Colton City Council
September 1, 2026

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, September 1, 2026 – 6:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

No Closed Session

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully. _____________________________________________________________________________________

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Mike Ross – Centerpoint Church
Flag Salute
Veterans of Foreign Wars (VFW) Member - Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Check Presentation - 5th District Supervisor Joe Baca, Jr. - Davis Park Batting Cages • New Employee Introductions (1st & 2nd Quarter 2026)
• Proclamation - Royal Gents Association of Colton - 10th Anniversary Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city (CMC Section 2.04.030).

AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city (GC Section 53232.3(d)).

Appointments
Mayor and Council Discussion Items

______________________________________________________________________________

Public Hearings
To speak on public hearing items, it is requested that you register to speak using the Public Comment Kiosk before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) AB 98 Zoning Code Amendments - Time and Place Fixed to Consider a Public Hearing to Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance to Amend certain Chapters and Section of Title 18 (Zoning Code) of the Colton Municipal Code by adding and/or modifying certain Sections in Chapters 18.04, 18.06, 18.24, 18.26,

18.28, 18.30, 18.36. 18.38, 18.46, and 18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by modifying Chapters 18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures, File Index No. DAP26-0019, Ordinance No. O-11-26.

Staff Person: Heidi Duron
Business Items
There are no Business items.

Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council regarding a Closed Session item, please register to speak using the Public Comment Kiosk before the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting. If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 18, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve voucher numbers 227916 to 227989 dated 07/29/2026 and totaling $95,915.71; voucher numbers 227990 to 228127 dated 07/30/2026 and totaling $2,472,533.58; wires dated 08/03/2026 and totaling $5,726,086.00; voucher numbers 228128 to 228283 dated 08/06/2026 and totaling $3,401.203.19; voided check number 228130 for $778,904.06 and a payroll disbursement listing dated 06/20/2026 to 07/03/2026 and totaling $1,912,488.03.

Staff Person: Stacey Dabbs
3) Contract Amendment - Approve Amendment No. 1 to the Animal Shelter Services Agreement with San Bernardino City.

Staff Person: Anthony Vega
4) Contract Amendment - Approve the final one-year extension of the professional services agreement with fire apparatus solutions for fire apparatus maintenance and repair services in the amount of $175,000.00.

Staff Person: Justin Weems
5) Contract Award - Approve the Selection of Sustainable Mitigation to Provide Fire Department Weed Abatement Services.

Staff Person: Justin Weems
6) Contract Award - Award a Contract for the Engineering Design Services of the Valley Sewer Mainline Replacement Project in the amount of $62,490.00.

Staff Person: Chad Blais
7) Contract Award - Award the City's ERP Implementation Project to Tyler Technologies and Implementation Project Management Oversight to ClientFirst Technology Consulting.

Staff Person: Stacey Dabbs
8) Contract Award - Approve Contract for Z&K Consultants, Inc. for $275,000 annually for On-Call Inspection Services for Fiscal Years 2026-27 through 2027-28.

Staff Person: Chad Blais

9) Notice of Completion - Fire Station 214 Restroom Remodel Project by J. Pearce Builders, Inc.

Staff Person: Chad Blais
10) Resolution - Approve and Adopt a Resolution Approving the Write-off and Reconciliation of Uncollectible Accounts Receivable Balances for Fiscal Year Ending June 30, 2026, in the amount of $84,824.20, Resolution No. R-80-26.

Staff Person: Stacey Dabbs
_____________________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment

I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Legal Challenges

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-28-26, with the latest updates being approved on April 7, 2026. Copies are available in the Office of the City Clerk.
______________________________________________________________________________ How to Participate in Public Comment Remotely

How to Register

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Helpful Tips:
o Remember that you will only have 3 minutes to speak; if you go over your microphone will go mute.
o Begin by stating your Name and your City of Residence. o Keep in mind that legally the City Council cannot respond or take action on any item that is not already on the agenda.
_________________________________________________________________________________ If you would like to speak during public comment by using our call-in option, you MUST register.

Item: 1.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: AB 98 Zoning Code Amendments - Time and Place Fixed to Consider a Public Hearing to Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance to Amend certain Chapters and Section of Title 18 (Zoning Code) of the Colton Municipal Code by adding and/or modifying certain Sections in Chapters 18.04, 18.06, 18.24, 18.26, 18.28,

18.30, 18.36. 18.38, 18.46, and 18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by modifying Chapters 18.14,

18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures, File Index No. DAP26-0019, Ordinance No. O-11-26.

Recommended Action:

Staff recommends that the City Council:

A. Find that the adoption of the proposed Code Amendment is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

B. Waive full reading and adopt by title only an ordinance entitled: Ordinance No. O-11-26. An Ordinance of the City Council of the City of Colton, California, Amending certain Chapters and Section of Title 18 (Zoning Code) of the Colton Municipal Code by adding and/or modifying

certain Sections in Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.30, 18.36. 18.38, 18.46, and

18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by modifying Chapters 18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures. (File Index No. DAP26-0019).

Background:

The City of Colton recently updated its Circulation Element to conform with AB 98 and needs an update to its Development Code to address new requirements for regulating warehouse uses. The City’s existing industrial code, amended in 2023, is relatively recent and provides a strong foundation for these updates. Staff has also added a minor update to the City’s Administrative Reviews as related to compliance with the State Department of Housing and Community Development requirements for affordable housing projects.

The first step in updating the City’s Development code is a focused code diagnostic to identify where the code may need to be updated to comply with AB 98 and SB 415 (as largely embodied by Government Code Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail for conflicts and gaps. Title 10 and Title 15 were also reviewed for possible conflicts.

The following key findings and recommendations were identified in amending the 2023 Zoning Code related to Industrial Uses and Warehouses/Truck & Trailer Storage Uses:
• The City’s zoning code contains several minor conflicts with 65098 that should be addressed through targeted updates
• Section 65098 requires a multi-level, multi-path approach to regulating logistics use developments that is not present in the City’s zoning code • The City’s code is conveniently structured in a manner that should allow updates without widespread code changes
• The City’s zoning code needs new and updated definitions as listed in Section 65098 • There are a series of minor edits needed in the zoning code to address potential conflicts between Title 18 and Section 65098
• Most of the new standards can be incorporated into Chapter 18.48.134, minimizing impacts on the day-to-day regulation of general industrial uses and easing the maintenance of the zoning code should Section 65098 be updated again • Incorporating most of the code updates into Chapter 18.48.134 will also make it easier for interested stakeholders to understand what is changing in the zoning code

The second step of this code amendment includes minor clean up of the code in clarifying recreational open space requirements in R-3/R-4 (Multiple Family Residential) Zone and removing minimum housing size requirements in R-2 (Medium Density Residential) Zone as

part of Program 2 in updating development standards that may be a roadblock in ensuring the provision of higher density projects such as requiring minimum housing units sizes.

At a public hearing held on August 11, 2026, the Planning Commission of the City of Colton, by a 5-0 vote, voted to approve Zoning Text Amendment to various provisions of Title 18, Chapters

18.04, 18.06, 18.24, 18.26, 18.28, 18.30, 18.36. 18.38, 18.46, And 18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards in I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by Modifying Chapters 18.14, 18.16 and Section 18.58.030 Related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures by adopting Resolution R-12-26. (Attachment 1)

Issues/Analysis:

This effort focuses on targeted regulatory performance to bring the code into conformance with AB 98 and SB 415 as recommended by Fehr and Peers AB 98 Implementation Guidance for Local Agencies and is not a comprehensive zoning modernization. To accomplish this, the following documents were reviewed and analyzed:
• AB 98
• SB 415
• AB 98 Zoning Considerations prepared by Lisa Wise Consulting • City of Colton Municipal Code Title 10, 15, and 18
• Housing Element affordable housing review policy, Program 2 (Appropriate Development Standards), and Program 11 (Rezoning sites)

Title 18 of the Municipal Code addresses zoning and was reviewed in detail for conflicts and gaps. Title 10 and Title 15 were reviewed for possible conflicts.

Policy & Planning Context
AB 98 prescribes various statewide warehouse development standards that went into effect on January 1, 2026. The legislation applies to any proposed new or expanded “logistics use” development, defined as:
“a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products."
Government Code Section 65098 was established by AB 98 and amended by SB 415. Section 65098 establishes warehouse design and build standards for logistics developments in California. As it pertains to local zoning codes, there are four key areas affected:

1. Definitions,

2. How to handle the replacement of housing,

3. Standards for new and expanded logistics development near sensitive receptors, and

4. New standards for logistics development when there is a zone change near sensitive receptors.

While AB 98 and SB 415 primarily establish and amend Section 65098, other sections of the Government Code were affected (refer to Exhibit A of the Planning Commission Resolution for a red line/strikeout comparison of AB 98 and SB 415 and the affected Government Code sections). For the purposes of this analysis, Section 65098 consistency is the focus as it is the content that directly addresses regulating development. Where appropriate, the companion sections of the Government Code are referenced.

When it pertains to new development and expansions, 65098 addresses four aspects of development:

1. Green building standards,

2. Location of loading bays,

3. Truck entrances and onsite circulation, and

4. Buffering and screening near sensitive receptors.

These new standards are calibrated for two sizes of developments, 1) less than 250,000 and 2) 250,000 square feet and larger. These new standards are also calibrated for projects that are zoned industrial and projects that need a zone change to industrial. Additionally, Most of the new standards are triggered by proximity to sensitive receptors. The more restrictive development standards in Colton where smaller industrial buildings are not proposed to be amended.

Attachment 2 includes the proposed "clean" text amendments that were presented to the Planning Commission, plus minor clarification of the proposed changes in the Nonconforming Section of the code and two residential amendments updating development standards with the deletion of minimum housing unit sizes and clarifying recreational open space requirements that are more practical and realistic in implementing usable recreational space for multiple family residential projects.

Fiscal Impacts:

Sufficient appropriations for the staff time to complete this project were included in the adopted FY2026-27 Development Services budget. There are no additional fiscal impacts associated with approval of this item.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Attachment 1_PC Reso No. R-12-26_Redline-Strikeouts-1

2. Attachment 2_Ordinance No. O-11-26 _Clean Copy

3. Presentation- AB 98 Plus_9-1-2026-1_Item 1

PC Resolution No. R-12-26
ATTACHMENT 1

RESOLUTION NO. R-12-26 1
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 COLTON RECOMMENDING TO THE COLTON CITY COUNCIL APPOVAL 4 OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, 5 CALIFORNIA, AMEND CERTAIN CHAPTERS AND SECTION OF TITLE 18 6 (ZONING CODE) OF THE COLTON MUNICIPAL CODE BY ADDING AND/OR 7 MODIFYING CERTAIN SECTIONS IN CHAPTERS 18.04, 18.06, 18.24, 18.26, 8

18.28, 18.30, 18.36. 18.38, 18.46, AND 18.48.134 RELATED TO, BUT NOT 9 LIMITED TO, DEFINITIONS, PERMITTED USES; DEVELOPMENT 10 STANDARDS I N I -P (INDUSTRIAL PARK), M -1 (LIGHT INDUSTRIAL), M -2 11 (HEAVY INDUSTRIAL) ZONES, NONCONFORMING STRUCTURES AND 12 USES, PARKING, NONRESIDENTIAL FENCE HEIGHTS AND SPECIAL 13 PROVISIONS FOR WAREHOUSE LOGISTICS AND DISTRIBUTION, AND 14 TRUCK AND TRAILER PARKING USES; AND TITLE 18 (ZONING CODE) OF 15 THE COLTON MUNICIPAL CODE BY MODIFYING CHAPTERS 18.14, 18.16 16 AND SECTION 18.58.030 RELATED TO BUT NOT LIMITED TO MEDIUM 17 DENSITY RESIDENTIAL ZONE, MULTIPLE -FAMILY RESIDENTIAL ZONE 18 AND ADMINISTRATIVE APPLICATION REVIEW PROCEDURES. 19
(FILE INDEX NO. DAP26-0019). 20
21 WHEREAS, on August 11 , 202 6, the Planning Commission of the City of Colton 22 (“Planning Commission”) conducted a duly noticed public hearing and recommended the City 23 Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code 24 (the “Municipal Co de”). Following the conclusion of said hearing, the Planning Commission 25 adopted their Resolution No. R -12-26, recommending approval to the City Council to amend 26 (“Zoning Text Amendment”) Adding and/or Modifyi ng certain Sections in Chapters 18.04, 27

18.06, 18.24, 18.26, 18.28, 18.30, 18.36, 18.38.040, 18.46, a nd 18.48.134 related to, but not 28 limited to, Definitions, Permitted Uses; Development Standards In I -P (Industrial Park), M -1 29 (Light Industrial), M -2 (Heavy Industrial) Zones, Parking, Nonresidential Fence Heights And 30 Special Provisions For Warehouse Logistics And Distribution, And Truck And Trailer Parking 31

2 Uses; and Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 18.14, 1

18.16 and Se ction 18.58.030 related to but not limited to Medium Density Residential Zone, 2 Multiple-Family Residential Zone And Administrative Application Review Procedures; and 3 4 WHEREAS, the City of Colton (“City”) is a California municipal corporation organized 5 pursuant to the California Constitution; and 6
WHEREAS, p ursuant to Article XI, Section 7 of the California Constit ution, the City 7 may adopt and enforce ordinances and regulations not in conflict with general laws to protect and 8 promote the public health, safety, and welfare of its citizens; and 9 WHEREAS, Colton’s historical development pattern includes the development of 10 logistic warehouses and truck and trailer parking lots within City Industrial Zones, subject to new 11 development standards adopted Ordinance No. O-01-23 on February 21, 2023; and 12 WHEREAS, as manufacturing, industrial and warehouse uses have modernized and 13 intensified over the years, including the proliferation of e -commerce businesses, they have also 14 created land use and environmental conflic ts with existing residential land uses, including the 15 creation of noise, traffic, dust, vibration and odor impacts originating from logistic warehouse 16 uses; and 17
WHEREAS, a focused code diagnostic to identify where the code may need to be 18 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 19 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 20 for conflicts and gaps; and 21
WHEREAS, a focused code diagnostic to identify where the code may need to be 22 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 23 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 24 for conflicts and gaps; and 25
WHEREAS, the following specific conflicts and gaps were identified by the City: 26 • The City’s Zoning Code contains several minor conflicts with Government Code 27

3 Section 65098 that should be addressed through targeted updates. 1 • Section 65098 requires a multi-level, multi-path approach to regulating logistics 2 use developments that is not present in the City’s Zoning Code. 3 • The City’s Code is conveniently structured in a manner that allows updates 4 without widespread code changes. 5
• The City’s Zoning Code needs new and updated definitions as listed in 6 Government Code Section 65098. 7
• There are a series of minor edits needed in the Zoning Code to address 8 potential conflicts between Title 18 (Colton Zoning Code) and Government 9 Code Section 65098. 10
• Most of the new standards can be incorporated into Chapter 18.48.134, 11 minimizing impacts on the day-to-day regulation of general industrial uses and 12 easing the maintenance of the Zoning Code should Section 65098 be updated 13 again. 14
• Incorporating most of the Code updates into Chapter 18.48.134 will also make 15 it easier for interested stakeholders to understand what is changing in the 16 Zoning Code. 17
18 WHEREAS, these impacts also are described and detailed in a September 2022 Paper 19 authored by the Cali fornia Attorney General’s Office entitled “ Warehouse Projects: Best 20 Practices and Mitigation Measures to Comply with the California Environmental Quality Act ” 21 which describes the serious health impacts created by the proliferation of warehouse and 22 manufacturing uses near residential land uses and recommends minimum siting criteria for these 23 uses; and 24
WHEREAS, in 2024, the Governor signed AB 98 which now imposes certain 25 requirements on cities and counties AB 98 mandates several environmental and community 26 health p rotections including the imposition of regulations concerning the construction and 27

4 operation of new or expanded warehouses that are 250,000 square feet or larger; and requires: 1 • Installation of energy -saving features such as solar panels and electric vehicle charging 2 stations; and 3
• Transition to zero-emission forklifts by 2030; and 4
• Establishment of buffer zones between warehouses and sensitive areas such as homes, 5 schools and parks; and 6
• Establishment of truck routes that avoid residential areas 7 WHEREAS, on August 11, 2026, the Planning Commission held a duly -noticed public 8 hearing to consider the attached Draft Ordinance for recommendation to the City Council; and 9 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 10 11 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF 12 COLTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: 13 14 SECTION 1. Incorporation. The recitals above are true and correct and are each 15 incorporated by reference and adopted as findings by the Planning Commission. 16 17 SECTION 2. General Plan Consistency Findings. The Planning Commission hereby 18 finds that the adoption of the Ordinance is consistent with the General Plan of the City of Colton 19 as described in Section 2 of the Ordinance attached hereto. 20 21 SECTION 3. CEQA. Based on the entire record before the City Council, and all written 22 and oral evidence presented to the City Council, the City Council hereby finds that this ordinance 23 is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) o f the CEQA 24 Guidelines since it establishes procedural requirements for the amendment and update to existing 25 City Ordinance related to logistic warehouses and does not result in changes to the environment. 26 27 SECTION 4. General Plan Consistency. Based on the entire record before the Planning 28

5 Commission and all written and oral evidence presented, including the staff report and the 1 findings made in this Ordinance, the Planning Commission hereby finds and determines that the 2 proposed Ordinance is consistent wi th the goals and policies of the City of Colton General Plan 3 and is reasonably related to the public welfare of the citizens of the City and surrounding 4 regions. The Zoning Text Amendment is necessary to provide clarity to implement existing 5 regulations, provide consistency with other code regulations, allow flexibility to certain 6 standards, and allow for addressing potential negative impacts. Specifically, provisions in the 7 ordinance address the following General Plan policies: 8 9 Land Use Element: 10
o Policy L U-1.1: “Ensure that all new development conforms to all appreciable 11 provisions of the General Plan and Zoning Code.” The Ordinance will modify 12 regulations and uses permitted that allows for review of use and development 13 proposal to ensure consistency with the General Plan and Zoning Code as proposed 14 herein within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 15 related to, but not limited to, Definitions, Permitted Uses; Development Standards In 16 I-P (Industrial Park), M -1 (Light Industr ial), M -2 (Heavy Industrial) Zones, 17 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 18 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 19 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section 20

18.58.030 related to but not limited to Medium Density Residential Zone, Multiple -21 Family Residential Zone And Administrative Application Review Procedures. 22 23 o Policy LU -1.6: “Ensure that new development projects are compatible with 24 permitted, well-maintained uses and buildings in the surrounding neighborhood or 25 district.” The Ordinance will modify regulations and uses permitted that allows for 26 review of use and development to ensure compatibility with existing neighborhoods 27 and districts as proposed within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 28

18.38.040, And 18.48.134 related to, but not limited to, Definitions, Permitted Uses; 29 Development Standards In I -P (Industrial Park), M -1 (Light Industrial), M -2 (Heavy 30 Industrial) Zones, Nonresidenti al Fence Heights And Special Provisions For 31 Warehouse Logistics And Distribution, And Truck And Trailer Parking Uses; and 32

6 Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 1

18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density 2 Residential Zone, Multiple-Family Residential Zone And Administrative Application 3 Review Procedures. 4
5 o Policy LU -4.0 “ Incorporate green building and other sustainable building 6 practices into development projects.” Certain code amendments proposed herein 7 within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 related 8 to, but not limited to, Definitions, Permitted Uses; Development Standards In I -P 9 (Industrial Park), M -1 (Light Industrial), M -2 (Heavy Industrial) Zones, 10 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 11 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 12 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section 13

18.58.030 related to but not limited to Medium Density Residential Zone, Multiple -14 Family Residential Zone And Administrative Application Review Procedures. 15 16 SECTION 5. Recommendation. Given the foregoing, and based on the entire record 17 before the Planning Commission, the Planning Commission hereby recommends that the City 18 Council adopt the ordinance attached hereto as Exhibit “A.” 19 20 SECTION 6. Effective Date. This Resolution takes effect immediately upon adoption. 21 22 SECTION 7. Certification; Records. The secretary shall attest as to the adoption of this 23 Resolution and cause the same to be maintained in the permanent records of the City. 24 PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. 25 26 27
28 Planning Commission Chairperson 29
Richard Prieto 30
31 32

7 1
ATTEST: 2
3 4
5 Planning Commission Secretary 6
Heidi Duron, Development Services Director 7
8 9
10 11
12 I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning 13 Commission of the City of Colton at a meeting held on August 11, 2026, by the following vote 14 of the Planning Commission: 15
16 AYES: Baden, Escarcega, McKillop, Grossich, Prieto 17 NOES: 18
ABSENT: 19
ABSTAIN: 20
21 22
23 24
25 26
Planning Commission Secretary 27
Heidi Duron, Development Services Director 28
29 30
31

8 EXHIBIT-A 1
DRAFT ORDINANCE NO. _________ 2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, 4 CALIFORNIA, AMEND CERTAIN CHAPTERS AND SECTION OF TITLE 18 5 (ZONING CODE) OF THE COLTON MUNICIPAL CODE BY ADDING AND/OR 6 MODIFYING CERTAIN SECTIONS IN CHAPTERS 18.04, 18.06, 18.24, 18.26, 18.28, 7

