and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these Findings. In the event of any inconsistency between these Findings and the EIR, the language in these Findings shall control.
The following sets forth all significant effects of the proposed project and with respect to each effect, makes one or more findings set forth in Section 1.1, Introduction, and provides facts in support of such findings.
1.3 - Project Summary
1.3.1 - Project Description
The City of Colton Housing Element Update Program 10/11 Rezone and General Plan Amendment (Program 10/11 Rezone/GPA, proposed project) is a citywide planning initiative designed to implement the 2021–2029 Housing Element and ensure compliance with State Housing Element Law. The proposed project encompasses amendments to the General Plan Land Use Map, Zoning Map, and related text changes to increase residential development capacity. Approximately 89.9 acres across six areas have been identified for rezoning to allow higher-density residential and mixed-use development. These changes include up-zoning the Mixed-Use Downtown (M-U/D) zone to permit up to 40 dwelling units per acre and revising the R3/R4 zone to allow up to 30 dwelling units per acre (Draft Program EIR, Chapter 1, pages 1-11 to 1-12; Executive Summary, page ES-2).
The proposed project responds to the Regional Housing Needs Assessment (RHNA) allocation adopted by the Southern California Association of Governments (SCAG), which assigns Colton a total of 5,434 housing units for the 2021–2029 planning period. This allocation includes 1,318 very low- income units, 668 low-income units, 906 moderate-income units, and 2,542 above moderate-income units (Draft Program EIR, Chapter 1, pages 1-9; Chapter 3.13, page 3.13-4 and Table 3.13-4). To meet this requirement, the City’s Housing Element identifies a shortfall of sites suitable for lower-income housing, necessitating rezoning actions under Program 10/11. The Draft Program EIR demonstrates that the proposed rezoning strategy will provide sufficient capacity to meet the RHNA allocation with
City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions
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The rezoning program focuses on vacant and underutilized parcels located primarily along South La Cadena Drive and within the Fairway Drive/Crossroads Drive corridor. These areas currently include a mix of commercial, industrial, and low-density residential uses. Future development on these sites is anticipated to consist of multi-family residential projects and mixed-use developments with ground- floor commercial and upper-level residential units. The proposed changes will also implement recommendations from the South Colton Livable Corridor Plan, which seeks to revitalize South Colton through infill development and improved land use patterns (Draft Program EIR, Chapter 1, pages 1-1 to 1-2; 1-12 to 1-13).
In addition to rezoning, the project includes General Plan amendments to ensure consistency between the Land Use Element and the Housing Element. These amendments will update land use designations, density ranges, and zoning standards to reflect the proposed changes. The Zoning Ordinance will also be revised to align with the updated General Plan, including provisions for by- right approval of qualifying housing projects that include at least 20 percent lower-income units, as required by Government Code Section 65583.2(h) (Draft Program EIR, Chapter 1, page 1-31; Executive Summary, page ES-2).
Overall, the Program 10/11 Rezone/GPA represents a comprehensive strategy to expand housing opportunities in Colton, promote mixed-use development, and accommodate projected population growth. While no specific development projects are proposed at this time, the program establishes the regulatory framework necessary to facilitate future residential construction consistent with State law and regional planning objectives. Subsequent projects will undergo site-specific review and may tier from this Program EIR under CEQA streamlining provisions (Draft Program EIR, Chapter 1, pages 1-32 to 1-33; Executive Summary, page ES-2).
1.3.2 - Project Objectives
The underlying purpose of the Program 10/11 Rezone/GPA is to accommodate the RHNA and increase the inventory of land available for the development of housing compliant with State law and consistent with the General Plan. The objectives of the proposed project are to:
• Rezone parcels with sufficient area and development standards to accommodate the City’s RHNA allocation throughout the planning period.
• Promote infill development and encourage efficient development patterns. • Meet housing needs by encouraging a variety of housing development affordable at all income levels, including construction of Accessory Dwelling Units (ADUs). • Reduce, remove, and/or mitigate potential constraints to housing development and incorporate best practices related to land use.
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1.3.3 - Required Approvals
Discretionary approvals and permits are required for implementation of the proposed project. The proposed project would require the following discretionary approvals and actions, including:
• Certify the City of Colton 2023–2031 (6th Cycle) Housing Element Update Program EIR. • Approve amendments to the General Plan Land Use Element, including modifying the General Plan Land Use Map to indicate applicable designations for each housing site along with rezoning of land consistent with the programs contained in the Housing Element Update to expand the inventory of land available for the development of housing. Pursuant to State law, the City has up to 3 years following adoption of the Housing Element Update to rezone sites.
Additional subsequent actions listed below that may be taken by the City with respect to the Housing Element Update would each require additional review for environmental compliance at the time development applications are received by the City. These subsequent actions may include:
• Approval of subsequent development applications for residential and mixed-use development, such as Planned Unit Development approval, and project-related approvals such as growth management approval, design review approval, tentative map approval, final map approval, and grading and building permit approval.
• Implementation of the programs set forth in the Housing Element Update. • Approval of subsequent public facility and roadway improvement projects in support of such residential and mixed-use development.