18.30, 18.36. 18.38, 18.46, AND 18.48.134 RELATED TO, BUT NOT LIMITED TO, 8 DEFINITIONS, PERMITTED USES; DEVELOPMENT STANDARDS IN I -P 9 (INDUSTRIAL PARK), M -1 (LIGHT INDUSTRIAL), M -2 (HEAVY INDUSTRIAL) 10 ZONES, NONCONFORMING STRUCTURES AND USES, PARKING, 11
NONRESIDENTIAL FENCE HEIGHTS AND SPECIAL PROVISIONS FOR 12 WAREHOUSE LOGISTICS AND DISTRIBUTION, AND TRUCK AND TRAILER 13 PARKING USES; AND TITLE 18 (ZONING CODE) OF THE COLTON MUNICIPAL 14 CODE BY MODIFYING CHAPTERS 18.14, 18.16 AND SECTION 18.58.030 RELATED 15 TO BUT NOT LIMITED TO MEDIUM DENSITY RE SIDENTIAL ZONE, MULTIPLE -16 FAMILY RESIDENTIAL ZONE AND ADMINISTRATIVE APPLICATION REVIEW 17 PROCEDURES. (FILE INDEX NO. DAP26-0019). 18
WHEREAS, on August 11 , 202 6, the Planning Commission of the City of Colton 19 (“Planning Commission”) conducted a duly noticed public hearing and recommended the City 20 Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code 21 (the “Municipal Co de”). Following the conclusion of said hearing, the Planning Commission 22 adopted their Resolution No. R -12-26, recommending approval to the City Council to amend 23 (“Zoning Text Amendment”) Adding and/or Modifying certain Sections in Chapters 18.04, 24

18.06, 18.24, 18.26, 18.28, 18.30, 18.36, 18.38.040, 18.46, a nd 18.48.134 related to, but not 25 limited to, Definitions, Permitted Uses; Development Standards In I -P (Industrial Park), M -1 26 (Light Industrial), M -2 (Heavy Industrial) Zones, Parking, Nonresidential Fence Heights And 27 Special Provisions For Warehouse Logistics And Distribution, And Truck And Trailer Parking 28 Uses; and Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 18.14, 29

18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, 30 Multiple-Family Residential Zone And Administrative Application Review Procedures; and 31

9 1
WHEREAS, the City Council has determined that the Zoning Text Amendment is 2 consistent with the City of Colton General Plan (“General Plan”) as indicated below; and 3 4 WHEREAS, the City Council has determined that the proposed Zoning Text 5 Amendment is in the best interests of the City, and that it would be in the public interest to 6 approve the Zone Text Amendment; and 7
8 WHEREAS, p ursuant to Article XI, Section 7 of the California Constit ution, the City 9 may adopt and enforce ordinances and regulations not in conflict with general laws to protect and 10 promote the public health, safety, and welfare of its citizens; and 11 WHEREAS, Colton’s historical development pattern includes the development of 12 logistic warehouses and truck and trailer parking lots within City Industrial Zones, subject to new 13 development standards adopted Ordinance No. O-01-23 on February 21, 2023; and 14 WHEREAS, as manufacturing, industrial and warehouse uses have modernized and 15 intensified over the years, including the proliferation of e -commerce businesses, they have also 16 created land use and environmental conflicts with existing residential land uses, including the 17 creation of noise, traffic, dust, vibration and odor impacts originating from logistic warehouse 18 uses; and 19
WHEREAS, a focused code diagnostic to identify where the code may need to be 20 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 21 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 22 for conflicts and gaps; and 23
WHEREAS, a focused code diagnostic to identify where the code may need to be 24 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 25 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 26 for conflicts and gaps; and 27
WHEREAS, a focused code diagnostic to identify where the code may need to be 28 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 29

10 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 1 for conflicts and gaps; and 2
WHEREAS, the following specific conflicts and gaps were identified by the City: 3 • The City’s Zoning Code contains several minor conflicts with Government Code 4 Section 65098 that should be addressed through targeted updates. 5 • Section 65098 requires a multi-level, multi-path approach to regulating logistics 6 use developments that is not present in the City’s Zoning Code. 7 • The City’s Code is conveniently structured in a manner that allows updates 8 without widespread code changes. 9
• The City’s Zoning Code needs new and updated definitions as listed in 10 Government Code Section 65098. 11
• There are a series of minor edits needed in the Zoning Code to address 12 potential conflicts between Title 18 (Colton Zoning Code) and Government 13 Code Section 65098. 14
• Most of the new standards can be incorporated into Chapter 18.48.134, 15 minimizing impacts on the day-to-day regulation of general industrial uses and 16 easing the maintenance of the Zoning Code should Section 65098 be updated 17 again. 18
• Incorporating most of the Code updates into Chapter 18.48.134 will also make 19 it easier for interested stakeholders to understand what is changing in the 20 Zoning Code. 21
22 WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt 23 from the California Environmental Quality Act (“CEQA”) as more fully described below; and 24 25 WHEREAS, on ___________, the City Council held a duly noticed public hearing at 26 which persons wishing to testify in connection with the Zoning Text Amendment were heard and 27

11 the Zoning Text Amendment was comprehensively reviewed. 1 2 WHEREAS, all other legal prerequisites to the adoption of this Ordinance have 3 occurred. 4
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES 6 ORDAIN AS FOLLOWS: 7
8 SECTION 1. The City Council hereby ad opts the recitals and findings set forth above 9 and in the agenda report prepared in connection with this Ordinance. 10 11 SECTION 2. General Plan Consistency. Based on the entire record before the City 12 Council and all written and oral evidence presented, including the staff report and the findings 13 made in this Ordinance, the City Council hereby finds and determines that the proposed 14 Ordinance is consistent with the goals and policies of the City of Colton General Plan and is 15 reasonably related to the public w elfare of the citizens of the City and surrounding regions. The 16 Zoning Text Amendment is necessary to provide clarity to implement existing regulations, 17 provide consistency with other code regulations, allow flexibility to certain standards, and allow 18 for addressing potential negative impacts. Specifically, provisions in the ordinance address the 19 following General Plan policies: 20
21 Land Use Element: 22
o Policy LU -1.1: “Ensure that all new development conforms to all appreciable 23 provisions of the General Plan and Zoning Code.” The Ordinance will modify 24 regulations and uses permitted that allows for review of use and development 25 proposal to ensure consistency with the General Plan and Zoning Code as proposed 26 herein within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 27 related to, but not limited to, Definitions, Permitted Uses; Development Standards In 28 I-P (Industrial Park), M -1 (Light Industrial), M -2 (Heavy Industrial) Zones, 29 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 30 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 31 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section 32

12 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple -1 Family Residential Zone And Administrative Application Review Procedures. 2 3 o Policy LU -1.6: “Ensure that new development projects are compatible with 4 permitted, well-maintained uses and buildings in the surrounding neighborhood or 5 district.” The Ordinance will mod ify regulations and uses permitted that allows for 6 review of use and development to ensure compatibility with existing neighborhoods 7 and districts as proposed within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 8

18.38.040, And 18.48.134 related to, but not limited to, Definitions, Permitted Uses; 9 Development Standards In I -P (Industrial Park), M -1 (Light Industrial), M -2 (Heavy 10 Industrial) Zones, Nonresidential Fence Heights And Special Provisions For 11 Warehouse Logistics And Distribution, And Truck And Traile r Parking Uses; and 12 Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 13

18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density 14 Residential Zone, Multiple-Family Residential Zone And Administrative Application 15 Review Procedures. 16
17 o Policy LU -4.0 “ Incorporate green building and other sustainable building 18 practices into development projects.” Certain code amendments proposed herein 19 within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 related 20 to, but not limited to, Definitions, Permitted Uses; Development Standards In I -P 21 (Industrial Park), M -1 (Light Industrial), M -2 (Heavy Industrial) Zones, 22 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 23 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 24 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section 25

18.58.030 related to but not limited to Medium Density Residential Zone, Multiple -26 Family Residential Zone And Administrative Application Review Procedures. 27 28 SECTION 3. The City of Colton finds that the proposed Zone Text Amendment to 29 permit address various items including, but not limited to: adding and/or modifying definitions, 30 and modifying and adding certain land uses in use tables; modifying allowances for certain 31 permitted, conditional, and prohibited land uses in various zones; and amending and adding 32

13 certain regulations modifying certain Administrative requirements, under specified conditions 1 and entitlement processes, is reasonably related to the public welfare of the citizens of the City 2 and surrounding region; more specifically, the Ordinance includes appropriate restrictions to 3 ensure that the proposed standards meet all safety standards including Building and Safety 4 Codes, Fire Codes and review/approval by the City Engineer. 5 6 SECTION 4. Certain sections of Chapter 18.04 o f Title 18 of the Colton Municipal 7 Code, pertaining to Definitions , are hereby amended or added to read as follows with new t ext 8 shown in red color boldface underline (text) and deleted text shown in strikethrough ( text) with 9 existing text to remain unchanged shown without boldface underline nor strikethrough: 10 “18.04. – Definitions 11

18.04.101 Business Park. 12
"Business Park" means a group of one or more substantially compatible and cross-13 supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or 14 multiple contiguous parcels of land that are planned, developed, and operated as an integrated 15 site with shared common areas for such uses and supporting ancillary uses with no truck dock 16 areas other than a rear entry door or ground level loading style roll up door(s). Special design 17 attention is given to building occupancy type, circulation, parking (restaurant, warehouse, 18 logistics use developments, office, manufacturing, and auto repair), utility needs, aesthetics, and 19 compatibility. Basic elements of a business park include, but are not limited to, the following: 20 developments that are themed to a particular profession or discipline and contain strong 21 branding; shared open space, parking, and amenities; architectural, design, and signage 22 consistency; on-site management, property owners associations (POAs), governing documents 23 such as covenants, conditions and restrictions (CC&R's), and may be held in condominium or in 24 fee ownership. 25

18.04.242 Heavy Duty Truck. 26
“Heavy Duty Truck” means a truck with a gross vehicle weight rating of 26,001 to 27 33,000 pounds (Class 7) or greater than 33,000 pounds (Class 8). 28

14 18.04.243 Hedge. 1
"Hedge" means a plant or series of plants, shrubs or other landscape Material so arranged as 2 to form a physical barrier or Enclosure. 3

18.04.282 Logistics Use Development. 4
“Logistics use development” means a building that is primarily used as a warehouse 5 for the movement or the storage of cargo, goods, or products that are moved to business or 6 retail customers, or both, that does not predominantly serve retail customers for onsite 7 purchases, and heavy-duty trucks (Class 7 or 8) are primarily involved in the movement of 8 the cargo, goods, or products, as defined by Government Code Section 65098(d). Logistics 9 Use Developments are generally greater than 107,811 square feet in size, with a lot 10 coverage ratio of 45 percent, and a dock high loading door ratio of approximately 1:5,000 – 11 8,000 square feet. “Logistics use development” does not include any of the following: 12 A. Facilities where food or household goods are sold directly to consumers and are 13 accessible to the public. 14
B. A building primarily served by rail to move cargo goods or product. 15 C. A Strategic Intermodal Facility, which for purposes of this subdivision, “Strategic 16 Intermodal Facility” means a project that satisfies all of the following requirements: 17 i. Logistics facilities, including warehousing and transloading facilities, served by 18 rail. 19
ii. Intermodal freight transport services. 20
iii All facility structures and related rail operations are located within a single 21 site footprint. 22
D. A building that serves a primary agricultural use that is actively operated for a 23 single period of 90 consecutive days or less each year. 24

18.04.283 Logistics Use Development, Small. 25
"Logistics Use Development, Small" means a small Logistics Use Development as 26 defined in Section 18.04.282 in which the maximum floor area ratio (FAR) is 0.5 and may 27 not exceed 21,780 square feet per acre with a maximum building size of 108,900 square feet 28 with dock high and/or ground level loading doors restricted to one side of the building. The 29 use of a building is primarily for the storage of goods of any type by one or two businesses 30

15 and used for the sale or distribution of those goods to their direct customers (excluding 1 bulk storage of materials which are flammable or explosive or which create hazardous or 2 commonly recognized offensive conditions). 3

18.04.285 Logistics Park. 4
“Logistics park” means a development consisting of multiple buildings containing 5 logistics use developments. 6

18.04.285 Lot. 7
"Lot" means a recorded Parcel of land, in single or joint ownership, and occupied or to be 8 occupied by a Building and its accessory Buildings, or by a Dwelling Group and its accessory 9 Buildings together with such Open Spaces as are required by the terms of this title and having its 10 principal Frontage on Street, road or Highway. 11
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992) 12

18.04.284 286 Lot Area. 13
"Lot Area" means the total horizontal area within the boundary lines of Lot. 14 (Ord. 0-14-92 § 1 (Exh. A) (part), 1992) 15
16 18.04.2867 Lot, Corner. 17
"Corner Lot" means a Lot located at the intersection of two or more Streets. 18

16 18.04.300 Lot Line. 1
"Lot Line" means any line bounding a Lot as defined in Section 18.04.286 5. 2

18.04.324 Miniwarehouse or Self-Storage. 3
“Miniwarehouse” or “Self-Storage” means a building or group of buildings containing 4 individual storage spaces rented or leased to individual tenants for the private storage of 5 personal property. Each storage unit shall be accessed independently by the tenant and 6 shall not be used for manufacturing, commercial retail sales, service activities, or human 7 occupancy. Self-Storage Facilities may be enclosed (interior-access) or drive-up (exterior-8 access), and may include resident manager quarters as an accessory use. Outdoor storage 9 of vehicles or recreational vehicles, when permitted, shall comply with the screening and 10 setback requirements of this Code. Such facilities shall not be used for or construed as 11 small, conventional warehouses. 12

18.04.403 Sensitive Receptors. 13
Sensitive receptors These are areas where the occupants are more susceptible to the 14 adverse effects of exposure to toxic chemicals, pesticides, and other pollutants such as noise, 15 light/glare, truck traffic, vibration, and smells. Extra care must be taken when dealing with 16 warehouse logistic and distribution uses, truck and trailer storage and parking use, 17 contaminants and pollutants in close proximity to areas recognized as sensitive receptors. 18 “Sensitive receptors” is defined in accordance with Government Code Section 65098 (e) 19 and means one or more of the following: 20
A. A residence, including, but not limited to, a private home, apartment, 21 condominium unit, group home, dormitory unit, or retirement home. 22 B. A school, including, but not limited to, a preschool, prekindergarten, or school 23 maintaining kindergarten or any of grades 1 to 12, inclusive. 24 C. A daycare facility, including, but not limited to, in-home daycare. 25 D. Publicly owned parks, playgrounds, and recreational areas or facilities primarily 26 used by children, unless the development of the park and recreation areas are 27 included as a condition of approval for the development of a logistics use. 28

17 E. Nursing homes, long-term care facilities, hospices, convalescent facilities, or 1 similar live-in housing. 2
F. Hospitals, as defined in Section 128700 of the Health and Safety Code. These are 3 areas where the occupants are more susceptible to the adverse effects of exposure to 4 toxic-chemicals, pesticides, and other pollutants such as noise, light/glare, truck traffic, 5 vibration, and smells. Extra care must be taken when dealing with warehouse logistic 6 and distribution uses, truck and trailer storage and parking use, contaminants and 7 pollutants in close proximity to areas recognized as sensitive receptors. 8

18.04.405 Shopping Center or Industrial Center. 9
"Shopping Center" or "Industrial Center" means a unit group of buildings used for 10 commercial and/or industrial purposes together with open space and vehicle parking areas 11 where the occupants of the buildings and their customers have a joint right to use the open 12 space and vehicle parking areas. Also, see “Business Park” as defined in Section 13

18.04.101. 14
(Ord. No. O-01-13, § 5, 5-7-2013) 15

18.04.453 Warehousing. 16
"Warehousing" means the Use of a Building or Buildings primarily for the storage of Goods 17 of any type, but excluding bulk storage of Materials which are flammable or explosive or 18 which create Hazardous or commonly recognized offensive. Warehousing is intended to be 19 distinct from logistics and distribution uses. Such warehousing is when storage 20 primarily consists of goods and materials for onsite use and/or the use is not primarily 21 served by Heavy Duty Trucks. 22

18.04.454 - Warehouse, General. 23
"Warehouse, General" means Warehousing facility means the use of a building primarily 24 for the storage of goods of any type by one or two businesses and used for the sale or 25 distribution of those goods to their direct customers (excluding bulk storage of materials which 26 are flammable or explosive or which create hazardous or commonly recognized offensive 27 conditions). The maximum floor area rat io (FAR) is 0.5 and may not exceed 21,780 square feet 28 per acre with a maximum building size of 108,900 square feet with dock high and/or ground 29 level loading doors restricted to one side of the building. 30 (Ord. No. O-01-23, § 5, 2-21-2023) 31

18 18.04.455 - Warehousing, Logistics and Distribution. 1 "Warehousing, logistics and distribution facility" means warehouse/distribution facilities 2 including fulfillment centers/ high cube distribution used for the storage and/or consolidation of 3 manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of 4 materials, which are flammable or explosive or create hazardous or commonly recognized 5 offensive conditions) before their distribution to retail locations or other warehouses. 6 Warehouse/distribution centers are generally greater than 107,811 square feet in size, with a lot 7 coverage ratio of 45 percent, and a dock -high loading door ratio of approximately 1 :5,000—8 8,000 square feet. They are characterized by dock high loading doors, could be on opposing 9 sides of the building (cross dock facility); significant movement and storage of products, 10 materials, or equipment; truck activities frequently outside of the peak hour of the adjacent 11 street system; and freeway access, including: 12
• Freight yards/forwarding terminals 13
• Moving agencies 14
• Parcel delivery terminals/Shipping/receiving yards 15 • Truck terminals. 16
SECTION 5. Section 18.06.060 of Chapter 18.06 of Title 18 of the Colton Municipal 17 Code, pertaining to the Uses Permitted in Each Zone, is hereby amended to read as follows with 18 new text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) 19 with existing text to remain unchanged shown without boldface underline nor strikethrough: 20 21 22
F. Commercial Districts Table C-1 C-2 MU-D MU-N Utility Operations Facilities N MC MC N
Warehousing (accessory use only, Administrative
Director Review maximum fifteen percent of floor
area)

N P NP N
23 24
25 G. Industrial Districts Table I-P M-1 M-2 Business Park, subject to Special Provisions 18.48.134 C C C Lodge or Private Club C C C

19 Logistics Use Development, subject to Special
Provisions Chapter 18.48

N N C
Logistics Use Development, Small, subject to
Special Provisions Chapter 18.48

C C C
Manufacturing—Custom P P P
Manufacturing—Light P P P
Manufacturing—Heavy N N P
Marijuana Cultivation, Indoor (see Chapter 5.54 of
Title 5)

O O O
Marijuana Cultivation, Outdoor N N N
Marijuana Testing Facility (see Chapter 5.54 of Title
5)

C C C
Marijuana Product Manufacturing (see Chapter 5.54
of Title 5)

O O O
Medical/Dental/Optical Services P P P
Miniwarehouse/Self-Storage C C P
Personal Services P P P
Plant Nurseries (grown in containers), excluding
marijuana

P P P
Plant Nurseries (grown in soil), excluding marijuana C C C . . .

Warehouse, General, subject to Special Provisions
Chapter 18.48

C N C C
Warehousing with Truck Storage, as defined by
CMC 18.04.439.1

C C C
2 SECTION 6. Section 18.26.010 of Chapter 18. 26 of Title 18 of the Colton Municipal 3 Code, setbacks in the M-1, Light Industrial, Zone is hereby amended to read as follows with new 4 text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with 5 existing text to remain unchanged shown without boldface underline nor strikethrough: 6 7 18.26.010 Intent and Purpose. 8
The M-1 Light Industrial Zone is intended to provide a variety of fabrication, 9 manufacturing, assembly, distribution, warehousing, small logistics use developments and 10 warehouse uses and, to a lesser degree, supporting commercial and office uses. The Light 11

20 Industrial designation is intended for uses that are compatible with those in nearby commercial 1 and residential districts, and do not produce substantial environmental nuisances (noise, odor, 2 dust/smoke, glare, etc.). Uses may include low-intensity packing, assembly, storage, and similar 3 uses that do not adversely affect surrounding residential, office, educational or commercial land 4 uses. Light Industrial developments should be visually attractive, reflect high-quality 5 development standards, provide adequate buffering from less-intensive land uses, and have 6 adequate access to major transportation routes. 7
8 SECTION 7. Section 18.30.030 of Chapter 18. 30 of Title 18 of the Colton Municipal 9 Code, Conditional Use Permit Requirements in the SDA, Sensitive Development Area Overlay 10 Zone is hereby amended to read as follows with new text is shown in boldface underline ( text) 11 and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown 12 without boldface underline nor strikethrough: 13
14 18.30.030 Conditional Use Permit requirements. 15
A. Plans for all development in an SDA Zone Shall be submitted to the Commission for review 16 and Approval under the Conditional Use Permit procedure. 17 B. Plans for Development be submitted to the Commission May be proposed as a Master 18 Conditional Use Permit whereby potential future land uses are identified within particular 19 buildings and/or locations within a site or parcel. Subsequent Conditional Use Permits shall 20 not be required for uses within particular buildings and/or locations as identified by an 21 approved Master Conditional Use Permit. 22
C. Before approving a proposed Development, the Commission must find that the following 23 conditions are satisfied: 24

1. That the proposed development is in conformance with the goals, policies and land use 25 designations in the General Plan for that area; 26

2. That the proposed development will not impose significant noise, traffic, air quality, 27 aesthetic or other environmental impacts on adjacent or nearby residential neighborhoods 28 that cannot be mitigated to a level of insignificance. 29

21 3. That the proposed development meets all requirements of this title for similar 1 developments permitted by right. 2
D. In granting a permit, the Commission may impose certain conditions that in its opinion will 3 assist to safeguard the health, safety and property values in that zone. 4 E. If the Commission so deems necessary, it may refuse to allow a use which it considers 5 incompatible with adjacent or nearby residential neighborhoods. 6 F. When the proposed uses include Logistics Use Developments, the requirements 7 established by California Government Code Section 65098 must be met at a minimum. 8 9 SECTION 8. Section 18.36.021, Chapter 18.36 of Title 18 of the Colton Municipal 10 Code, pertaining to Parking and Loading Requirements, is hereby amended to read as follows 11 with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough 12 (text) with existing text to remain unchanged shown without boldface underline nor 13 strikethrough: 14
15 18.36.021 - Number of Parking Spaces Required. 16

1. Parking on nonresidential zones, except for the C -2/D-O, M-U/D and M -U/N zones, shall 17 meet the minimum parking required for a particular use based on the table below. 18

2. The minimum parking provided shall be use d by passenger -size cars or equivalent of 19 customers, employees, and visitors. Parking for fleet vehicles, trucks, and vehicles over 20 20 feet long shall be provided in addition to the minimum parking required. 21

3. "Square feet" means "gross square feet" and refers to the sum gross square feet of th e floor 22 area of a building and its accessory buildings unless otherwise specified. 23

4. Exceptions to the standards and requirements set forth in this title may be approved by the 24 Planning Commission following preparation of a parking study by a licensed traffic engineer 25 and recommendations of the City Engineer and Development Services Director. For 26 applications where the Planning Commission is not the deciding authority, such exceptions 27 may be allowed by the Development Services Director unless elevated to the Planning 28 Commission. 29
30 Land Use
Minimum number of parking spaces
required
(based upon gross floor area)
Commercial Land Uses:

Automobile and Truck Uses 1 space/600 sf

22 Land Use
Minimum number of parking spaces
required
(based upon gross floor area)
Child Care Facilities/Family Day
Care—Large
1 space/staff member, plus 1 space/each 20 children.

A circular driveway at least 20 feet in width shall be
provided for the safe off-street loading and unloading
of children.

Eating and Drinking Establishments,
including fast food and drive-in (with
indoor and/or outdoor seating)
1 space/100 sf of seating area; minimum 5 spaces
Eating and Drinking Establishments
(take-out only) 1 space/250 sf
Funeral Services 1/35 sf of assembly room floor area
General Commercial Uses including
Convenience Sales and Services,
Personal Services
1 space/250 sf
Hotels and Motels 1 space/room + 2 spaces for managers Movie Theaters 1 space/250 sf, plus 1/100 seats
Office Uses including medical uses 1 space/250 sf
Office Supply Retail handling only
bulky merchandise 1 space /600 sf
Repair Services 1 space/250 sf
Retail Stores 1 space/250 sf
Therapeutic Services 1 space/250 sf
Industrial Land Uses:

Manufacturing & industrial Buildings
1 space/500 sf, or sum of 1/250 sf office space, plus
1/1000 sf warehouse logistics use
developments/storage space, plus 1/500 sf remaining
space
Warehouse Logistics Use
Developments and Storage Buildings
1 space/1000 sf up to the first 10,000 sf, plus 1
space/2000 sf for area over the first 10,000 sf, plus 1 space/ 250 sf office space
Miniwarehouses/Self Storage 1 space/3500 sf
Storage Yards, Contractor and Lumber
Yards
1 space/500 sf building, plus 1 space/2000 sf storage
area
1 SECTION 9. Section 18.36.050, Chapter 18.36 of Title 18 of the Colton Municipal 2 Code, pertaining to Parking and Loading Requirements, is hereby amended to read as follows 3 with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough 4 (text) with existing text to remain unchanged shown without boldface underline nor 5 strikethrough: 6

23 1

18.36.050 General Loading Provisions. 2
All commercial and industrial Buildings, Hotels, Hospitals and Institutions hereafter 3 erected, constructed, converted, established or enlarged to increase their floor space, Shall be 4 provided with adequate Loading Space, as determined by the Committee. Any Loading Space 5 provided Shall afford adequate ingress and egress for trucks from a Public Street or Alley. In no 6 case Shall any Part of Public Street or Alley be Used for loading. Logistics Use Developments 7 shall be subject to the provisions of Chapter 18.48 (Special Provisions) of this code in 8 accordance with California Government Code Section 65098. 9 10 SECTION 10. Section 18.38.040, Chapter 18.3 8 of Title 18 of the Colton Municipal 11 Code, pertaining to Fences, Hedges and Walls , is hereby amended to read as follows with new 12 text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with 13 existing text to remain unchanged shown without boldface underline nor strikethrough: 14 15 18.38.040 Height and location—Nonresidential Zones. 16 A. The height of Fences, Hedges and Walls shall not exceed eight ten feet in the I-P, M-1, and 17 M-2 zones, and six feet on all other nonresidential zones. 18 B. Parking areas shall be provided with screening from other properties and public right-of-19 ways with a solid fence, hedge, berm, or wall with a height no less than three feet. 20 C. Logistics Use Developments shall be subject to the provisions of Chapter 18.48 (Special 21 Provisions) of this code in accordance with California Government Code Section 22 65098. 23
24 25
SECTION 11. Section 18.46.030 and Chapter 18.46 of Title 18 of the Colton Municipal 26 Code, pertaining to Nonconforming Structures and Uses , is hereby amended and replaced in its 27 entirety to read as follows with new text is shown in boldface underline ( text) and deleted text is 28 shown in strikethrough ( text) with existing text to remain unchanged shown without boldface 29 underline nor strikethrough: 30

24 18.46.030 Nonconforming Uses of Land. 1
Where lawful Use of land exists which would not be Permitted by the regulations imposed 2 by this title, and where such Use involves no individual Structure with a replacement cost 3 exceeding ten thousand dollars, the Use May be continued so long as it remains otherwise 4 lawful, provided: 5
A. No such Nonconforming Use Shall be enlarged or increased nor extended to occupy a 6 greater area of land that was occupied at the effective date of the Ordinance codified in 7 this title. 8
B. No such Nonconforming Use Shall be moved in whole or in Part to any portion of the Lot 9 or Parcel other than that occupied by such Use at the effective date of adoption of the 10 Ordinance codified in this title or amendment by this title. 11 C. If any such Nonconforming Use of land ceases for any reason for a period of more than 12 sixty Days, any subsequent Use of such land Shall conform to the regulations specified 13 for the zone in which such land is located. 14
D. If any such Nonconforming Logistics Warehouse (small or otherwise) use in 15 Industrial Zones ceases for any reason for a period of two (2) years from the date of 16 business closure or abandonment, any subsequent use of such land shall conform to 17 the regulations specified for the zone in which such land use is located. 18 E. No additional Structure not conforming to the requirements of this title Shall be erected 19 with such Nonconforming Use of land. 20
21 SECTION 12. Section 18.46.050 and Chapter 18.46 of Title 18 of the Colton Municipal 22 Code, pertaining to Nonconforming Structures and Uses , is hereby amended and replaced in its 23 entirety to read as follows with new text is shown in boldface underline ( text) and deleted text is 24 shown in strikethrough ( text) with existing text to remain unchanged shown without boldface 25 underline nor strikethrough: 26

18.46.050 Nonconforming Uses of Structures. 27
If lawful Use involving individual Structures with a replacement cost of ten thousand 28 dollars or more, or of Structure and Premises in combination exists that would not be allowed in 29

25 the zone under the terms of this title, the lawful Use May be continued so long as it remains 1 otherwise lawful, subject to the Following provisions: 2 A. No existing Structure devoted to a Use not Permitted in the zone in which it is located 3 Shall be enlarged, extended, constructed, reconstructed, moved or structurally altered 4 except in changing the Use of the Structure to a Use Permitted in the zone in which it is 5 located. 6
B. Any conforming Use May be extended throughout any Parts of a Building which were 7 manifestly arranged or designed for such Use at the time of adoption of the Ordinance 8 codified in this title, but no such Use Shall be extended to occupy any land outside such 9 Building. 10
C. If no Structural Alterations are made, any Nonconforming Use of a Structure, or 11 Structure and Premises, May be changed to another Nonconforming Use; provided, that 12 the Commission finds that the proposed Use is equally appropriate or more appropriate to 13 the zone than the existing Nonconforming Use. In Permitting such change, the 14 Commission May require appropriate conditions and safeguards in accord with the 15 provisions of this title. 16
D. Any Structure, or Structure and land in combination, in or on which a Nonconforming 17 Use is superseded by a Permitted Use, Shall conform to the regulations for the zone, and 18 the Nonconforming Use May not thereafter be resumed. 19 E. When a Nonconforming Use of a Structure, or Structure and Premises in combination is 20 Discontinued or Abandoned for three consecutive Months, the Structure, or Structure and 21 Premises in combination, Shall not thereafter be Used except in conformity with the 22 regulations of the zone in which it is located. 23
F. If any such Nonconforming Logistics Warehouse (small or otherwise) structure in 24 Industrial Zones ceases for any reason for a period of two (2) years from the date of 25 business closure or abandonment, any subsequent use of such land shall conform to 26 the regulations specified for the zone in which such land use is located. 27 FG. Where Nonconforming Use status applies to a Structure and Premises in combination, 28 removal or destruction of the Structure Shall eliminate the Nonconforming status of the 29 land. "Destruction" for the purpose of this subsection is defined as damage to an extent of 30 more than fifty percent of the replacement cost at time of destruction. 31

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26 SECTION 13. Section 18.48.134 of Chapter 18. 48 of Title 18 of the Colton Municipal Code, pertaining to Special Provisions, is hereby added to read as follows with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.48.134 Warehousinge, Logistics Use Developments, Truck and Trailer Storage/Parking and Business Park.

Purpose: In response to community concerns on the environmental, operational, aesthetic, proximity to residential zones sensitive receptors, and noise concerns, this special provision includes new standards for the following specified industrial uses listed herein. • Business Park
• Industrial Park
• Logistics Use Development Park
• Truck and Trailer Storage and Parking
• Warehouse General Logistics Use Development, Small
• Warehouse Logistics and Distribution Logistics Use Development, Large Section 18.06.060—Uses Permitted of this Code requires a Conditional Use Permit or prohibits the uses in specified zones. The following special standards shall apply when subject the requirements of California Government Code 65098 and/or when conditionally permitted; in addition to development standards listed in each zone and/or other local, state or federal codes applicable to such uses. If there is a conflict with other local, state, or federal codes, the more stringent standard shall be followed:

A. Siting and Access Criteria.

1. Any new logistics use development shall be sited on roadways that meet the following classifications:
a. Arterial roads; or
b. Collector roads; or
c. Major thoroughfares; or

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27 d. Local roads that predominantly serve commercial, agricultural, or industrial uses.

A road will be considered to meet this requirement if more than 50 percent of the properties fronting the road within 1,000 feet of the logistic use development’s truck entrances and exits are designated for commercial, agricultural, or industrial uses by the zoning map.

2. The City may grant a waiver when siting on an appropriately classified roadway is impractical due to unique geographic, economic, or infrastructure-related reasons. To be eligible for a waiver, the applicant must demonstrate all of the following:
a. There is no feasible alternative site that exists within the designated roadways; b. A traffic analysis has been completed and submitted to the City; c. The site is an existing industrial zone or an existing industrial or agricultural zone for an agricultural-related logistics use development project; and d. The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.

B. Truck Routing.

1. Prior to the issuance of a certificate of occupancy for any new or expanded logistics use developments, the logistics use development operator shall establish and submit for approval an Operations and Truck Routing Plan to and from the state highway system based on the City’s latest truck route map. The Operations and Truck Routing Plan shall include a description of the operational characteristics of the logistic use development and of the logistics use development operator, including, but not limited to:
a. Hours of operation.
b. Types of items to be stored within the building and types of materials, if any, permitted to be stored outdoors.
c. Projected number of employees.
d. The proposed truck routing to and from the logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. e. Measures, such as signage and pavement markings, and queuing analysis for preventing truck queuing, circling, stopping, and parking on public streets.

A. Proximity to Residential Zone.

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28 a. Within 800 feet of a Residential zone, Limit operations, including unloading, staging and storage of trucks and tailers to between the hours of 7:00 a.m. and 7:00 p.m.

Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Saturdays, and shal be prohibited on Sundays and state and federal holidays unless a noise study prepared by the qualified professional can demonstrate that noise related to operations during these hours will not exceed the City’s adopted noise standards within adjacent Residential zone Sensitive Receptors.

C. Development Standards. B Building Placement

1. Any warehouse greater than 108,900 square feet in size, the nearest building loading dock shall be located a minimum of three-hundred (300) feet away measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric trucks. (setback measurements shall use a straight line method).

2. Each project located within 1,000 feet of a Sensitive Receptor or Residential Zone shall provide design analysis to minimize impacts on Sensitive Receptors and residential uses of entrance and exit points to the site.

3. The following standards shall apply to all new or expanded logistics use developments:
a. If the loading bay is within 900 feet of a sensitive receptor, the truck entry, exit, and internal circulation shall be located away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from the sides of the logistics use development that are directly adjacent to a sensitive receptor property line. b. If the loading bay is within 900 feet of a sensitive receptor, the truck loading bays shall be oriented on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
c. Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at all truck loading bays.
d. Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route and to the state highway system as indicated in the approved truck routing plan.

4. The following standards shall apply to all new or expanded logistics use developments on sites zoned for industrial uses where a loading bay is located with 900 feet of a sensitive receptor:
a. If a logistics use development is less than 250,000, it shall include the Green Warehouse design standards in Table 18.48-1: Industrial Green Building Standards.

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29 b. If a logistics use development is 250,000 square feet or more, it shall:
i. Include all Tier 1 21st Century Warehouse design elements specified in Table

18.48-1: Industrial Green Building Standards.
ii. Provide a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.

D. Architectural Design:

1. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

2. "Cool pavement" materials shall be utilized to reduce heat island effects.

3. Site plan drawings shall identify the type of climate control and air filtration systems in warehouse facilities to promote worker well-being.

4. Signage for directional guidance for vehicles entering and exiting the facility shall be provided on site, including directional guidance to the nearest truck route.

5. Each project shall provide on site signage for directional guidance to trucks entering and exiting the facility to minimize potential impacts on Sensitive Receptors.

Table 18.48-1: Industrial Green Building Standards
Tier 1 21st
Century
Warehouse
Requirements:
21st Century
Warehouse
Requirements:

Green
Warehouse
Requirements:
(1) Complies with or exceeds all
requirements of the most current
building energy efficiency standards
specified in Part 6 (commencing with
Section 100) of Title 24 of the
California Code of Regulations and the
California Green Building Standards
Code (Part 11 of Title 24 of the
California Code of Regulations) that
are in effect at the time that the
X X X

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30 Tier 1 21st
Century
Warehouse
Requirements:
21st Century
Warehouse
Requirements:

Green
Warehouse
Requirements:
building permit is issued, including,
but not limited to, the following
requirements related to:
(A) Photovoltaic system installation
and associated battery storage. X X X
(i) For purposes of the
photovoltaic system installation
requirement, all logistic use square
footage should be considered
conditioned space.

X
(B) Cool roofing. X X X
(C) Medium- and heavy-duty vehicle
charging readiness. X X X
(D) Light-duty electric vehicle
charging readiness and installed
charging stations.

X X X
(2) Has skylights in at least one percent
of the roof area, or equivalent LED
efficient lighting.

X X
(3) Has a microgrid-ready switchgear
system capable of supporting
distributed energy resources.

X
(4) Is advanced smart metering ready. X
(5) Has a minimum of 50 percent of all
passenger vehicle parking spaces
preinstalled with conduit and all
necessary physical infrastructure to
support future charging of electric
vehicles.

X
(6) Has a minimum of 10 percent of all
passenger vehicle parking spaces
installed with electric vehicle charging
stations.

X
(7) Ensures that any heating,
ventilation, and air-conditioning is
high-efficiency.

X X X

D. Screening Standards:

1. Industrial uses shall be screened from Sensitive Receptors, public right-of- way, and residential zones using appropriate wall design, incorporating landscaping and/or increased wall heights.

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31 2. Loading areas, docks, truck wells and internal circulation routes shall be fully screened oriented away (or fully screened) from residential neighborhoods, schools, parks, day care centers, nursing homes, hospitals sensitive receptors or other public places and from public rights-of-way to the extent feasible to the satisfaction of the Approving Authority.

3. All items stored outside, including trucks and trailers within parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall not be located within any required front yard or street side building or landscape setback area unless necessary to comply with the requirements of California Government Code 65098.

4. All items stored outside, including trucks and trailers within parking areas, shall not exceed eight (8) feet in height unless a taller wall (with approval of Variance) is provided to effectively screen along street frontages or comply with the requirements of California Government Code 65098.

5. A combination of eight (8) foot tall metal or masonry fencing and a five (5) foot wide landscape planter may be provided in lieu of solid fencing along the side of the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening. This exception shall not apply to buffers and screening prescribed by this code or California Government Code 65098.

6. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls facing a public right-of-way.

7. If a new logistics use development is within 900 feet of a sensitive receptor, it shall have a 50-foot buffer, as measured from the property line of all adjacent sensitive receptors, that fully screens the logistics use development from adjacent sensitive receptors. The buffer areas shall include the following:
i. A solid decorative wall, landscaped berm and wall, or landscaped berm, 10 feet or more in height.
ii. Drought tolerant natural ground landscaping with proper irrigation. iii. Trees shall be used as part of the solid-screen buffering treatment. Trees shall be planted in two rows along the length of the property line adjacent

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32 to any sensitive receptors. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees are prohibited. iv. The buffer area may include any landscaped areas within a public right-of- way, public or private pedestrian walkways, or other hardscape, access, and passenger vehicle parking improvements.

E. Stormwater: Underground stormwater chambers shall be provided to avoid the need for above ground basins. Alternatively, aboveground basins may be permitted if the depth of the basin does not require fencing and can be planted with shrubs and groundcover so as to appear as part of the landscaped area of the site.

F. Parking Requirements:

1. All passenger vehicle parking lots, drive aisles or truck courts, and outdoor storage areas shall be paved with "cool pavement" materials; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.

2. Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on-site to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets. The entry gates into the loading truck court shall be positioned to provide for a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.

3. The facility site plan shall base truck vehicle space specifications, loading, parking and stacking specifications, and maneuvering standards on the Surface Transportation Act (STAA) and California Standard design vehicle.

G. Landscape Standards:

1. All outdoor storage uses (including truck storage) shall incorporate a minimum of fifteen (15) foot deep landscaped setbacks along all public street frontages with a combination of trees, shrubs, and groundcover. Parking of motor vehicles is not permitted within the required setback area.

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33 2. All outdoor storage uses shall provide a minimum ten (10) foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting within any setback, planter or landscape buffer areas shall consist of a combination of 15-inch, 24-inch and 36-inch box trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall, and shall be consistent with subsections 18.24.130, 18.26.130, and 12.28.130 - Landscaping.

3. Trees shall be planted every twenty (20) linear feet within all landscaped planters on- site. Two (2) rows of trees shall be provided within all landscape setbacks adjacent to public streets. A minimum of fifty percent (50%) of the trees on-site shall consist of evergreen broadleaf tree species to ensure year-round coverage.

4. A preliminary landscape plan shall be required when submitting a Planning application, showing general location of the trees, shrubs, and ground cover. The landscaping areas should be lushly landscaped with adequate number and placement of landscaping including but not limited to trees, shrubs, bushes, groundcover, and rocks/boulders. The proposed landscape plan should ensure a unified and cohesive design theme while considering appropriateness to climatic conditions, soil conditions, and concern for maintenance and water conservation.

H. Noise.

1. A Transportation Demand Management measures for industrial uses with over one hundred employees to reduce work-related vehicle trips shall be provided, prior to occupancy.

2. Compliance with Title 18 - The City Noise Standards shall be met. The project shall not cause noise levels to exceed City Noise Standards within residential zones or other sensitive land uses for projects within 800 or 1,000 feet of a residential zone.

I. Security Standards.

1. All outdoor storage shall be secured and incorporate security cameras that are connected to the City's enforcement system to the satisfaction of the Police Chief.