Subsequent ministerial actions and actions from local, regional, State, and federal agencies, would be required for the implementation of the proposed project and are discussed throughout the EIR. (See e.g., Draft Program EIR, Chapter 1, page 1-34.)
1.4 - Background
The City of Colton released a Notice of Preparation (NOP) for public review from January 17, 2025, to February 21, 2025 (35-day review period). The NOP and copies of comments received are included as Appendix A to the Draft Program EIR.
On February 11, 2025, a scoping meeting was held at the Colton City Council Chambers to solicit written and oral comments regarding the scope and content of the Draft Program EIR from public agencies and interested parties or persons.
The Draft Program EIR was circulated for a public review period between October 8, 2025 and November 21, 2025 for a 45-day review period. The Draft Program EIR was publicly available at City of Colton Development Services Department at 659 North La Cadena Drive Colton, CA 92324; the Colton Public Library–Main Branch at 656 North 9th Street Colton, CA 92324; and at the City Hall Information Booth at 650 North La Cadena Drive Colton, CA 92324. In addition, the Draft Program EIR was posted on the City of Colton website at: https://www.coltonca.gov/779/Environmental- Documents during the public review period. The Planning Commission held a study session at the November 25, 2025 Planning Commission Meeting.
City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions
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After the close of the public comment period, the City prepared a Final EIR, consisting of the comments received on significant environmental issues during the public review and comment period on the Draft Program EIR and written responses to those comments.
Subsequently, a public meeting was held on January 13, 2026, at the Planning Commission, during which individuals and organizations/agency representatives were invited to provide oral comments on the Final EIR.
The City of Colton subsequently considered all oral and written comments regarding environmental issues in the Final EIR and determined, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at public meetings and hearings in connection therewith, and the submission of comments from the public, organizations and regulatory agencies, as well as all other relevant information in the administrative record, the following environmental impacts associated with the proposed project are: (1) less than significant and do not require mitigation; or (2) potentially significant but will be avoided or reduced to a level of insignificance through the identified mitigation measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified mitigation measures.
The City of Colton concludes that implementation of the proposed project could result in potentially significant and significant adverse environmental impacts as discussed in Section 1.7. Accordingly, the Lead Agency hereby certifies that its Findings and determinations are based on all of the evidence contained in the EIR, as well as the evidence and other information in the record addressing the environmental impacts of the proposed project, and hereby elects to rely on the analysis and evidence set forth in the EIR.
The City of Colton has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including the Draft and Final EIR, and all oral and written evidence presented to it during all meetings and hearings. The EIR reflects the independent judgment of the City of Colton and is deemed adequate for purposes of making decisions on the merits of the proposed project.
Consistent with Public Resources Code Section 21002.1 and Section 15128 of the CEQA Guidelines, the EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for which it can be seen with certainty there is no potential for significant adverse environmental impacts. CEQA Guidelines Section 15091 does not require specific findings to address environmental effects that an EIR identifies as “no impact” or a “less than significant” impact and for which no mitigation is necessary.
The City of Colton agrees with the characterization in the EIR of all project-specific impacts identified as “no impact” or “less than significant” and finds that those impacts have been described accurately and either have no impact on the physical environment or a less than significant impact,
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as described in the EIR. The City of Colton further finds that no substantial evidence was submitted or identified during the public comment period indicating that the proposed project would have a potentially significant impact with respect to the environmental impacts or topical categories listed below.
Therefore, based on its independent judgment and the entire administrative record before it, the City of Colton has determined and finds that the following environmental impacts will not exceed any established thresholds, will have either no impact or less than significant effects and no mitigation is necessary.
1.5.1 - Aesthetics
Impact AES-1: The proposed project would not have a substantial adverse effect on a scenic vista.
Finding: Less than significant impact.
Facts in Support of Finding: None of the proposed sites for rezoning under the proposed project are located directly on, or in proximity to, a scenic vista, and foreseeable future development would be required to undergo architectural and site plan review to ensure compliance with the General Plan and Municipal Code. The proposed project would have a less than significant impact on scenic vistas.
All future individual development projects from the implementation of the proposed project would be required to undergo project-specific environmental review, which may require site- and project- specific measures to reduce potential impacts to scenic vistas and would ensure impacts are less than significant (Draft Program EIR, Section 3.1, pages 3.1-11 to 3.1-13).
Impact AES-2: The proposed project would not conflict with applicable zoning and other regulations governing scenic quality.
Finding: Less than significant impact.
Facts in Support of Finding: No mitigation measures are required because compliance with existing City regulations and design standards ensures that scenic quality will be maintained (Draft Program EIR, Section 3.1, pages 3.1-14 to 3.1-15). The project consists of rezoning and land use amendments for infill sites within an urbanized setting. None of the proposed sites are located within designated scenic corridors or areas subject to special scenic resource protections. The City’s design review process (Municipal Code Chapter 18.58.030) and General Plan policies (e.g., LU-2.3 and Open Space and Conservation Element Principle 7) require that development be visually compatible and avoid adverse effects on scenic quality. Because these requirements apply to all future development, the potential for conflict with scenic regulations is minimized, and impacts remain less than significant without mitigation (Draft Program EIR, Section 3.1, pages 3.1-14 to 3.1-15).