J. Operational Standards

1. 1. Warehousing and distribution facilities generating more than 50 truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the

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34 specific land use, shall prepare an Operations and Truck Route Plan shall be submitted for review and approval by the City Engineer as part of the Conditional Use Permit application. i. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, projected number of employees, types of items permitted to be stored (outdoors) at the site, and the proposed truck routing to and from the facility to the designated truck routes that avoids passing residential, educational, park and recreational use areas to the greatest extent feasible.
ii. The plan shall also inclu de physical and operational measures for preventing truck queuing, stopping, and parking on public streets . If within 900 feet of a Sensitive Receptor as measured from the nearest property line of the Sensitive Receptor to the nearest property line of the above specified industrial uses limit operations, including loading, unloading, staging and storage of trucks and trailers to between the hours of 7:00 a.m. and 7:00 p.m.

Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. Saturdays, and shall be prohibited on Sundays and state and federal holidays unless a noise study prepared by a qualified professional can demonstrate that noise related to operations during these house will not exceed the City's adopted noise standards within adjacent Sensitive Receptor.

2. The operator of the warehouse, storage and/or trucking use shall be responsible for implementing and monitoring the Operations and Truck Route Plan during all operations, including but not limited to posting the plan, educating truck drivers on the approved routes, and communication of the truck routing plan internally and to external parties who may dispatch trucks to the facility.

3. Drivers shall not sleep or reside within any vehicle on-site overnight or for any extended duration of time.

4. Idling of trucks queued or operated onsite shall not exceed 3 minutes.

5. All on-site equipment, such as forklifts and yard trucks, shall be electric with necessary electric charging stations provided.

6. All facility or tenant-owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site shall meet or exceed 2010 model-

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35 year emissions equivalent engine standards are currently defined in the California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025.

7. Operators shall address any parking, traffic, noise or safety issues within forty-eight hours of being notified by the city that an issue exists.

8. Prior to the issuance of a Business Occupancy Permit or Business License for any new tenant or operator of a warehouse or truck, trailer storage facility, or Logistics Use Development, a new or revised Operations and Truck Route Plan prepared by a licensed traffic engineer associated with the new tenant shall be submitted for review and approval by the City Engineer, demonstrating that the proposed operations and project traffic associated with the new tenant or operator is the same or less than the project traffic and operations assume in the approved entitlements for the facility. The City Engineer shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development.

9. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.

K. Air Quality

1. Warehouses and distribution facilities Logistics Use Developments generating 150 or more truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use or within 1000 feet of a sensitive receptor, shall prepare a Health Risk Assessment (HRA) in accordance with South Coast Air Quality Management District (SCAQMD) Guideline for the new development or substantial enlargement of industrial uses.

2. Each project shall provide specific design criteria to minimize exposure to diesel emissions for residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals, and other public places (Sensitive Receptors) situated in close proximity to the industrial uses.

3. Each project shall provide and be in compliance with CEQA (California Environmental Quality Act), and prepare an SCAQMD URBEMIS (South Coast Air

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36 Quality Management District) and EMFAC (Emission Factor) computer models to identify the significance of air quality impacts on Sensitive Receptors.

L. The following standards shall apply to all new or expanded logistics use developments on sites not zoned for industrial uses:

1. If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in Table 18.48-1: Industrial Green Building Standards.

2. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in Table 18.48-1: Industrial Green Building Standards.

3. Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

4. Provide a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses.

A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.

5. If a new logistics use development is within 900 feet of a sensitive receptor, it shall have a 100-foot buffer, as measured from the property line of all adjacent sensitive receptors, that fully screens the logistics use development from adjacent sensitive receptors. The buffer areas shall include the following:
i. A solid decorative wall, landscaped berm and wall, or landscaped berm, 10 feet or more in height.
ii. Drought tolerant natural ground landscaping with proper irrigation. iii. Trees shall be used as part of the solid-screen buffering treatment. Trees shall be planted in two rows along the length of the property line adjacent to any sensitive receptors. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees are prohibited. iv. The buffer area may include any landscaped areas within a public right-of- way, public or private pedestrian walkways, or other hardscape, access, and passenger vehicle parking improvements.

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37 M. Housing Replaced by Logistics Use Developments. In accordance with California Government Code 65098 and in addition to any other State requirements pertaining to the protection of housing and/or the demolition of housing, approval of a logistics use development shall be subject to the following:

1. In the event any housing unit occupied within the 10 years prior to purchase by the developer would be impacted by a logistics use development, that logistics use developments shall be conditioned as follows (unless the housing unit was declared substandard by a building official pursuant to Section 17920.3 of the Health and Safety Code):
a. Demolished housing units shall be replaced at a 2-to-1 ratio b. For each housing unit demolished (regardless of market value of the unit) 2 units of deed-restricted affordable housing for persons and families of low or moderate income (as defined in Section 50093 of the Health and Safety Code) shall be built within the City. c. If funds are collected from any fee imposed for the replacement of demolished housing units, those funds shall be placed in a housing- specific set-aside account and shall be used for housing within three years of collection.

2. If residential dwellings are affected through purchase of a site to accommodate a new logistics use development, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.

N. Sensitive Receptors. Within this section, for any purposes or criteria in which sensitive receptors are a criteria for applying a development standard or evaluating compliance with a standard, the requirements shall not apply if the sensitive receptor is constructed, established, or permitted after the application submittal date for the logistics use development, unless a sensitive receptor already existed within 900 feet of the development.

O. Expansion. For the purposes of evaluating and regulating logistic use developments in accordance with California Government Code Section 65098, “expansion” means the expansion of an existing logistics use development by 20 percent or more of the existing

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38 square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.

SECTION 14. Sections 18.14.50 of Chapter 18. 14 of Title 18 of the Colton Municipal Code, pertaining to Medium Density Residential-Development Standards, are hereby modified to read as follows with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.14.050 Property Development Standards.

The following property development standards, set out in Sections 18.14.050 -1 through 18.14.230, shall apply to all land and buildings in the R-2 Zone. A reduction in the property development standards may be permitted in the case of the development of housing for senior citizens, through the application of a Conditional Use Permit.

18.14.050-1 Property Development Standards
Building Placement Table 1
A. Minimum Lot Size 7,200 square feet1

1. Main Building

2. Accessory Building

B. Minimum Lot Width 60 feet1
C. Minimum Lot Depth 100 feet1
D. Minimum Front Yard
Setback
25 feet1
E. Minimum Side Yard
Setbacks
10% of lot width not
exceeding 15 feet1, 2, 3
F. Minimum Corner Side Yard
Setback
5 feet1
G. Minimum Rear Yard
Setback
20 feet1, 2
H. Separation Between
Buildings
6 feet1, 3
I. Max. Lot Coverage 40% of lot area1
J. Dwelling Units per Acre 8.1—16 DU/AC
K. Minimum Dwelling Unit Size
3 Bedroom, Plus 1,200 square feet
2 Bedroom 1,000 square feet
1 Bedroom 800 square feet
Efficiency/Bachelor 600 square feet
L K. Maximum Building Height 2.5 Stories or 35 feet

1. May be reduced when clustering homes, subject to discretionary process.

2. Main buildings and garages opening to an alley shall have a side Setback of twenty-five feet from the opposite side of the alley.

3. Main buildings shall have a side setback of ten feet from the property line for a reversed corner lot.

4. Plus four feet for each story above the first for a facing wall with openings, and three feet plus one foot for each story above the first for a facing wall without openings. The total separation between two facing walls is the sum of that required for each.

5. Buildings linked by a common roof shall not be considered separate. Openings must be located in the wall overlap area in order to count as openings for the purpose of calculating building separation.

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39 SECTION 15. Sections 18.16.170 of Chapter 18.16 of Title 18 of the Colton Municipal Code, pertaining to Multiple-Family Residential – Recreation Space, are hereby modified to read as follows with n ew text is shown in boldface underline ( text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.16.170 Recreation Space.

All Residential Developments shall provide the following recreational space: a minimum of one square foot of outdoor Recreation Space for every three square feet of gross Floor Area within each Dwelling Unit.

A. Private Space. At least half of the space required Shall be in the form of private Recreation Space, with minimum dimension of eight feet and a minimum area of one hundred fifty square feet per Dwellings. The private space May shall be provided in the form of patios, porches, balconies or recessed areas open on at least two sides. , and May only be located in the side and Rear Yard areas. The minimum dimension of eight feet and minimum area of eighty square feet per dwelling unit.

B. Common Recreation Space shall contain the following a minimum areas as follows:
area of five hundred square feet and
I. 2 to 8 residential dwellings a minimum of five hundred square feet1 II. 9 to 30 residential dwellings a minimum of one thousand square feet 1 III. 30 plus residential units a minimum of two thousand five hundred square feet1

1. A minimum dimension of twenty feet. It May be provided in the form of pools, putting greens or recreation Buildings

SECTION 16. Sections 18.58.030.C. of Chapter 18. 58 of Title 18 of the Colton Municipal Code, pertaining to Administrative Review Procedures, are hereby modified to read as follows with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

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40 18.58.030 Administrative Application review procedures.

C. Powers. Notwithstanding other provisions of this Code, the Director is granted power to receive, administratively hear and determine Applications and collect a fee in accordance with the most current adopted fee schedule on the Following Matters only:

1. Minor deviations. The Director Shall have the power to hear and approve, conditionally approve or deny minor deviations from the provisions of the zoning regulations in the limited situations enumerated below:
a. An increase of up to ten percent of Floor Area Ratio or lot coverage over the maximum allowed;
b. A ten percent maximum reduction on the front Setback, two feet maximum reduction on the side Setback, twenty percent maximum reduction on the rear Setback, and twenty percent maximum reduction on the separation between Buildings; c. Width reduction not exceeding two feet of the amount prescribed for paved vehicular Access;
d. A maximum of five percent reduction of the minimum Floor Area for Dwelling Units; e. A maximum height increase of two feet for Fences, Hedges and Walls; f. Allowance for the Use of common Recreation Space as a substitute for private Recreation Space;
g. Area, width and Setback reductions up to ten percent of the amount prescribed for automobile service stations;
h. Reduction of up to ten percent of the amount of Parking Spaces required. i. Increase of up to ten percent of the maximum sign area, maximum height, or increase/reduction of ten percent in maximum/minimum letter height for Building attached or freestanding signs.
j. Modify front yard paving and landscaping requirements within the R-1 Zone for properties with no available on-street parking within sixty (60) feet of property line.

k. 20% Affordable Housing Projects.

1. Maintain compliance with State Law, provide for an adequate number or sites.

2. Approve by-right any development located on a vacant site listed in two prior Housing Elements or a non-vacant site listed in the prior Housing Element if at

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41 least 20% of the units are deed-restricted for lower-income households pursuant to Government Code § 65583.2©.

3. 20% affordable requirement also applies to sites being used to meet the lower income RHNA Shortfall under Programs 10 and 11 per Gov. Code section 65583.2(h)

l. Mixed-Use Projects

1. Stand-alone residential uses are allowed.

2. Commercial, retail, and office uses are intended to encourage a mix of uses to serve the needs of local residents, employees, and visitors.

3. Projects are encouraged to provide a mix of pedestrian -oriented housing and commercial uses.

4. For mixed-use projects with residential uses, at least fifty percent (50%) of the floor area must be residential uses.

m. Process for Affordable and Mixed-Use Projects:

Planning shall process projects with 20% affordable housing as a ministerial project via administrative review only and clarification of mixed-use projects may be permitted as above.

SECTION 15. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

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42 SECTION 16. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 17. Severability. If any section, sentence, clause o r phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Colton hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 18. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 19. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Colton.

SECTION 20. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. The City Clerk shall also submit a Notice of Exemption within three days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting of the City Co uncil held on the ___ day of _________, 2026 by the following vote:

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43 AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
FRANK J. NAVARRO, Mayor

ATTEST:
________________________________
ISAAC T. SUCHIL, City Clerk

1 1 DRAFT ORDINANCE NO. O-11-26
2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, 4 CALIFORNIA, AMEND CERTAIN CHAPTERS AND SECTION OF TITLE 18 5 (ZONING CODE) OF THE COLTON MUNICIPAL CODE BY ADDING AND/OR 6 MODIFYING CERTAIN SECTIONS IN CHAPTERS 18.04, 18.06, 18.24, 18.26, 18.28, 7 18.30, 18.36. 18.38, 18.46, AND 18.48.134 RELATED TO, BUT NOT LIMITED TO, 8 DEFINITIONS, PERMITTED USES; DEVELOPMENT STANDARDS IN I-P 9 (INDUSTRIAL PARK), M-1 (LIGHT INDUSTRIAL), M-2 (HEAVY INDUSTRIAL) 10 ZONES, NONCONFORMING STRUCTURES AND USES, PARKING,
11 NONRESIDENTIAL FENCE HEIGHTS AND SPECIAL PROVISIONS FOR 12 WAREHOUSE LOGISTICS AND DISTRIBUTION, AND TRUCK AND TRAILER 13 PARKING USES; AND TITLE 18 (ZONING CODE) OF THE COLTON MUNICIPAL 14 CODE BY MODIFYING CHAPTERS 18.14, 18.16 AND SECTION 18.58.030 RELATED 15 TO BUT NOT LIMITED TO MEDIUM DENSITY RESIDENTIAL ZONE, MULTIPLE- 16 FAMILY RESIDENTIAL ZONE AND ADMINISTRATIVE APPLICATION REVIEW 17 PROCEDURES. (FILE INDEX NO. DAP26-0019).
18 WHEREAS, on August 11, 2026, the Planning Commission of the City of Colton 19 (“Planning Commission”) conducted a duly noticed public hearing and recommended the City 20 Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code 21 (the “Municipal Code”). Following the conclusion of said hearing, the Planning Commission 22 adopted their Resolution No. R-12-26, recommending approval to the City Council to amend 23 (“Zoning Text Amendment”) Adding and/or Modifying certain Sections in Chapters 18.04, 24 18.06, 18.24, 18.26, 18.28, 18.30, 18.36, 18.38.040, 18.46, and 18.48.134 related to, but not 25 limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 26 (Light Industrial), M-2 (Heavy Industrial) Zones, Parking, Nonresidential Fence Heights And 27 Special Provisions For Warehouse Logistics And Distribution, And Truck And Trailer Parking 28 Uses; and Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 18.14, 29 18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, 30 Multiple-Family Residential Zone And Administrative Application Review Procedures; and 31

2 1 WHEREAS, the City Council has determined that the Zoning Text Amendment is 2 consistent with the City of Colton General Plan (“General Plan”) as indicated below; and 3 4 WHEREAS, the City Council has determined that the proposed Zoning Text 5 Amendment is in the best interests of the City, and that it would be in the public interest to 6 approve the Zone Text Amendment; and
7 8 WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City 9 may adopt and enforce ordinances and regulations not in conflict with general laws to protect and 10 promote the public health, safety, and welfare of its citizens; and 11 WHEREAS, Colton’s historical development pattern includes the development of 12 logistic warehouses and truck and trailer parking lots within City Industrial Zones, subject to new 13 development standards adopted Ordinance No. O-01-23 on February 21, 2023; and 14 WHEREAS, as manufacturing, industrial and warehouse uses have modernized and 15 intensified over the years, including the proliferation of e-commerce businesses, they have also 16 created land use and environmental conflicts with existing residential land uses, including the 17 creation of noise, traffic, dust, vibration and odor impacts originating from logistic warehouse 18 uses; and
19 WHEREAS, a focused code diagnostic to identify where the code may need to be 20 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 21 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 22 for conflicts and gaps; and
23 WHEREAS, a focused code diagnostic to identify where the code may need to be 24 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 25 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail 26 for conflicts and gaps; and
27 WHEREAS, a focused code diagnostic to identify where the code may need to be 28 updated to comply with AB 98 and SB 415 (as largely embodied by Government Code 29 Section 65098). Title 18 of the Municipal Code addresses zoning and was reviewed in detail

3 1 for conflicts and gaps; and
2 WHEREAS , the following specific conflicts and gaps were identified by the City:
3 • The City’s Zoning Code contains several minor conflicts with Government Code 4 Section 65098 that should be addressed through targeted updates. 5 • Section 65098 requires a multi-level, multi-path approach to regulating logistics 6 use developments that is not present in the City’s Zoning Code. 7 • The City’s Code is conveniently structured in a manner that allows updates 8 without widespread code changes.
9 • The City’s Zoning Code needs new and updated definitions as listed in 10 Government Code Section 65098.
11 • There are a series of minor edits needed in the Zoning Code to address 12 potential conflicts between Title 18 (Colton Zoning Code) and Government 13 Code Section 65098.
14 • Most of the new standards can be incorporated into Chapter 18.48.134, 15 minimizing impacts on the day-to-day regulation of general industrial uses and 16 easing the maintenance of the Zoning Code should Section 65098 be updated 17 again.
18 • Incorporating most of the Code updates into Chapter 18.48.134 will also make 19 it easier for interested stakeholders to understand what is changing in the 20 Zoning Code.
21 22 WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt 23 from the California Environmental Quality Act (“CEQA”) as more fully described below; and 24 25 WHEREAS, on ___________, the City Council held a duly noticed public hearing at 26 which persons wishing to testify in connection with the Zoning Text Amendment were heard and 27 the Zoning Text Amendment was comprehensively reviewed.

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2 WHEREAS, all other legal prerequisites to the adoption of this Ordinance have 3 occurred.
4 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES 6 ORDAIN AS FOLLOWS:
7 8 SECTION 1. The City Council hereby adopts the recitals and findings set forth above 9 and in the agenda report prepared in connection with this Ordinance. 10 11 SECTION 2. General Plan Consistency. Based on the entire record before the City 12 Council and all written and oral evidence presented, including the staff report and the findings 13 made in this Ordinance, the City Council hereby finds and determines that the proposed 14 Ordinance is consistent with the goals and policies of the City of Colton General Plan and is 15 reasonably related to the public welfare of the citizens of the City and surrounding regions. The 16 Zoning Text Amendment is necessary to provide clarity to implement existing regulations, 17 provide consistency with other code regulations, allow flexibility to certain standards, and allow 18 for addressing potential negative impacts. Specifically, provisions in the ordinance address the 19 following General Plan policies:
20 21 Land Use Element:
22 o Policy LU-1.1: “Ensure that all new development conforms to all appreciable 23 provisions of the General Plan and Zoning Code.” The Ordinance will modify 24 regulations and uses permitted that allows for review of use and development 25 proposal to ensure consistency with the General Plan and Zoning Code as proposed 26 herein within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 27 related to, but not limited to, Definitions, Permitted Uses; Development Standards In 28 I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, 29 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 30 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 31 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section

5 1 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple- 2 Family Residential Zone And Administrative Application Review Procedures. 3 4 o Policy LU-1.6: “Ensure that new development projects are compatible with 5 permitted, well-maintained uses and buildings in the surrounding neighborhood or 6 district.” The Ordinance will modify regulations and uses permitted that allows for 7 review of use and development to ensure compatibility with existing neighborhoods 8 and districts as proposed within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 9 18.38.040, And 18.48.134 related to, but not limited to, Definitions, Permitted Uses; 10 Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy 11 Industrial) Zones, Nonresidential Fence Heights And Special Provisions For 12 Warehouse Logistics And Distribution, And Truck And Trailer Parking Uses; and 13 Title 18 (Zoning Code) Of The Colton Municipal Code By Modifying Chapters 14 18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density 15 Residential Zone, Multiple-Family Residential Zone And Administrative Application 16 Review Procedures.
17 18 o Policy LU-4.0 “Incorporate green building and other sustainable building 19 practices into development projects.” Certain code amendments proposed herein 20 within Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.38.040, And 18.48.134 related 21 to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P 22 (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, 23 Nonresidential Fence Heights And Special Provisions For Warehouse Logistics And 24 Distribution, And Truck And Trailer Parking Uses; and Title 18 (Zoning Code) Of 25 The Colton Municipal Code By Modifying Chapters 18.14, 18.16 and Section 26 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple- 27 Family Residential Zone And Administrative Application Review Procedures. 28 29 SECTION 3. The City of Colton finds that the proposed Zone Text Amendment to 30 permit address various items including, but not limited to: adding and/or modifying definitions, 31 and modifying and adding certain land uses in use tables; modifying allowances for certain 32 permitted, conditional, and prohibited land uses in various zones; and amending and adding

6 1 certain regulations modifying certain Administrative requirements, under specified conditions 2 and entitlement processes, is reasonably related to the public welfare of the citizens of the City 3 and surrounding region; more specifically, the Ordinance includes appropriate restrictions to 4 ensure that the proposed standards meet all safety standards including Building and Safety 5 Codes, Fire Codes and review/approval by the City Engineer. 6 7 SECTION 4. Certain sections of Chapter 18.04 of Title 18 of the Colton Municipal 8 Code, pertaining to Definitions, are hereby amended or added to read as follows with new text 9 shown in red color boldface underline (text) and deleted text shown in strikethrough (text) with 10 existing text to remain unchanged shown without boldface underline nor strikethrough:
11 “18.04. – Definitions
12 18.04.101 Business Park.
13 "Business Park" means a group of one or more substantially compatible and cross- 14 supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or 15 multiple contiguous parcels of land that are planned, developed, and operated as an integrated 16 site with shared common areas for such uses and supporting ancillary uses with no truck dock 17 areas other than a rear entry door or ground level loading style roll up door(s). Special design 18 attention is given to building occupancy type, circulation, parking (restaurant, warehouse, 19 logistics use developments, office, manufacturing, and auto repair), utility needs, aesthetics, and 20 compatibility. Basic elements of a business park include, but are not limited to, the following:
21 developments that are themed to a particular profession or discipline and contain strong 22 branding; shared open space, parking, and amenities; architectural, design, and signage 23 consistency; on-site management, property owners associations (POAs), governing documents 24 such as covenants, conditions and restrictions (CC&R's), and may be held in condominium or in 25 fee ownership.
26 18.04.242 Heavy Duty Truck.
27 “Heavy Duty Truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 28 pounds (Class 7) or greater than 33,000 pounds (Class 8).

7 1 18.04.243 Hedge.
2 "Hedge" means a plant or series of plants, shrubs or other landscape Material so arranged as 3 to form a physical barrier or Enclosure.
4 18.04.282 Logistics Use Development.
5 “Logistics use development” means a building that is primarily used as a warehouse for the 6 movement or the storage of cargo, goods, or products that are moved to business or retail 7 customers, or both, that does not predominantly serve retail customers for onsite purchases, and 8 heavy-duty trucks (Class 7 or 8) are primarily involved in the movement of the cargo, goods, or 9 products, as defined by Government Code Section 65098(d). Logistics Use Developments are 10 generally greater than 107,811 square feet in size, with a lot coverage ratio of 45 percent, and a 11 dock high loading door ratio of approximately 1:5,000 – 8,000 square feet. “Logistics use 12 development” does not include any of the following:
13 A. Facilities where food or household goods are sold directly to consumers and are 14 accessible to the public.
15 B. A building primarily served by rail to move cargo goods or product. 16 C. A Strategic Intermodal Facility, which for purposes of this subdivision, “Strategic 17 Intermodal Facility” means a project that satisfies all of the following requirements:
18 i. Logistics facilities, including warehousing and transloading facilities, served by rail. 19 ii. Intermodal freight transport services.
20 iii All facility structures and related rail operations are located within a single site 21 footprint.
22 D. A building that serves a primary agricultural use that is actively operated for a single 23 period of 90 consecutive days or less each year.
24 18.04.283 Logistics Use Development, Small.
25 "Logistics Use Development, Small" means a small Logistics Use Development as defined 26 in Section 18.04.282 in which the maximum floor area ratio (FAR) is 0.5 and may not exceed 27 21,780 square feet per acre with a maximum building size of 108,900 square feet with dock high 28 and/or ground level loading doors restricted to one side of the building. The use of a building is 29 primarily for the storage of goods of any type by one or two businesses and used for the sale or 30 distribution of those goods to their direct customers (excluding bulk storage of materials which

8 1 are flammable or explosive or which create hazardous or commonly recognized offensive 2 conditions).
3 18.04.285 Logistics Park.
4 “Logistics park” means a development consisting of multiple buildings containing 5 logistics use developments.
6 18.04.285 Lot.
7 "Lot" means a recorded Parcel of land, in single or joint ownership, and occupied or to be 8 occupied by a Building and its accessory Buildings, or by a Dwelling Group and its accessory 9 Buildings together with such Open Spaces as are required by the terms of this title and having its 10 principal Frontage on Street, road or Highway.
11 (Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
12 18.04. 286 Lot Area.
13 "Lot Area" means the total horizontal area within the boundary lines of Lot. 14 (Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
15 16 18.04.27 Lot, Corner.
17 "Corner Lot" means a Lot located at the intersection of two or more Streets.

9 1 18.04.300 Lot Line.
2 "Lot Line" means any line bounding a Lot as defined in Section 18.04.286 5. 3 18.04.324 Miniwarehouse or Self-Storage.
4 “Miniwarehouse” or “Self-Storage” means a building or group of buildings containing individual 5 storage spaces rented or leased to individual tenants for the private storage of personal property. 6 Each storage unit shall be accessed independently by the tenant and shall not be used for 7 manufacturing, commercial retail sales, service activities, or human occupancy. Self-Storage 8 Facilities may be enclosed (interior-access) or drive-up (exterior-access), and may include 9 resident manager quarters as an accessory use. Outdoor storage of vehicles or recreational 10 vehicles, when permitted, shall comply with the screening and setback requirements of this 11 Code. Such facilities shall not be used for or construed as small, conventional warehouses. 12 18.04.403 Sensitive Receptors.
13 Sensitive receptors are areas where the occupants are more susceptible to the adverse effects 14 of exposure to toxic chemicals, pesticides, and other pollutants such as noise, light/glare, truck 15 traffic, vibration, and smells. Extra care must be taken when dealing with warehouse logistic and 16 distribution uses, truck and trailer storage and parking use, contaminants and pollutants in close 17 proximity to areas recognized as sensitive receptors. “Sensitive receptors” is defined in 18 accordance with Government Code Section 65098 (e) and means one or more of the following:
19 A. A residence, including, but not limited to, a private home, apartment, condominium 20 unit, group home, dormitory unit, or retirement home. 21 B. A school, including, but not limited to, a preschool, prekindergarten, or school 22 maintaining kindergarten or any of grades 1 to 12, inclusive. 23 C. A daycare facility, including, but not limited to, in-home daycare. 24 D. Publicly owned parks, playgrounds, and recreational areas or facilities primarily used 25 by children, unless the development of the park and recreation areas are included as a 26 condition of approval for the development of a logistics use. 27 E. Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar 28 live-in housing.

10 1 F. Hospitals, as defined in Section 128700 of the Health and Safety Code. 2 18.04.405 Shopping Center or Industrial Center.
3 "Shopping Center" or "Industrial Center" means a unit group of buildings used for 4 commercial and/or industrial purposes together with open space and vehicle parking areas 5 where the occupants of the buildings and their customers have a joint right to use the open 6 space and vehicle parking areas. Also, see “Business Park” as defined in Section 18.04.101. 7 (Ord. No. O-01-13, § 5, 5-7-2013)
8 18.04.453 Warehousing.
9 "Warehousing" means the Use of a Building or Buildings primarily for the storage of Goods 10 of any type, but excluding bulk storage of Materials which are flammable or explosive or 11 which create Hazardous or commonly recognized offensive. Warehousing is intended to be 12 distinct from logistics and distribution uses. Such warehousing is when storage primarily 13 consists of goods and materials for onsite use and/or the use is not primarily served by Heavy 14 Duty Trucks.
15 16 SECTION 5. Section 18.06.060 of Chapter 18.06 of Title 18 of the Colton Municipal 17 Code, pertaining to the Uses Permitted in Each Zone, is hereby amended to read as follows with 18 new text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) 19 with existing text to remain unchanged shown without boldface underline nor strikethrough:
20 21
F. Commercial Districts Table C-1 C-2 MU-D MU-N Utility Operations Facilities N MC MC N
Warehousing (accessory use only, Administrative
Director Review

N P P N
22 23
24 G. Industrial Districts Table I-P M-1 M-2

11 Business Park, subject to Special Provisions 18.48.134 C C C Lodge or Private Club C C C
Logistics Use Development, subject to Special
Provisions Chapter 18.48

N N C
Logistics Use Development, Small, subject to Special
Provisions Chapter 18.48

C C C
Manufacturing—Custom P P P
Manufacturing—Light P P P
Manufacturing—Heavy N N P
Marijuana Cultivation, Indoor (see Chapter 5.54 of
Title 5)

O O O
Marijuana Cultivation, Outdoor N N N
Marijuana Testing Facility (see Chapter 5.54 of Title
5)

C C C
1 Marijuana Product Manufacturing (see Chapter 5.54
of Title 5)

O O O
Medical/Dental/Optical Services P P P
Miniwarehouse/Self-Storage C C P
Personal Services P P P
Plant Nurseries (grown in containers), excluding
marijuana

P P P
Plant Nurseries (grown in soil), excluding marijuana C C C . . .

Warehousing with Truck Storage, as defined by
CMC 18.04.439.1

C C C
2 3 SECTION 6. Section 18.26.010 of Chapter 18.26 of Title 18 of the Colton Municipal 4 Code, setbacks in the M-1, Light Industrial, Zone is hereby amended to read as follows with new 5 text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with 6 existing text to remain unchanged shown without boldface underline nor strikethrough:
7

12 1 18.26.010 Intent and Purpose.
2 The M-1 Light Industrial Zone is intended to provide a variety of fabrication, 3 manufacturing, assembly, distribution, warehousing, small logistics use developments and, to a 4 lesser degree, supporting commercial and office uses. The Light Industrial designation is 5 intended for uses that are compatible with those in nearby commercial and residential districts, 6 and do not produce substantial environmental nuisances (noise, odor, dust/smoke, glare, etc.). 7 Uses may include low-intensity packing, assembly, storage, and similar uses that do not 8 adversely affect surrounding residential, office, educational or commercial land uses. Light 9 Industrial developments should be visually attractive, reflect high-quality development 10 standards, provide adequate buffering from less-intensive land uses, and have adequate access to 11 major transportation routes.
12 13 SECTION 7. Section 18.30.030 of Chapter 18.30 of Title 18 of the Colton Municipal 14 Code, Conditional Use Permit Requirements in the SDA, Sensitive Development Area Overlay 15 Zone is hereby amended to read as follows with new text is shown in boldface underline (text) 16 and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown 17 without boldface underline nor strikethrough:
18 19 18.30.030 Conditional Use Permit requirements.
20 A. Plans for all development in an SDA Zone Shall be submitted to the Commission for review 21 and Approval under the Conditional Use Permit procedure. 22 B. Plans for Development be submitted to the Commission May be proposed as a Master 23 Conditional Use Permit whereby potential future land uses are identified within particular 24 buildings and/or locations within a site or parcel. Subsequent Conditional Use Permits shall 25 not be required for uses within particular buildings and/or locations as identified by an 26 approved Master Conditional Use Permit.
27 C. Before approving a proposed Development, the Commission must find that the following 28 conditions are satisfied:

13 1 1. That the proposed development is in conformance with the goals, policies and land use 2 designations in the General Plan for that area;
3 2. That the proposed development will not impose significant noise, traffic, air quality, 4 aesthetic or other environmental impacts on adjacent or nearby residential neighborhoods 5 that cannot be mitigated to a level of insignificance. 6 3. That the proposed development meets all requirements of this title for similar 7 developments permitted by right.
8 D. In granting a permit, the Commission may impose certain conditions that in its opinion will 9 assist to safeguard the health, safety and property values in that zone. 10 E. If the Commission so deems necessary, it may refuse to allow a use which it considers 11 incompatible with adjacent or nearby residential neighborhoods. 12 F. When the proposed uses include Logistics Use Developments, the requirements established 13 by California Government Code Section 65098 must be met at a minimum. 14 15 SECTION 8. Section 18.36.021, Chapter 18.36 of Title 18 of the Colton Municipal 16 Code, pertaining to Parking and Loading Requirements, is hereby amended to read as follows 17 with new text is shown in boldface underline (text) and deleted text is shown in strikethrough 18 (text) with existing text to remain unchanged shown without boldface underline nor 19 strikethrough:
20 21 18.36.021 - Number of Parking Spaces Required.
22 1. Parking on nonresidential zones, except for the C-2/D-O, M-U/D and M-U/N zones, shall 23 meet the minimum parking required for a particular use based on the table below. 24 2. The minimum parking provided shall be used by passenger-size cars or equivalent of 25 customers, employees, and visitors. Parking for fleet vehicles, trucks, and vehicles over 20 26 feet long shall be provided in addition to the minimum parking required. 27 3. "Square feet" means "gross square feet" and refers to the sum gross square feet of the floor 28 area of a building and its accessory buildings unless otherwise specified. 29 4. Exceptions to the standards and requirements set forth in this title may be approved by the 30 Planning Commission following preparation of a parking study by a licensed traffic engineer 31 and recommendations of the City Engineer and Development Services Director. For 32 applications where the Planning Commission is not the deciding authority, such exceptions 33 may be allowed by the Development Services Director unless elevated to the Planning 34 Commission.

14 1
Land Use
Minimum number of parking spaces
required
(based upon gross floor area)
Commercial Land Uses:

Automobile and Truck Uses 1 space/600 sf
Child Care Facilities/Family Day
Care—Large
1 space/staff member, plus 1 space/each 20 children.

A circular driveway at least 20 feet in width shall be
provided for the safe off-street loading and unloading
of children.

Eating and Drinking Establishments,
including fast food and drive-in (with
indoor and/or outdoor seating)
1 space/100 sf of seating area; minimum 5 spaces
Eating and Drinking Establishments
(take-out only) 1 space/250 sf
Funeral Services 1/35 sf of assembly room floor area
General Commercial Uses including
Convenience Sales and Services,
Personal Services
1 space/250 sf
Hotels and Motels 1 space/room + 2 spaces for managers Movie Theaters 1 space/250 sf, plus 1/100 seats
Office Uses including medical uses 1 space/250 sf
Office Supply Retail handling only
bulky merchandise 1 space /600 sf
Repair Services 1 space/250 sf
Retail Stores 1 space/250 sf
Therapeutic Services 1 space/250 sf
Industrial Land Uses:

Manufacturing & industrial Buildings
1 space/500 sf, or sum of 1/250 sf office space, plus
1/1000 sf logistics use developments/storage space,
plus 1/500 sf remaining space
Warehouse Logistics, Logistics Use
Development and Storage Buildings
1 space/1000 sf up to the first 10,000 sf, plus 1
space/2000 sf for area over the first 10,000 sf, plus 1 space/ 250 sf office space
Miniwarehouses/Self Storage 1 space/3500 sf
Storage Yards, Contractor and Lumber
Yards
1 space/500 sf building, plus 1 space/2000 sf storage
area
2 3 SECTION 9. Section 18.36.050, Chapter 18.36 of Title 18 of the Colton Municipal 4 Code, pertaining to Parking and Loading Requirements, is hereby amended to read as follows 5 with new text is shown in boldface underline (text) and deleted text is shown in strikethrough

15 1 (text) with existing text to remain unchanged shown without boldface underline nor 2 strikethrough:
3 4 18.36.050 General Loading Provisions.
5 All commercial and industrial Buildings, Hotels, Hospitals and Institutions hereafter 6 erected, constructed, converted, established or enlarged to increase their floor space, Shall be 7 provided with adequate Loading Space, as determined by the Committee. Any Loading Space 8 provided Shall afford adequate ingress and egress for trucks from a Public Street or Alley. In no 9 case Shall any Part of Public Street or Alley be Used for loading. Logistics Use Developments 10 shall be subject to the provisions of Chapter 18.48 (Special Provisions) of this code in 11 accordance with California Government Code Section 65098. 12 13 SECTION 10. Section 18.38.040, Chapter 18.38 of Title 18 of the Colton Municipal 14 Code, pertaining to Fences, Hedges and Walls, is hereby amended to read as follows with new 15 text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with 16 existing text to remain unchanged shown without boldface underline nor strikethrough:
17 18 18.38.040 Height and location—Nonresidential Zones. 19 A. The height of Fences, Hedges and Walls shall not exceed ten feet in the I-P, M-1, and M-2 20 zones, and six feet on all other nonresidential zones. 21 B. Parking areas shall be provided with screening from other properties and public right-of- 22 ways with a solid fence, hedge, berm, or wall with a height no less than three feet. 23 C. Logistics Use Developments shall be subject to the provisions of Chapter 18.48 (Special 24 Provisions) of this code in accordance with California Government Code Section 65098. 25 26
27 SECTION 11. Section 18.46.030 and Chapter 18.46 of Title 18 of the Colton Municipal 28 Code, pertaining to Nonconforming Structures and Uses, is hereby amended and replaced in its 29 entirety to read as follows with new text is shown in boldface underline (text) and deleted text is 30 shown in strikethrough (text) with existing text to remain unchanged shown without boldface 31 underline nor strikethrough:

16 1 18.46.030 Nonconforming Uses of Land.
2 Where lawful Use of land exists which would not be Permitted by the regulations imposed 3 by this title, and where such Use involves no individual Structure with a replacement cost 4 exceeding ten thousand dollars, the Use May be continued so long as it remains otherwise 5 lawful, provided:
6 A. No such Nonconforming Use Shall be enlarged or increased nor extended to occupy a 7 greater area of land that was occupied at the effective date of the Ordinance codified in 8 this title.
9 B. No such Nonconforming Use Shall be moved in whole or in Part to any portion of the Lot 10 or Parcel other than that occupied by such Use at the effective date of adoption of the 11 Ordinance codified in this title or amendment by this title. 12 C. If any such Nonconforming Use of land ceases for any reason for a period of more than 13 sixty Days, any subsequent Use of such land Shall conform to the regulations specified 14 for the zone in which such land is located.
15 D. If any such Nonconforming Logistics Warehouse (small or otherwise) use in Industrial 16 Zones ceases for any reason for a period of two (2) years from the date of business 17 closure or abandonment, any subsequent use of such land shall conform to the regulations 18 specified for the zone in which such land use is located. 19 E. No additional Structure not conforming to the requirements of this title Shall be erected 20 with such Nonconforming Use of land.
21 22 SECTION 12. Section 18.46.050 and Chapter 18.46 of Title 18 of the Colton Municipal 23 Code, pertaining to Nonconforming Structures and Uses, is hereby amended and replaced in its 24 entirety to read as follows with new text is shown in boldface underline (text) and deleted text is 25 shown in strikethrough (text) with existing text to remain unchanged shown without boldface 26 underline nor strikethrough:
27 18.46.050 Nonconforming Uses of Structures.
28 If lawful Use involving individual Structures with a replacement cost of ten thousand 29 dollars or more, or of Structure and Premises in combination exists that would not be allowed in

17 1 the zone under the terms of this title, the lawful Use May be continued so long as it remains 2 otherwise lawful, subject to the Following provisions:
3 A. No existing Structure devoted to a Use not Permitted in the zone in which it is located 4 Shall be enlarged, extended, constructed, reconstructed, moved or structurally altered 5 except in changing the Use of the Structure to a Use Permitted in the zone in which it is 6 located.
7 B. Any conforming Use May be extended throughout any Parts of a Building which were 8 manifestly arranged or designed for such Use at the time of adoption of the Ordinance 9 codified in this title, but no such Use Shall be extended to occupy any land outside such 10 Building.
11 C. If no Structural Alterations are made, any Nonconforming Use of a Structure, or 12 Structure and Premises, May be changed to another Nonconforming Use; provided, that 13 the Commission finds that the proposed Use is equally appropriate or more appropriate to 14 the zone than the existing Nonconforming Use. In Permitting such change, the 15 Commission May require appropriate conditions and safeguards in accord with the 16 provisions of this title.
17 D. Any Structure, or Structure and land in combination, in or on which a Nonconforming 18 Use is superseded by a Permitted Use, Shall conform to the regulations for the zone, and 19 the Nonconforming Use May not thereafter be resumed. 20 E. When a Nonconforming Use of a Structure, or Structure and Premises in combination is 21 Discontinued or Abandoned for three consecutive Months, the Structure, or Structure and 22 Premises in combination, Shall not thereafter be Used except in conformity with the 23 regulations of the zone in which it is located.
24 F. If any such Nonconforming Logistics Warehouse (small or otherwise) structure in 25 Industrial Zones ceases for any reason for a period of two (2) years from the date of 26 business closure or abandonment, any subsequent use of such land shall conform to the 27 regulations specified for the zone in which such land use is located. 28 G. Where Nonconforming Use status applies to a Structure and Premises in combination, 29 removal or destruction of the Structure Shall eliminate the Nonconforming status of the 30 land. "Destruction" for the purpose of this subsection is defined as damage to an extent of 31 more than fifty percent of the replacement cost at time of destruction.

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18 SECTION 13. Section 18.48.134 of Chapter 18.48 of Title 18 of the Colton Municipal Code, pertaining to Special Provisions, is hereby added to read as follows with new text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.48.134 Warehousing, Logistics Use Developments, Truck and Trailer Storage/Parking and Business Park.

Purpose: In response to community concerns on the environmental, operational, aesthetic, proximity to sensitive receptors, and noise concerns, this special provision includes new standards for the following specified industrial uses listed herein. • Business Park
• Industrial Park
• Logistics Use Development Park
• Truck and Trailer Storage and Parking
• Logistics Use Development, Small
• Logistics Use Development, Large
Section 18.06.060—Uses Permitted of this Code requires a Conditional Use Permit or prohibits the uses in specified zones. The following special standards shall apply when subject the requirements of California Government Code 65098 and/or when conditionally permitted; in addition to development standards listed in each zone and/or other local, state or federal codes applicable to such uses. If there is a conflict with other local, state, or federal codes, the more stringent standard shall be followed:

A. Siting and Access Criteria.

1. Any new logistics use development shall be sited on roadways that meet the following classifications:
a. Arterial roads; or
b. Collector roads; or
c. Major thoroughfares; or

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19 d. Local roads that predominantly serve commercial, agricultural, or industrial uses. A road will be considered to meet this requirement if more than 50 percent of the properties fronting the road within 1,000 feet of the logistic use development’s truck entrances and exits are designated for commercial, agricultural, or industrial uses by the zoning map.