Impact AES-3: The proposed project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
Finding: Less than significant impact.
City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx 7 Facts in Support of Finding: New development would be required to comply with Title 24 Part 6 of the California Code of Regulations, Building Energy Efficiency Standards for Residential and Nonresidential Buildings, which provides mandatory requirements for indoor and outdoor lighting for multi-family buildings and nonresidential uses, and local regulations such as Municipal Code Sections 18.42.090 and 18.42.100, which require new sources of light and glare from development to be arranged and designed in a manner to prevent intrusion onto adjacent properties and the surrounding area. Future specific projects as a result of the Program 10/11 Rezone/GPA would be subject to architectural and site plan review and approval by either the Development Services Director or Planning Commission prior to construction, which would include reviewing compliance with Municipal Code Sections 18.42.090 and 18.42.100. Since any new development after the approval of the Program 10/11 Rezone/GPA would be required to abide by State and local rules and regulations such as Title 24, Part 6 of the California Code of Regulations and the Municipal Code and would undergo architectural and site plan review prior to approval, impacts related to generating a substantial new source of light or glare would be less than significant (Draft Program EIR, Section 3.1, pages 3.1-16 to 3.1-17).
Impact: The proposed project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway.
Finding: No impact.
Facts in Support of Finding: Caltrans manages the State Scenic Highway Program to protect scenic corridors, but there are no officially designated or eligible State Scenic Highways within the City of Colton’s planning area. The nearest eligible scenic highway, State Route 38, is about 6.3 miles away.
All development under the Program 10/11 Rezone/GPA would occur on vacant or underutilized infill sites already surrounded by urban uses, so no scenic resources along a State Scenic Highway would be affected. Therefore, there would be no impact. (Draft Program EIR, Chapter 4, page 4-1).
Cumulative Aesthetics
The proposed project would have a less than significant cumulative impact on aesthetics, light, and glare.
Finding: Less than significant impact.
Facts in Support of Finding: The cumulative analysis concludes that, because all foreseeable development would be subject to similar design review and regulatory safeguards, the Program 10/11 Rezone/GPA’s incremental contribution to any potential cumulative impact on scenic vistas would not be cumulatively considerable and the cumulative impact would be less than significant (Draft Program EIR, Section 3.1, page 3.1-14). Cumulative impacts related to aesthetics, including scenic vistas, scenic resources, and light and glare, would be less than significant (Draft Program EIR, Section 3.1, pages 3.1-14, 3.1-16, 3.1-17). No mitigation measures are required. The Draft Program EIR’s cumulative analysis evaluates whether the Housing Element Update Program, in combination with other past, present, and reasonably foreseeable projects, would result in significant cumulative aesthetic impacts. The proposed project involves rezoning and land use amendments for infill
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development within an already urbanized setting. Scenic vistas and resources in the City of Colton (e.g., San Bernardino and San Gabriel Mountains, Jurupa Hills, La Loma Hills, and Slover Mountain) are largely preserved through existing General Plan policies and Municipal Code requirements, which apply to all future development. Additional sources of light and glare introduced by future development would be typical of residential and mixed-use projects and subject to Title 24 and City lighting standards, minimizing spillover and glare. No designated State Scenic Highways or other formally protected scenic corridors occur within the planning area. Because regulatory safeguards apply to all cumulative development and the project does not introduce unique or large-scale visual changes, cumulative aesthetic impacts would remain less than significant without mitigation (Draft Program EIR, Section 3.1, pages 3.1-10 to 3.1-18).
1.5.2 - Air Quality
Impact AIR-4: The proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
Finding: Less than significant impact.
Facts in Support of Finding: The proposed project does not include specific development. However, during construction, development consistent with the proposed project would be required to comply with South Coast Air Quality District (South Coast AQMD) Rule 1113 standards for paint applications and Rule 1108 standards regarding application of asphalt as a matter of regulatory policy. Thus, the proposed project would not introduce a new odor source near existing receptors.
Therefore, the proposed project would have less than significant impacts during construction.
Land uses generally associated with long-term (i.e., operational) objectionable odors include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting operations, refineries, landfills, dairies, and/or various heavy industrial uses. As previously stated, residential and commercial land uses have not been identified as being as sources of objectionable odors. The proposed project would result in the addition of mobile source emissions from vehicles associated with residential and/or commercial uses. Minor sources of odors, such as exhaust from mobile sources, are not typically associated with odor complaints, but potential odors would be temporary and insignificant. Therefore, the proposed project would have less than significant odor impacts during operation. (Draft Program EIR, Section 3.2, pages 3.2-34 to 3.2-35).
1.5.3 - Agricultural and Forestry Resources
Impact: The proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland).
Finding: No impact.
Facts in Support of Finding: Most of the City is mapped as “Urban and Built-up Land” by the California Department of Conservation Farmland Mapping and Monitoring Program, and there is no Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local importance on the project site or within any of the potential rezoning sites. In addition, development