2. The City may grant a waiver when siting on an appropriately classified roadway is impractical due to unique geographic, economic, or infrastructure-related reasons. To be eligible for a waiver, the applicant must demonstrate all of the following:
a. There is no feasible alternative site that exists within the designated roadways; b. A traffic analysis has been completed and submitted to the City; c. The site is an existing industrial zone or an existing industrial or agricultural zone for an agricultural-related logistics use development project; and d. The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.

B. Truck Routing.

1. Prior to the issuance of a certificate of occupancy for any new or expanded logistics use developments, the logistics use development operator shall establish and submit for approval an Operations and Truck Routing Plan to and from the state highway system based on the City’s latest truck route map.

The Operations and Truck Routing Plan shall include a description of the operational characteristics of the logistic use development and of the logistics use development operator, including, but not limited to:
a. Hours of operation.
b. Types of items to be stored within the building and types of materials, if any, permitted to be stored outdoors.
c. Projected number of employees.
d. The proposed truck routing to and from the logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. e. Measures, such as signage and pavement markings, and queuing analysis for preventing truck queuing, circling, stopping, and parking on public streets.

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20 C. Development Standards.

1. Any warehouse greater than 108,900 square feet in size, the nearest building loading dock shall be located a minimum of three-hundred (300) feet away measured from the property line of the sensitive receptor to the nearest dock door (setback measurements shall use a straight line method).

2. Each project located within 1,000 feet of a Sensitive Receptor or Residential Zone shall provide design analysis to minimize impacts on Sensitive Receptors and residential uses of entrance and exit points to the site.

3. The following standards shall apply to all new or expanded logistics use developments:
a. If the loading bay is within 900 feet of a sensitive receptor, the truck entry, exit, and internal circulation shall be located away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from the sides of the logistics use development that are directly adjacent to a sensitive receptor property line. b. If the loading bay is within 900 feet of a sensitive receptor, the truck loading bays shall be oriented on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
c. Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at all truck loading bays.
d. Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route and to the state highway system as indicated in the approved truck routing plan.

4. The following standards shall apply to all new or expanded logistics use developments on sites zoned for industrial uses where a loading bay is located with 900 feet of a sensitive receptor:
a. If a logistics use development is less than 250,000, it shall include the Green Warehouse design standards in Table 18.48-1: Industrial Green Building Standards. b. If a logistics use development is 250,000 square feet or more, it shall:
i. Include all Tier 1 21st Century Warehouse design elements specified in Table

18.48-1: Industrial Green Building Standards.
ii. Provide a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.

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21 D. Architectural Design:

1. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

2. "Cool pavement" materials shall be utilized to reduce heat island effects.

3. Site plan drawings shall identify the type of climate control and air filtration systems in warehouse facilities to promote worker well-being.

Table 18.48-1: Industrial Green Building Standards

Tier 1 21st
Century
Warehouse
Requirements:
21st Century
Warehouse
Requirements:

Green
Warehouse
Requirements:
(1) Complies with or exceeds all
requirements of the most current building
energy efficiency standards specified in
Part 6 (commencing with Section 100) of
Title 24 of the California Code of
Regulations and the California Green
Building Standards Code (Part 11 of
Title 24 of the California Code of
Regulations) that are in effect at the time
that the building permit is issued,
including, but not limited to, the
following requirements related to:

X X X
(A) Photovoltaic system installation
and associated battery storage. X X X
(i) For purposes of the photovoltaic
system installation requirement, all
logistic use square footage should be
considered conditioned space.

X
(B) Cool roofing. X X X
(C) Medium- and heavy-duty vehicle
charging readiness. X X X
(D) Light-duty electric vehicle
charging readiness and installed charging
stations.

X X X
(2) Has skylights in at least one percent
of the roof area, or equivalent LED
efficient lighting.

X X
(3) Has a microgrid-ready switchgear
system capable of supporting distributed
energy resources.

X

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22 Tier 1 21st
Century
Warehouse
Requirements:
21st Century
Warehouse
Requirements:

Green
Warehouse
Requirements:
(4) Is advanced smart metering ready. X
(5) Has a minimum of 50 percent of all
passenger vehicle parking spaces
preinstalled with conduit and all
necessary physical infrastructure to
support future charging of electric
vehicles.

X
(6) Has a minimum of 10 percent of all
passenger vehicle parking spaces
installed with electric vehicle charging
stations.

X
(7) Ensures that any heating, ventilation,
and air-conditioning is high-efficiency. X X X

D. Screening Standards:

1. Industrial uses shall be screened from Sensitive Receptors, public right-of- way, and residential zones using appropriate wall design, incorporating landscaping and/or increased wall heights.

2. Loading areas, docks, truck wells and internal circulation routes shall be fully screened sensitive receptors or other public places and from public rights-of-way to the extent feasible to the satisfaction of the Approving Authority.

3. All items stored outside, including trucks and trailers within parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall not be located within any required front yard or street side building or landscape setback area unless necessary to comply with the requirements of California Government Code 65098.

4. All items stored outside, including trucks and trailers within parking areas, shall not exceed eight (8) feet in height unless a taller wall is provided to effectively screen along street frontages or comply with the requirements of California Government Code 65098.

5. A combination of eight (8) foot tall metal or masonry fencing and a five (5) foot wide landscape planter may be provided in lieu of solid fencing along the side of the side and rear property lines in areas where the site is not visible to the public. A

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23 combination of trees and shrubs shall be provided to ensure adequate screening. This exception shall not apply to buffers and screening prescribed by this code or California Government Code 65098.

6. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls facing a public right-of-way.

7. If a new logistics use development is within 900 feet of a sensitive receptor, it shall have a 50-foot buffer, as measured from the property line of all adjacent sensitive receptors, that fully screens the logistics use development from adjacent sensitive receptors. The buffer areas shall include the following:
i. A solid decorative wall, landscaped berm and wall, or landscaped berm, 10 feet or more in height.
ii. Drought tolerant natural ground landscaping with proper irrigation. iii. Trees shall be used as part of the solid-screen buffering treatment. Trees shall be planted in two rows along the length of the property line adjacent to any sensitive receptors. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees are prohibited. iv. The buffer area may include any landscaped areas within a public right-of-way, public or private pedestrian walkways, or other hardscape, access, and passenger vehicle parking improvements.

E. Stormwater: Underground stormwater chambers shall be provided to avoid the need for above ground basins. Alternatively, aboveground basins may be permitted if the depth of the basin does not require fencing and can be planted with shrubs and groundcover so as to appear as part of the landscaped area of the site.

F. Parking Requirements:

1. All passenger vehicle parking lots, drive aisles or truck courts, and outdoor storage areas shall be paved with "cool pavement" materials; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.

2. Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of

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24 vehicles on-site to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets. The entry gates into the loading truck court shall be positioned to provide for a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.

3. The facility site plan shall base truck vehicle space specifications, loading, parking and stacking specifications, and maneuvering standards on the Surface Transportation Act (STAA) and California Standard design vehicle.

G. Landscape Standards:

1. All outdoor storage uses (including truck storage) shall incorporate a minimum of fifteen (15) foot deep landscaped setbacks along all public street frontages with a combination of trees, shrubs, and groundcover. Parking of motor vehicles is not permitted within the required setback area.

2. All outdoor storage uses shall provide a minimum ten (10) foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting within any setback, planter or landscape buffer areas shall consist of a combination of 15-inch, 24-inch and 36-inch box trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall, and shall be consistent with subsections 18.24.130, 18.26.130, and 12.28.130 - Landscaping.

3. Trees shall be planted every twenty (20) linear feet within all landscaped planters on- site. Two (2) rows of trees shall be provided within all landscape setbacks adjacent to public streets. A minimum of fifty percent (50%) of the trees on-site shall consist of evergreen broadleaf tree species to ensure year-round coverage.

4. A preliminary landscape plan shall be required when submitting a Planning application, showing general location of the trees, shrubs, and ground cover. The landscaping areas should be lushly landscaped with adequate number and placement of landscaping including but not limited to trees, shrubs, bushes, groundcover, and rocks/boulders. The proposed landscape plan should ensure a unified and cohesive design theme while considering appropriateness to climatic conditions, soil conditions, and concern for maintenance and water conservation.

H. Noise.

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25 1. A Transportation Demand Management measures for industrial uses with over one hundred employees to reduce work-related vehicle trips shall be provided, prior to occupancy.

2. Compliance with Title 18 - The City Noise Standards shall be met. The project shall not cause noise levels to exceed City Noise Standards within residential zones or other sensitive land uses for projects within 800 or 1,000 feet of a residential zone.

I. Security Standards.

1. All outdoor storage shall be secured and incorporate security cameras that are connected to the City's enforcement system to the satisfaction of the Police Chief.

J. Operational Standards

1. If within 900 feet of a Sensitive Receptor as measured from the nearest property line of the Sensitive Receptor to the nearest property line of the above specified industrial uses limit operations, including loading, unloading, staging and storage of trucks and trailers to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. Saturdays, and shall be prohibited on Sundays and state and federal holidays unless a noise study prepared by a qualified professional can demonstrate that noise related to operations during these house will not exceed the City's adopted noise standards within adjacent Sensitive Receptor.

2. The operator of the warehouse, storage and/or trucking use shall be responsible for implementing and monitoring the Operations and Truck Route Plan during all operations, including but not limited to posting the plan, educating truck drivers on the approved routes, and communication of the truck routing plan internally and to external parties who may dispatch trucks to the facility.

3. Drivers shall not sleep or reside within any vehicle on-site overnight or for any extended duration of time.

4. Idling of trucks queued or operated onsite shall not exceed 3 minutes.

5. All on-site equipment, such as forklifts and yard trucks, shall be electric with necessary electric charging stations provided.

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26 6. All facility or tenant-owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site shall meet or exceed 2010 model- year emissions equivalent engine standards are currently defined in the California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025.

7. Operators shall address any parking, traffic, noise or safety issues within forty-eight hours of being notified by the city that an issue exists.

8. Prior to the issuance of a Business Occupancy Permit or Business License for any new tenant or operator of a warehouse or truck, trailer storage facility, or Logistics Use Development, a new or revised Operations and Truck Route Plan prepared by a licensed traffic engineer associated with the new tenant shall be submitted for review and approval by the City Engineer, demonstrating that the proposed operations and project traffic associated with the new tenant or operator is the same or less than the project traffic and operations assume in the approved entitlements for the facility. The City Engineer shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development.

9. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.

K. Air Quality

1. Logistics Use Developments generating 150 or more truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use or within 1000 feet of a sensitive receptor, shall prepare a Health Risk Assessment (HRA) in accordance with South Coast Air Quality Management District (SCAQMD) Guideline for the new development or substantial enlargement of industrial uses.

2. Each project shall provide specific design criteria to minimize exposure to diesel emissions for residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals, and other public places (Sensitive Receptors) situated in close proximity to the industrial uses.

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27 3. Each project shall provide and be in compliance with CEQA (California Environmental Quality Act), and prepare an SCAQMD URBEMIS (South Coast Air Quality Management District) and EMFAC (Emission Factor) computer models to identify the significance of air quality impacts on Sensitive Receptors.

L. The following standards shall apply to all new or expanded logistics use developments on sites not zoned for industrial uses:

1. If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in Table 18.48-1:

Industrial Green Building Standards.

2. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in Table 18.48-1: Industrial Green Building Standards.

3. Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

4. Provide a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses.

A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.

5. If a new logistics use development is within 900 feet of a sensitive receptor, it shall have a 100-foot buffer, as measured from the property line of all adjacent sensitive receptors, that fully screens the logistics use development from adjacent sensitive receptors. The buffer areas shall include the following:
i. A solid decorative wall, landscaped berm and wall, or landscaped berm, 10 feet or more in height.
ii. Drought tolerant natural ground landscaping with proper irrigation. iii. Trees shall be used as part of the solid-screen buffering treatment. Trees shall be planted in two rows along the length of the property line adjacent to any sensitive receptors. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low

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28 biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees are prohibited. iv. The buffer area may include any landscaped areas within a public right-of- way, public or private pedestrian walkways, or other hardscape, access, and passenger vehicle parking improvements.

M. Housing Replaced by Logistics Use Developments. In accordance with California Government Code 65098 and in addition to any other State requirements pertaining to the protection of housing and/or the demolition of housing, approval of a logistics use development shall be subject to the following:

1. In the event any housing unit occupied within the 10 years prior to purchase by the developer would be impacted by a logistics use development, that logistics use developments shall be conditioned as follows (unless the housing unit was declared substandard by a building official pursuant to Section 17920.3 of the Health and Safety Code):
a. Demolished housing units shall be replaced at a 2-to-1 ratio b. For each housing unit demolished (regardless of market value of the unit) 2 units of deed-restricted affordable housing for persons and families of low or moderate income (as defined in Section 50093 of the Health and Safety Code) shall be built within the City.
c. If funds are collected from any fee imposed for the replacement of demolished housing units, those funds shall be placed in a housing- specific set-aside account and shall be used for housing within three years of collection.

2. If residential dwellings are affected through purchase of a site to accommodate a new logistics use development, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.

N. Sensitive Receptors. Within this section, for any purposes or criteria in which sensitive receptors are a criteria for applying a development standard or evaluating compliance with a standard, the requirements shall not apply if the sensitive receptor is constructed,

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29 established, or permitted after the application submittal date for the logistics use development, unless a sensitive receptor already existed within 900 feet of the development.

O. Expansion. For the purposes of evaluating and regulating logistic use developments in accordance with California Government Code Section 65098, “expansion” means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.

SECTION 14. Sections 18.14.50 of Chapter 18.14 of Title 18 of the Colton Municipal Code, pertaining to Medium Density Residential-Development Standards, are hereby modified to read as follows with new text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.14.050 Property Development Standards.

The following property development standards, set out in Sections 18.14.050-1 through 18.14.230, shall apply to all land and buildings in the R-2 Zone. A reduction in the property development standards may be permitted in the case of the development of housing for senior citizens, through the application of a Conditional Use Permit.

18.14.050-1 Property Development Standards
Building Placement Table 1
A. Minimum Lot Size 7,200 square feet1
B. Minimum Lot Width 60 feet1
C. Minimum Lot Depth 100 feet1
D. Minimum Front Yard
Setback
25 feet1
E. Minimum Side Yard
Setbacks
10% of lot width not
exceeding 15 feet1, 2, 3
F. Minimum Corner Side Yard
Setback
5 feet1
G. Minimum Rear Yard
Setback
20 feet1, 2
H. Separation Between
Buildings
6 feet1, 3
I. Max. Lot Coverage 40% of lot area1
J. Dwelling Units per Acre 8.1—16 DU/AC

1. Main Building

2. Accessory Building

K. Maximum Building Height 2.5 Stories or 35 feet

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30 1. May be reduced when clustering homes, subject to discretionary process.

2. Main buildings and garages opening to an alley shall have a side Setback of twenty-five feet from the opposite side of the alley.

3. Main buildings shall have a side setback of ten feet from the property line for a reversed corner lot.

4. Plus four feet for each story above the first for a facing wall with openings, and three feet plus one foot for each story above the first for a facing wall without openings. The total separation between two facing walls is the sum of that required for each.

5. Buildings linked by a common roof shall not be considered separate. Openings must be located in the wall overlap area in order to count as openings for the purpose of calculating building separation.

SECTION 15. Sections 18.16.170 of Chapter 18.16 of Title 18 of the Colton Municipal Code, pertaining to Multiple-Family Residential – Recreation Space, are hereby modified to read as follows with new text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.16.170 Recreation Space.

All Residential Developments shall provide the following recreational space:

A. Private Space. The private space shall be provided in the form of patios, porches, balconies or recessed areas open on at least two sides. The minimum dimension of eight feet and minimum area of eighty square feet per dwelling unit.

B. Common Recreation Space shall contain the following minimum areas as follows:

I. 2 to 8 residential dwellings a minimum of five hundred square feet1 II. 9 to 30 residential dwellings a minimum of one thousand square feet 1 III. 30 plus residential units a minimum of two thousand five hundred square feet1

1. A minimum dimension of twenty feet. It May be provided in the form of pools, putting greens or recreation Buildings

SECTION 16. Sections 18.58.030.C. of Chapter 18.58 of Title 18 of the Colton Municipal Code, pertaining to Administrative Review Procedures, are hereby modified to read as follows with new text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

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31 18.58.030 Administrative Application review procedures.

C. Powers. Notwithstanding other provisions of this Code, the Director is granted power to receive, administratively hear and determine Applications and collect a fee in accordance with the most current adopted fee schedule on the Following Matters only:

1. Minor deviations. The Director Shall have the power to hear and approve, conditionally approve or deny minor deviations from the provisions of the zoning regulations in the limited situations enumerated below:
a. An increase of up to ten percent of Floor Area Ratio or lot coverage over the maximum allowed;
b. A ten percent maximum reduction on the front Setback, two feet maximum reduction on the side Setback, twenty percent maximum reduction on the rear Setback, and twenty percent maximum reduction on the separation between Buildings; c. Width reduction not exceeding two feet of the amount prescribed for paved vehicular Access;
d. A maximum of five percent reduction of the minimum Floor Area for Dwelling Units; e. A maximum height increase of two feet for Fences, Hedges and Walls; f. Allowance for the Use of common Recreation Space as a substitute for private Recreation Space;
g. Area, width and Setback reductions up to ten percent of the amount prescribed for automobile service stations;
h. Reduction of up to ten percent of the amount of Parking Spaces required. i. Increase of up to ten percent of the maximum sign area, maximum height, or increase/reduction of ten percent in maximum/minimum letter height for Building attached or freestanding signs.
j. Modify front yard paving and landscaping requirements within the R-1 Zone for properties with no available on-street parking within sixty (60) feet of property line.

k. 20% Affordable Housing Projects.

1. Maintain compliance with State Law, provide for an adequate number or sites.

2. Approve by-right any development located on a vacant site listed in two prior Housing Elements or a non-vacant site listed in the prior Housing Element if at least

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32 20% of the units are deed-restricted for lower-income households pursuant to Government Code § 65583.2©.

3. 20% affordable requirement also applies to sites being used to meet the lower income RHNA Shortfall under Programs 10 and 11 per Gov. Code section 65583.2(h)

l. Mixed-Use Projects

1. Stand-alone residential uses are allowed.

2. Commercial, retail, and office uses are intended to encourage a mix of uses to serve the needs of local residents, employees, and visitors.

3. Projects are encouraged to provide a mix of pedestrian-oriented housing and commercial uses.

4. For mixed-use projects with residential uses, at least fifty percent (50%) of the floor area must be residential uses.

m. Process for Affordable and Mixed-Use Projects:

Planning shall process projects with 20% affordable housing as a ministerial project via administrative review only and clarification of mixed-use projects may be permitted as above.

SECTION 15. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

SECTION 16. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office

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33 located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 17. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Colton hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 18. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 19. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Colton.

SECTION 20. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. The City Clerk shall also submit a Notice of Exemption within three days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting of the City Council held on the ___ day of _________, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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34 _______________________________
FRANK J. NAVARRO, Mayor

ATTEST:
________________________________
ISAAC T. SUCHIL, City Clerk

AB 98, Plus
City Council Meeting – September 1, 2026

Background
1) December 16, 2025, Part one of AB 98 included General Plan Amendments, Municipal Code Amendments related
to designation of truck routes and updating various
policies of the Mobility Element.
2) City Council adopted Ordinance No. O-10-25
3) Part two includes update to the Zoning Code
4) Plus, staff has included Housing Element Implementation follow-up, as recommended by the Planning Commission

Four Key Factors – Logistic Warehouse Ordinance
1) Definitions
2) How to handle the replacement of housing
3) Standards for new and expanded logistics
development near sensitive receptors, and
4) New standards for logistics development
when there is a zone change near sensitive
receptors.

Four Key Aspects – New Development & Expansions
1) Green building standards,
2) Location of loading bays,
3) Truck entrances and onsite circulation, and
4) Buffering and screening near sensitive
receptors.

Minor Update to Section 18.48.134 C. 3.

Residential Code Amendments
1) Removing Minimum Dwelling Unit Size in R-2
2) Clarifying R3/R4 Common Recreational Space
3) Formalizing policy to allow 20% or more affordable
housing projects – reviewed administratively.
4) Clarification of Mixed-Use Projects
5) Process for Affordable and Mixed-Use Projects

Recommendation
Adopt Ordinance No. O-11-26:

Recommending City Council Approval of proposed Code
Amendments related to Logistics and Development and
Modifying Certain Chapters related to Medium and Multiple Family Residential and Administrative Application related to Affordable Projects. (Case Index No. DAP26-0019)

Item: 1.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 18, 2026, on File in the Office of the City Clerk.

Recommended Action:

Staff recommends the City Council approve the draft minutes for the August 18, 2026, regular City Council meeting.

Background:

Issues/Analysis:

Fiscal Impacts:

Alternatives:

Attachments:

1. 08-18-26- Draft Minutes

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, August 18, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Closed Session meeting was called to order at 5:00 P.M. in the Council Chamber of City Hall, with Mayor Frank J. Navarro presiding.

Roll Call
Council members present were MPTE David J. Toro, CM Luis S. Gonzalez, CM John J. Echevarria, and Mayor Frank J. Navarro; MPT Kelly J. Chastain joined closed session at 5:12pm.

Also present was City Clerk Isaac T. Suchil.

Staff present were Assistant City Manager, Dr. Charles Berry; City Attorney, Carlos Campos; and Chief Deputy City Clerk, Stephanie M. Vargas.
_____________________________________________________________________________________

Public Comment - None
Closed Session
City Attorney Carlos Campos announced the City Council would meet in Closed Session to discuss Items 1 through 3.
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Nicole Noel Opal Aboytes and Alfonso Urias Aboytes v. City of Colton San Bernardino County Superior Court, Case No. CIVSB2403483. 2) Conference with Legal Counsel - Potential Litigation Pursuant to Government Code Section 54956.9 (d)(4)
One (1) Potential Case
3) Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager, Tom Cody, Director of Human Resources and Risk Management
Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 – Water/Wastewater Division
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Confidential Employees Group
Executive Employee Group
City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session items 1 through 3; direction was given, but there was no reportable action.

______________________________________________________________________________________

Open Session
6:00 P.M.

Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 6:00 P.M.

Invocation
Pastor Peter Tasaka – The Vineyard Church
Flag Salute
Marine Corp. Veteran – Tom Leon
Roll Call
Council members present were MPTE David J. Toro, MPT Kelly J. Chastain, CM Luis S. Gonzalez, CM John J. Echevarria, and Mayor Frank J. Navarro.

Also present was City Clerk Isaac T. Suchil; City Treasurer Henry M. Razo was absent.

Staff present were Assistant City Manager Dr. Charles Berry, City Attorney Carlos Campos, and Chief Deputy City Clerk Stephanie M. Vargas.

Ceremonial Matters
Presentations, Awards, Proclamations
• 2026 VolunTEEN Recognitions: Heidi Strutz, Recreation Services Manager, presented recognition certificates to the following Community Services Department Teen Volunteers:
• Adeyemi Ilori
• Angellisa Valenzuela
• Autumn Perez
• Brianna Trejo
• Andrew Tovar
• Emily Perez
• Gisele Diaz
• Joshua Moore
• Lilliana Brewster
• Lorenzo Abello
• MariaIsabel Castaneda,
• Michael Arciniega
• Ximena Sanchez

• Business Focus: Woody's Roadhouse, One-Year Anniversary Council member Luis S. González presented to the owners of Woody's Roadhouse, Mike and Lori Miller, a recognition certificate recognizing their One-Year Anniversary. • SBVMWD - Recognition for Colton Water Conservation (DMI Program) San Bernardino Water District Board President, T. Milford Harrison, and Kelly Malloy, Strategic Communications Manager, from San Bernardino Valley Municipal Water District presented the Demand Management Incentive Check for Water Conservation to the Water Conservation Staff: Water/WW Operations Manager Bassam Alzammar and Ceceilia Greigo Sr. Water Conservation Specialist.

Mayor and Council Items
Gift Disclosures – None
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city (CMC Section 2.04.030).

AB 1234 Oral Reports - None
Members of the City Council shall provide brief reports on meetings attended at the expense of the city (GC Section 53232.3(d)).

Appointments
• Appointment - Voting Delegate and Alternate for the Annual League of California Cities Conference — September 23–25, 2026
Voting Delegate CM Echevarria and Alternate CM Gonzales were appointed by Majority consensus for the Annual League of California Cities Conference September 23–25, 2026. • Appointment - Youth Commissioner - Recreation & Parks Commission - Kimberly Huerta Youth Commissioner - Recreation & Parks Commission - Kimberly Huerta was appointed by unanimous consensus.

Mayor and Council Discussion Items
Public Hearings
There are no Public Hearing items.
______________________________________________________________________________________

Business Items
1) Naming of New Parks - Receive Recommendation from Recreation & Parks Commission to name new Colton Habitat Conservation Park and Sports Complex, Resolution R-74-26.

Staff Person: Deb Farrar
Staff Presentation
Deb Farrar, Community Services Director, presented to Council an overview of the agenda item.

Public Comment
The following community members addressed the Council:
• Angela Wilkenson
• Augie Caldera
• Mel Salazar
• Eugene Valdez
• Richard Dela Rosa
• Jimmy Ramirez

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Community Services Director, Deb Farrar.

Motion/Vote
A motion was made by CM Luis González, with a second by MPT Chastain, to approve and adopt Resolution No. R-74-26, to name the Colton Sports Complex, "Eloise Gómez Reyes Sports Complex - Juan Caldera Fields" and to also approve the working name to be "Colton Sports Complex."

A subsequent motion was made by MPTE Toro, with a second by Mayor Frank J. Navarro, to approve the name "Eloise Gómez Reyes Sports Complex," and to also approve to name the first portion of the soccer fields "Juan Caldera Fields."
Vote: Motion Fails with MPT Chastain, CM González, and CM Echevarria voting no.

Vote to approve the original motion that was made by CM Luis González, with a second by MPT Chastain, to approve and adopt Resolution No. R-74-26, to name the Colton Sports Complex, "Eloise Gómez Reyes Sports Complex - Juan Caldera Fields" and to also approve the working name to be "Colton Sports Complex."
Vote: Motion passes with MPTE Toro voting no.
______________________________________________________________________________________

Public Comment
The following community members addressed the Council:
• Tennie Teeple
• Mathew Hernendez
• Nick Zupkoska
• Yeti Camacho
Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 18.

Motion/Vote
A motion was made to Approve the Consent Calendar by CM González, with a second by MPT Chastain to approve the Calendar as presented.

Vote: Unanimous, Motion Passed
1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 4, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve voucher numbers 227609 to 227682 dated 07/09/2026 and totaling $351,334.58; voucher numbers 227683 to 227800 dated 07/16/2026 and totaling $427,758.19; voucher numbers 227801 to 227915 dated 07/23/2026 and totaling $2,799,015.99; wires dated 07/15/2026 and totaling $2,020,766.42 and a payroll disbursement listing dated 06/06/2026 to 06/19/2026 and totaling $1,449,923.29.

Staff Person: Stacey Dabbs
3) Agreement - Approve National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region Between the City of Colton, the County of San Bernardino, the San Bernardino County Flood Control District, and 15 Neighboring Jurisdictions.

Staff Person: Chad Blais
4) Bond - Approve Release of the Faithful Performance and Labor & Material Bonds for DAP- 001-683 (Two Industrial Buildings) at 12277 S. La Cadena Dr. – APN: 1167-071-03-0000.

Staff Person: Chad Blais

5) Bond - Approve Release of the Subdivision Improvement Faithful Performance Bond, Subdivision Improvement Labor and Material Bond, and Cash Deposit (Monumentation) Guaranteeing Performance for DAP-001-649, a 49 Unit Townhome Development Located at 1116 Santo Antonio Dr. Identified by APNs: 0276-561-01 through -57.

Staff Person: Chad Blais
6) Contract Amendment - Approve Amendment to the Enterprise Fleet Management Program Agreement with Enterprise Fleet Management, in the amount of $64,512.97.

Staff Person: Tom Miller
7) Contract Award - Approve multi-year Professional Services Agreement with Infinity Technologies in the amount of $265,000, annually.

Staff Person: Chad Blais
8) Contract Award - Award Contract to Pelican Coast Electric, Inc. for as-needed Utility Civil Work and Permitting Services in an amount of $300,000.

Staff Person: Tom Miller
9) Contract Award - Award Contract to TKE Engineering, Inc. for the Engineering and Design Services for the Sewer Manhole Flow Meter Project in the amount of $91,789.00.

Staff Person: Chad Blais
10) Contract Award - Award Contract to SCR Solutions LLC, for Specialized Field testing and Diagnostic Services at Agua Mansa Power Plant, in the amount of $76,900.00.

Staff Person: Tom Miller
11) Disposition - Disposal of Surplus Manufactured Home/Modular Unit, Resolution R-76-26.

Staff Person: Charles Berry
12) Early Care and Education - Approve and Adopt a Resolution to Amend Fiscal Year 2026/2027 Budget to Receive Additional Funding via SB 151, Resolution No. R-24-26.

Staff Person: Deb Farrar
13) Easement - Acceptance and Recordation of a Public Utility Easement at 1250 E. Cooley Drive.

Staff Person: Tom Miller

14) Notice of Completion - Approve the Execution and Recordation of the Notice of Completion for the Dauer Park Playground project completed by Great Western Installations, Inc.

Staff Person: Deb Farrar
15) Purchase - Approval of Annual Purchase Orders for Water and Wastewater Materials and Supplies for Fiscal Year 2026-27 in the amount of $360,000.

Staff Person: Chad Blais
16) Resolution - Approve and Adopt Resolutions of the City Council of Colton, California Ordering the Levy and Collection of Assessments for the Colton Landscape and Lighting Maintenance Assessment District No. I & II for Fiscal Year 2026-27, and Approve and Adopt Resolution Approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee for Fiscal Year 2026-27, Resolution No. R-77-26, R-78-26, & R-79-

26. Staff Person: Chad Blais
17) Resolution - Approve and Adopt a Resolution to Accept the Report of Cost for the 2025/2026 Weed Abatement Program and Authorize the Inclusion of These Costs on the San Bernardino County Assessor’s Tax Rolls for Collection, Resolution No. R-67-26.

Staff Person: Justin Weems
18) Ordinance - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amending Chapter 10.28 of the Colton Municipal Code to Establish Regulations for Bicycles, Electric Bicycles, Electric Off-Highway Motorcycles, and Similar Devices, Ordinance No. O-10-26.

Staff Person: Anthony Vega
______________________________________________________________________________________ City Manager's Reports - None
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:55 PM in memory of longtime Colton resident Ruben Vasquez; a moment of silence was observed in honor of his life and contributions to our community.

_________________________
Isaac T. Suchil, City Clerk
City of Colton

Item: 2.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 227916 to 227989 dated 07/29/2026 and totaling $95,915.71; voucher numbers 227990 to 228127 dated 07/30/2026 and totaling $2,472,533.58; wires dated 08/03/2026 and totaling $5,726,086.00; voucher numbers 228128 to 228283 dated 08/06/2026 and totaling $3,401.203.19; voided check number 228130 for $778,904.06 and a payroll disbursement listing dated 06/20/2026 to 07/03/2026 and totaling $1,912,488.03.

Recommended Action:

Approve voucher numbers 227916 to 227989 dated 07/29/2026 and totaling $95,915.71; voucher numbers 227990 to 228127 dated 07/30/2026 and totaling $2,472,533.58; wires dated 08/03/2026 and totaling $5,726,086.00; voucher numbers 228128 to 228283 dated 08/06/2026 and totaling $3,401.203.19; voided check number 228130 for $778,904.06 and a payroll disbursement listing dated 06/20/2026 to 07/03/2026 and totaling $1,912,488.03.

Background:

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

Issues/Analysis:

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

Fiscal Impacts:

None.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers

City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

Item: 3.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Contract Amendment - Approve Amendment No. 1 to the Animal Shelter Services Agreement with San Bernardino City.

Recommended Action:

1. Approve a change order in the amount of $101,000 for additional animal shelter service costs incurred during Fiscal Year 2025-26 under the existing Animal Shelter Services Agreement with the City of San Bernardino;

2. Approve Amendment No. 1 to the Animal Shelter Services Agreement with the City of San Bernardino, revising the operational cost-allocation and compensation structure effective July 1, 2026, under which the City of Colton will be responsible for its proportionate share of actual shelter operating costs and other applicable costs as provided for in the Agreement; and,

3. Authorize the City Manager, or designee, to execute Amendment No. 1 and any related documents and to approve and pay amounts due under the Agreement in accordance with its cost-allocation, reconciliation, and other compensation provisions, subject to sufficient budgetary appropriations.

Background:

The City of Colton currently contracts with the City of San Bernardino for animal shelter services. The agreement provides the City with sheltering and animal care services necessary to support the Colton Police Department's Animal Services operations.

In June 2024, the City of Colton entered into an Animal Shelter Services Agreement with the City of San Bernardino. The City of Colton and other participating jurisdictions also entered into a regional participation agreement establishing the conditions for animal shelter services, construction of a new regional shelter, and allocation of shared costs among the participating agencies.

The regional shelter model was established to provide participating jurisdictions with shared animal shelter services while allocating operational costs based on each agency's use of the shelter. Colton's continued participation provides access to shelter facilities, staffing, animal care, and other services necessary to meet the City's animal control and sheltering responsibilities.

Since implementation of the agreement, the City of San Bernardino has evaluated shelter utilization, staffing requirements, and the actual costs of operating the regional shelter system.

San Bernardino determined that changes in service utilization, increased operational expenses, and the existing cost-allocation methodology did not adequately account for the costs of providing animal shelter services. As a result, San Bernardino proposed Amendment No. 1 to revise the operational expense allocation and compensation structure for participating agencies, including the City of Colton.

Issues/Analysis:

The City of San Bernardino provides animal shelter services to Colton and several other jurisdictions through a regional cost-sharing model. Operational expenses are distributed among participating agencies based on each jurisdiction's shelter-use percentage.

San Bernardino has identified increased shelter operating costs, including staffing, employee benefits, facility operations, building maintenance, recruitment, security, and other indirect expenses. Changes in shelter utilization among participating agencies also require revision of the existing cost-allocation methodology so that operational expenses are distributed more accurately.

During Fiscal Year 2025-26, the City incurred animal shelter service costs that exceeded the amount available under the existing purchase order. A change order of $101,000 is therefore required to satisfy the City's remaining Fiscal Year 2025-26 obligations under the current agreement. This $101,000 change order is separate from Amendment No. 1 and will be funded through the Fiscal Year 2025-26 appropriations.

Amendment No. 1 becomes effective July 1, 2026, and establishes a revised cost-allocation and compensation methodology for Fiscal Year 2026-27 and future years. Under the amendment, Colton's proportional share of annual shelter operating expenses will be based on its shelter-use percentage from the prior fiscal year. San Bernardino will invoice Colton quarterly and, following the close of each fiscal year, will recalculate the City's actual shelter-use percentage and reconcile the amount billed with actual use.

The revised methodology includes a three percent annual adjustment for operational and service expenses not otherwise captured during the fiscal year. If Colton's actual shelter use exceeds the percentage used for quarterly billing, the City may be invoiced for the difference. If actual use is lower, the overbilled amount will be credited toward future payments. The amendment also permits certain additional services to be billed at actual cost, including livestock care, emergency veterinary services, specialized treatment or necropsies, additional deceased-animal disposal, veterinary supplies, pet food, and other indirect operational expenses.

Based on Colton's current shelter-use rate of approximately 5.4%, the revised cost-sharing methodology is estimated to result in additional billing of $290,817.49 during Fiscal Year 2026- 27, subject to the City's proportionate share of actual costs.

Staff recommends approval of Amendment No. 1 to maintain uninterrupted animal shelter services and continue the City's participation in the regional shelter partnership.

Fiscal Impacts:

Sufficient appropriations are available in the FY2025-26 adopted Police Department General Fund budget to fund the change order, with the remaining appropriations to be carried forward to FY2026-27 for the contract amendment.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Amendment No. 1 to the Regional Partnership Agreement Colton

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AMENDMENT NO. 1 TO

ANIMAL SHELTER SERVICES AGREEMENT

WITH THE CITY OF COLTON

This Amendment No. 1 to the Animal Shelter Services Agreement for is made and entered into as of July 1, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and the City of Colton, a municipal corporation (“Shelter Partner”). City and Shelter Partner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Shelter Partner have entered into an agreement, dated June 1, 2024, for the purpose of providing animal shelter services (the “Original Agreement”);
B. WHEREAS, the City, the Shelter Partner and the cities of Fontana, Grand Terrance, Loma Linda, Colton and Rialto ( individually, “Participant”, collectively, the "Participants" ), have entered into an agreement, dated July 1, 2024, for the purpose of memorializing conditions of the animal shelter services, constructing a new shelter, and establishing cost-sharing allocations (the “Participation Agreement”); C. WHEREAS, the City retained the right to renegotiate the terms and amend expense amounts and billing costs of the Participation Agreement and the Original Agreement as needed to reflect relevant factors;
D. WHEREAS, given changes in levels of use , increased costs, and inability to adequately account for costs incurred, the City chooses to exercise that right, and the Shelter Partner consents to the proposed changes;
E. WHEREAS, the Parties now desire to amend the Original Agreement in order to revise the monthly billing amounts and ensure accurate cost-sharing amounts.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Operational Expenses. Section I. E.1 “Allocation of Operational Expenses” shall be removed in its entirety and replaced with the following:
“The operational cost for Services owing pursuant to this Agreement, calculated with respect to Shelter Partner, each remaining Participant, and the City, shall include their portion of the following costs, calculated and

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assessed on a quarterly basis: (1) all annual costs of operation of the Shelters, including salaries and benefits for all shelter staff, including administrative staff, that contribute to the operation of the Shelters, and (2) other indirect costs related to the operation of the shelters, including but not limited to building maintenance, budgeting, recruitment, and security expenses .

An estimated amount for staff salaries, staff benefits, and indirect costs are depicted in Exhibit D attached hereto and incorporated herein by reference. These estimates are subject to reasonable modification to reflect factors including, but not limited to, a necessary increase in shelter staff and the number of cities that elect to procure Services from the City and such cities’ usage needs. Shelter Partner acknowledges that the division of all operational costs among the Participants allows for costs efficiencies and operational savings to each Participant and that each Participant has entered into their respective Services Agreements in reliance on such shared costs and resulting savings. Each Participant, to provide assurance of such continued cost efficiencies to each remaining Party, hereby expresses its commitment to procure Services from the City for a period of three (3) years with an opportunity to extend the agreement for an additional two (2) one (1) year periods and acknowledges the financial burden that any breach of this commitment would have on all other Parties. To that end this Services Agreement shall each provide for a three (3) year term of service in accordance with Section II of this Agreement.”

3. Compensation for Services. Section III shall be removed in its entirety and replaced with the following:
“Shelter Partner shall reimburse City for the services performed and the expenses incurred in accordance with Exhibit E, “Updated Compensation for Animal Care Shelter Services”, attached hereto and incorporated herein by reference. City shall invoice Shelter Partner on a quarterly basis for such Services, based upon Shelter Partner’s use percentage from the prior fiscal year. Upon closing of the each fiscal year, the City shall recalculate Shelter Partner’s actual use percentage, and impose an additional three (3) percent annual fee onto the Shelter Partner, based upon those actual use amounts.

City shall invoice Shelter Partner additional costs based upon the difference between their prior and actual use percentages. If Shelter Partner’s actual use percentage is lower than the prior fiscal year percentage used, the City shall calculate the difference over -billed and notify Shelter Partner of the amount (said amount shall be credited to Shelter Partner’s future payments.) Payment shall be due and payable by Shelter Partner within 30 days following its receipt of the City’s invoice. Shelter Partner acknowledges that payments for Services does not reduce or offset amounts owing towards the Improvements.”

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4. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Estimated Salaries of Shelter Staff.”

5. Amendment to Exhibit E. Exhibit E shall be removed in its entirety and replaced with the attachment, “Exhibit E: Updated Compensation for Animal Care Shelter Services.”

6. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

7. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

8. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE ANIMAL SHELTER SERVICES AGREEMENT

WITH THE CITY OF COLTON

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO,
a charter city and municipal corporation

By:__________________________
Eric Levitt
City Manager

CITY OF COLTON ,
a municipal corporation

By:__________________________
William Smith
City Manager

ATTEST:

By:___________________________
Telicia Lopez
City Clerk

ATTEST:

By:___________________________
Isaac T. Suchil
City Clerk

APPROVED AS TO FORM:

By:___________________________
Thomas Rice
City Attorney

APPROVED AS TO FORM:

By:___________________________
Carlos Campos
City Attorney

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EXHIBIT D

UPDATED ESTIMATED ADDITIONAL COSTS

Each Participant’s percentage share is based upon their use percentage from the prior fiscal year.

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EXHIBIT E

UPDATED COMPENSATION FOR ANIMAL CARE SHELTER SERVICES

The Shelter Partner, City of Colton shall be billed on a quarterly basis, based on their percentage of share from Exhibit D, for actual staffing costs, other shelter related expenses, and all indirect costs. The City shall send an itemized billing to the shelter partner at the beginning of each quarter for services rendered in the preceding three- month period. Payment is due to City by the Shelter Partner within 30 calendar days of their receipt of the invoice.

Upon closing of the current fiscal year, the City shall calculate Shelter Partner’s actual use percentage, which will include a three (3) percent CPI annual fee to account for uncaptured operational and service expenses, and invoice Shelter Partner for additional “true-up” costs based upon the difference between their prior and actual use percentages. If Shelter Partner’s actual use percentage is lower than the prior fiscal year percentage used, the City shall calculate the difference over-billed and notify Shelter Partner of the amount. Said amount shall be credited to Shelter Partner’s future payment(s).

Additional Costs which may be billed to Shelter Partners at actual cost:
• Livestock, including domestic cattle and equine to be housed and cared for at contracted stables.
• Emergency veterinary visits at contracted veterinary hospitals to be approved by Shelter Partner for after-hours emergencies and Animal Cruelty cases where specialized treatment or necropsies are necessary.
• Extra deceased animal disposal requests from Shelter Partner, including large livestock disposals located in Shelter Partner’s Jurisdiction. • Additional supplies as needed, including veterinary medical supplies and pet food at cost.
• Other indirect costs accrued over a billing period, including building maintenance and budgeting fees.

Item: 4.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Justin Weems, Fire Chief
Item Name: Contract Amendment - Approve the final one-year extension of the professional services agreement with fire apparatus solutions for fire apparatus maintenance and repair services in the amount of $175,000.00.

Recommended Action:

1. Approve the final one-year extension of the existing Professional Services Agreement with Fire Apparatus Solutions for fire apparatus maintenance and repair services.

2. Authorize the City Manager or designee to execute the contract amendment and all related documents, including non-substantive changes as approved by City Attorney.

Background:

In June 2022, the City Council approved a Professional Services Agreement with Fire Apparatus Solutions (FAS) for maintenance and repair of the Fire Department’s emergency response fleet.

The agreement included an initial three-year term with two optional one-year extensions. The City has exercised the first extension, and staff is requesting approval of the final one-year extension to ensure uninterrupted fleet maintenance services.

FAS specializes in fire apparatus and emergency vehicle maintenance and has consistently met or exceeded the Fire Department’s expectations for quality, responsiveness, and technical expertise. Services include preventative maintenance, emergency and specialized repairs, warranty support, diagnostics, and annual pump testing. FAS also provides similar services to several Southern California fire agencies, including Rialto, Loma Linda, and Vernon.

Issues/Analysis:

Maintaining the Fire Department’s emergency response fleet in a safe and reliable condition is essential to emergency operations and firefighter safety. Fire Apparatus Solutions (FAS) provides specialized preventative maintenance, repairs, diagnostics, annual pump testing, and emergency services for the Department’s fleet. FAS has consistently provided reliable service, reduced apparatus downtime, and demonstrated the specialized expertise necessary to maintain modern fire apparatus.

During the prior budget process, the annual funding for FAS was increased from $150,000 to $175,000 to address the maintenance needs of the Department’s expanding and aging fleet.

Because the requested contract amount now exceeds the City Manager's 10% increase authority, City Council approval is required.

Staff recommends approval of the final one-year contract extension with FAS in an amount not to exceed $175,000 to ensure uninterrupted maintenance and repair services for the Fire Department’s emergency response fleet.

Fiscal Impacts:

Sufficient appropriations for these services are available in the Fiscal Year 2026-2027 Adopted Budget in General Fund Fire Department Operations Vehicle Maintenance account number 100- 6090-6071-2210-0000-000. Approval of this contract extension does not require any additional appropriations.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Maintenance Agreement

Item: 5.

Staff Report

Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Justin Weems, Fire Chief
Item Name: Contract Award - Approve the Selection of Sustainable Mitigation to Provide Fire Department Weed Abatement Services.

Recommended Action:

Authorize the City Manager to execute a Professional Services Agreement for a three-year term, with the option of two one-year extensions, and to make any non-substantive changes as approved by the City Attorney, in an amount not to exceed $55,000 per contract year and $275,000 over the full term of the agreement.

Background:

On August 6, 2024, the City Council adopted Resolution R-82-24, designating weeds, rubbish, and trash as public nuisances, and transitioning the City's weed abatement program to a year- round enforcement model under the direction of the Fire Chief, consistent with Colton Municipal Code Chapter 8.06. Parcels not brought into compliance by their owners are abated by a city contractor, with costs billed to the property owner and unpaid balances added to the San Bernardino County Assessor's Tax Rolls for collection.

The City's ability to enforce the program on schedule depends on a qualified contractor to perform disking, mowing, and hand crew work on noncompliant parcels. To secure these services, the Fire Department released a Request for Qualifications (RFQ) for Fire Department Weed Abatement Services, Solicitation No. PUR-26-01, published on Bid Net Direct on April 16, 2026, with Statements of Qualifications (SOQs) due May 14, 2026. The solicitation documents were downloaded by 30 organizations, including weed abatement, vegetation management, and landscape contractors throughout Southern California.

Issues/Analysis:

The city received multiple statements of qualifications in response to the RFQ. In accordance with the Colton Municipal Code, a selection committee of City staff reviewed and ranked the submittals on a best-value basis, considering the ability to provide services, previous performance and references, consistency with current equipment and standards, and value-added offerings.

The following firms submitted responsive statements of qualifications, ranked by the selection committee as follows:

1. Sustainable Mitigation, Angelus Oaks, CA. Disking $200 per acre, mowing $175 per acre.

2. ACE Tree Enterprise, LLC, Colton, CA. Disking $340 per acre, mowing $661 per acre.

3. Julian Tree Care Inc., Richmond, CA. Disking $485 per acre, mowing $575 per acre.

Because weed abatement is billed on a per-parcel basis against actual acreage and conditions, these rates are best understood in relation to the City's typical program volume. Applied to the scope of the prior year's program, Sustainable Mitigation's rates represent the lowest overall cost to the City among the three respondents, with ACE Tree Enterprise and Julian Tree Care progressively higher. The City's prior contractor, Rodriguez Disking, did not respond to this solicitation.

Sustainable Mitigation ranked highest among the respondents. The firm specializes exclusively in weed abatement and fuel hazard reduction work for public agencies. Its operations are centered on tractor-based disking and mowing supported by hand crews, with six dedicated field crews capable of running concurrent assignments. The firm's Inland Empire yard in Mentone positions it to meet the City's 48-hour response requirement, and its documentation practices, including before-and-after photographs organized by parcel number, align with the scope of work requirements. Reference checks with current public agency clients, including the County of San Bernardino, the County of Los Angeles, and the cities of Redlands, Beaumont, and Paso Robles, reflected consistent, satisfactory performance on similar vegetation management contracts.

Beyond ranking highest on best value, Sustainable Mitigation is also the strongest operational fit for the City's program. The firm's equipment, crew structure, and response capability align directly with the volume, timelines, and parcel conditions the Fire Department manages under the year-round abatement program. Staff recommends awarding the agreement to Sustainable Mitigation as both the best value and the best fit for the City's needs.

Fiscal Impacts:

The agreement is for an initial three-year term commencing July 1, 2026, with the potential for two one-year extensions through June 30, 2031. The contract value is up to $55,000 for any given contract year, with an anticipated total agreement value of up to $275,000, consistent with the current weed abatement account budget. Sufficient appropriations for the FY2026-27 term

are available in the adopted budget in General Fund Fire Department Weed Abatement Professional Services Account Number 100-6090-6093-2350-0000-000. Future contract amounts will be included in the department-requested budget. Abatement and administrative costs are billed to property owners, with unpaid balances added to the San Bernardino County Assessor's Tax Rolls for collection in accordance with Resolution R-82-24.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. RFQ Weed Abatement Services 2026 Final

2. PUR-26-01

3. Sustainable Mitigation - SOQ Weed abatement services

REQUEST FOR QUALIFICATIONS
FOR

FIRE DEPARTMENT OUTSIDE WEED ABATEMENT

SERVICES

April 2026

CITY OF COLTON
City of Colton Fire Department
303 East E Street
COLTON, CA 92324

RFQ Number:

Any questions relative to this project should be directed to:

Jon Boggs ,Battalion Chief/Fire Marshal [email protected] Questions relative to the RFQ process should be directed to:

Stacey Dabbs, Finance Director [email protected]

THE CITY OF COLTON ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN

OWNED BUSINESSES

Submittal Deadline: May 14, 2026, 5:00 p.m.

FIRE DEPARTMENT OUTSIDE WEED ABATEMENT

SERVICES

The City of Colton is requesting Statements of Qualifications (SOQ) from qualified contractors to enter into an agreement for as-needed fire department outside weed abatement services.

Agreements with individual contractors will have a three-year period with the potential for two one-year extensions. The potential contract value for each agreement will be up to $55,000 for any given contract year, with the anticipated total agreement value up to $275,000. A list of the scope of services is attached.

To be considered for selection, qualifications must be submitted to the Office of The Fire Marshal, of the City of Colton, 303 East E Street, Colton, CA 92324, at or before 5:00 p.m. on M a y 14, 2026.

Please review your entire package before submitting qualifications. Incomplete submissions may be rejected as non-responsive.

In accordance with the Colton Municipal Code, awards shall be based on a best value evaluation. Criteria used for the evaluation will include ability to provide services, previous performance and references, consistency with current equipment and standards, and unspecified value-added offerings by the bidder. The city expects to select one vendor from the list of bidders.

The successful bidder will be expected to sign a contract. A sample contract is attached. The final contract will include this request for qualification and the successful bidder’s response.

Please do not execute the contract at this time.

The City of Colton reserves the right to reject any or all qualifications or any part of the proposal, to waive minor defects or technicalities, or to solicit new qualifications on the same project or a modified project. Please read the insurance requirements and general provisions carefully, they are part of your proposal, and you must show proof of insurance and licensing to be considered a successful bidder.

CONTENTS OF THE STATEMENT OF QUALIFICATIONS:

The SOQ shall include the following items in the order listed:

1. Company Experience – Provide a summary of projects that are similar in scope to the types of projects and services noted herein. The summary should include a brief description of past agencies served, the name of your fire department contact and staff that serviced the contract, and the name and current phone number of the city’s contract administrator.

2. Associate Team - Provide the names and qualifications of the key individuals that will be responsible for the coordination and production of these services, their respective roles and the organizational structure of the team. Technical support staff should be included if they will perform a significant role in the preparation of the work products. The office of record for each team member shall be listed as well as the primary office location where the work is to be performed.

3. Project Approach – Provide a summary of the firm’s proposed approach to typical plan review projects including a description of quality assurance and schedule control measures to be utilized. It is quite likely that during the course of the contract, the consultant will have multiple project tasks active at the same time. Describe how you will manage the efficient completion of concurrent tasks/projects and provide references relative to your past success in this regard.

For information regarding the work to be performed, contact Battalion Chief/Fire Marshal Jon Boggs at (909) 370-5553.

SELECTION PROCEDURE:

Statements of Qualifications will be reviewed and ranked by a selection committee composed of City of Colton staff members. Ranking will be based on factors listed above, as well as additional relevant information, clarity, neatness, and overall quality of the response. The SOQ is to be single-sided and no longer than 25 pages in length. All qualifying certificates shall be added as an attachment to the RFQ and will not count toward the 25 pages.

After discussion and ranking by the selection committee, one (1) firm may be selected to negotiate an agreement. If necessary, and at the sole option of the City, the top contractors may be invited to an interview prior to final selection. If the city selects this approach, sufficient time will be given to the firms to prepare for the interview.

A copy of the city’s professional services agreement is attached for your review. The form of this agreement will not be subject to negotiations; therefore, if you are not able to sign this agreement do not submit a Statement of Qualifications.

SUBMITTAL:

Submit via email one (1) rate sheet, (Attachment “C”), and one (1) Certification of Firm’s Acceptance of City of Colton Standard Professional Services Agreement in a separate attachment and one (1) copy of your Statement of Qualifications (without the rate sheet) no later than 5:00 P.M., May 14, 2026, addressed to: [email protected]

Jon Boggs

CITY OF COLTON
Community Risk Reduction

DIVISION
303 EAST E STREET
COLTON, CA 92324

SOQs received after the specified time will not be considered and will be returned to the contractor. If you have any questions regarding the process, please email Jon Boggs at [email protected]. Thank you for your interest and we look forward to reviewing your Statement of Qualifications.

Jon Boggs
Battalion Chief/Fire Marshal
Community Risk Reduction Division

Attachment “A” Consultant Selection Schedule
Attachment “B” Scope of Work
Attachment “C” Rate Sheet
Attachment “D” Certification of Firm’s Acceptance of City of Colton Standard Professional Services Agreement
Attachment “E” City of Colton Minimum Insurance Requirements Attachment “F” City of Colton Sample Professional Services Agreement

Attachment “A”

Consultant Selection Process Schedule

Thursday, April 23, 2026, Release RFQ

Thursday, May 7, 2026, Last day to submit questions on RFQ Monday, May 11, 2026, Questions, and responses to bidders Thursday, May 14, 2026 (5:00 PDT) Receive SOQ’S from Consultants Week of May 25th, 2026, Interviews, if necessary First of June 2026, Selection and Notification
June 15, 2026, Approval of Contract

The above timeframes are estimates only (except the SOQ due date/time).

Attachment “B”
Scope of Work

1. Disking
Weed abatement by disking shall be accomplished by cultivating with a double-throw disk at sufficient depth turning and loosening the soil, placing all weeds under the soil surface. Disking is the plowing of weeds using reasonable care so as not to disturb under/over ground utilities, destruction to fencing, trees, bushes, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent plowing of land.

All parcels five (5) acres or less shall be disked twice or mowed in such a manner as to completely eliminate all standing weeds or as agreed. The area that has been disked, mowed or scraped shall have a minimum of 75% dirt showing upon completion. Parcels over five acres shall be abated in accordance with the Fire Marshal’s instructions.

Disking is to be done on corners of lots, close to sidewalks, fences, curbs, streets, and obstructions as is possible and practical.

Refuse deposited on parcels shall be removed prior to the abatement of that parcel. All dirt or refuse deposited upon public sidewalks, private sidewalks, curbs and gutters resulting from the Contractor’s operations shall be thoroughly cleaned as the work progresses.

1.1 Cross Disking – Where the nature of the soil is such that it is not receptive to the cutting edge of the disks, the area shall be cross-disked to reduce the magnitude of any exposed combustibles.

1.2 Dust Control – It shall be the Contractor’s sole responsibility to comply with Federal, State, and Local laws, Regulations and Ordinances including but not limited to South Coast Air Quality Management Division Rule 403.

2 Standard for Clearing
Clearing of land shall be done in accordance with City of Colton Municipal Code 8.06.

2.1 Contractor shall furnish tractors, discs and flail mowers in all areas suitable to complete the job of disking property. The Contractor shall provide transportation to and from job sites, for their equipment and all necessary fuel, etc., at his/her expense.

2.2 Contractor shall at his/her own expense submit before and after photographs of each parcel within one (1) week of completion of the job. Photographs shall include identifying land markers, white board with a ruler, date and parcel number and will be given to the Fire Marshal as verification that the job has been completed. Larger parcels may require more than three (3) photos. It is recommended that digital be used to ensure that photographs are clear enough to use as evidence of completion of work.

Contractor will not be paid for their services until these photographs have been

provided and accepted as satisfactory work by the Fire Department. Photos submitted shall be in order of before then after with all submitted photos listed in numeric order by parcel number with each photo clearly saved with the parcel number as the identifier.

2.3 The Contractor shall not miss more than two (2) consecutive days or more than five (5) days out of twenty (20) days, when work has been assigned, regardless of the reasons (i.e. equipment failure, illness, etc).

2.4 The Contractor will be required to provide disking services within forty-eight (48) hours of notification of a need for these services. If the Contractor cannot provide these services within this time frame due to equipment breakdown, over-scheduling, etc, the City may contact a secondary Contractor to provide these services.

2.5 Where there are locked gates to the property, the Contractor will be given instructions on how to enter the property. The Contractor will be responsible for any damage done not in accordance to give instructions. All disking services must be coordinated through the Fire Department and performed during the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays.

2.6 AQMD RULE 403 Exemptions
The Provisions of the Rule (403) shall not apply to:
(H) Weed abatement operations ordered by a county agricultural commissioner or state, county, or municipal fire department, provided that:
(i) Mowing cutting or other similar process is used which maintains weed stubble at three inches above the soil; and
(ii) Any disking or similar operation which cuts into and disturbs the soil, where watering is used prior to initiation of these activities and a determination is made by the agency issuing the weed abatement order that, due to fire hazard conditions, rocks or other physical obstructions, it is not practical to meet the conditions specified in AQMD rule 403 clause (g)(H)(i). The provisions this clause shall not exempt the owner of any property from stabilizing, in accordance with paragraph (d)(2), Disturbed surface areas which have been created as a result of the weed abatement actions.

3 Hand Cleaning and Hauling
Whenever it is impractical by reason of topography, location of trees, sprinkler systems, shrubbery, buildings, fences or type of vegetation cover to disk and when authorized by the City Fire Chief or his representatives as set forth in Ordinance 8.06, the vegetation shall be removed or thinned by hand labor using hand labor-type tools. Some hand labor may be required on all parcels. The Fire Marshal will specify the degree of hand labor to be accomplished on any parcel.

Weeds shall be cut to within three (3) inches of the finished soil surface with an approved mechanical mower unless otherwise approved by the Fire Chief. Mowing shall only be done when so directed by the Fire Marshal.

3.1 A minimum of a size (2) person hand-crew with supervision, transportation and tools will be available. Additional crewmembers may be necessary to complete work. Contractor must have sufficient additional resources available to accommodate additional work requirements, as requested by the Fire Department.

3.2 Bidding for hand-labor shall be covered by a single bid, based on square footage.

Payments shall be based on measurements, to the nearest hundred (100) square feet, taken by the Inspector and the Contractor. The unit bid price for hand cleaning shall include full compensation for furnishing all labor, materials, tools and equipment for cutting the weeds, loading the materials into trucks and hauling them to a disposal site.

All bid prices shall include all dump/disposal fees.

3.3 Hand cleaning charges on parcels to be cleaned will include the loading and hauling of vegetative materials and/or rubbish that are to be removed to the nearest approved site, and all disposal fees. All materials hauled to the approved site shall be covered according to local codes.

3.4 Some parcels will only require partial cleaning. That area which is cleaned will be measured and applicable unit rate will apply.

3.5 If it were determined by the Fire Department that a second cleaning or partial cleaning is necessary, the work would occur at any time. The existing rates would apply, and the Contractor shall be prepared to start work upon seven (7) calendar days’ notice.

3.6 The Contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. The Hand-crew Supervisor will stock spare replacement parts that commonly fail or are lost. All Supervisors will have portable water readily available at all times for each crewmember.

3.7 Gas weed eaters with adequate supplies and parts for repairs must be supplied for hand crews. Each hand crew must have one (1) gas powered weed eater for every two persons: for example: a four (4) person crew must be supplied with two (2) weed eaters, etc. A sufficient reserve of weed eaters shall be available to eliminate down time.

3.8 Suitable flatbed hydraulic dump trucks with high sides for hauling are to be provided throughout the handwork operation are to be operated and maintained at the expense of the Contractor. All trimmings and rubbish shall be hauled to an approved mulching site at the Contractor’s expense.

3.9 The material cut down by hand labor shall be disposed of by disking under or hauling the material to a mulching site. The Contractor will be responsible for all dump disposal fees. The loading of materials removed from the lot to be accomplished as cleaning is completed. No materials will be left on the lot for later pick up, as this would not remove the fire hazard.

3.10 Edging shall be done when so directed.

3.11 When mowing is required for tumbleweed abatement, the occasional tumbleweeds that are out of reach of the mower (along fences, banks, etc.) will be picked by hand and placed where they will be abated by the mower.

Tumbleweed burning when practical may be used to abate tumbleweeds. Minimum requirements:

a) Adequate water supply
b) A separately issued burning permit from the Fire Department c) Hand Tools

4 Equipment
Contractor shall be capable of providing a minimum of four (4) tractors, Case 970 or equivalent.

Disc – the discs shall be hydraulically controlled and of a pull type to permit efficient turning either right or left, with not less than a maintained twenty (20) inch diameter cutting type blade. Discs shall be not less than eight (8) feet wide and weighing at least 4500 pounds unless otherwise approved by the Fire Chief.

Mowers – Mowers shall be of the flail or rotary type, eight (8) foot heavy duty or as approved by the Fire Chief.

Weed Cutter – Two (2) gas powered string trimmers per hand-crew.

Hand tools and safety equipment as needed (rake, hoe, etc.)

ALL EQUIPMENT WILL BE SUBJECT TO VISUAL INSPECTION BY THE FIRE DEPARTMENT.

5 Additional Requirements
It will be the responsibility of the Contractor to keep an accurate account of the names of his/her employees as well as the dates, locations, and the types of work they performed. This information must be submitted to the City of Colton Fire Department in a manner and length of time required by law.

5.1 All personnel (labor) will be furnished by the Contractor. Each worker will be able to perform his/her duties in a manner that will not endanger the employees’ health or safety or the health and safety of others and be attired with appropriate protective clothing and footwear. The Contractor will furnish gloves, safety glasses, hearing protection, and any other safety equipment that is necessary for this type of work. The Contractor shall provide safe and healthful working conditions and transport equipment and shall at all times comply with OSHA requirements. All trucks shall be equipped with rear flashing amber warning lights and traffic control cones.

5.2 In the event the Contractor employs Subcontractors for any phase of the weed abatement cleaning, the Contractor shall make the intent known to the City Purchasing Manager and the Fire Department. All Subcontractors will answer to the General Contractor and will be subject to the same terms and conditions of the applicable sections of the resulting contract as would apply to the Contractor. The Contractor shall be responsible for payment directly to any Subcontractors employed to carry out any aspect of the

resulting contract. The Contractor shall not subcontract or assign the performance of any service under the resulting contract, unless indicated in their Bid Response.

5.3 All handwork will be completed within a timeframe specified by the Fire Marshal. This time frame will be based on the amount of work to be accomplished.

5.4 Proof of General Liability Insurance will be provided by the Contractor prior to any work being started and shall remain in effect through term of the resulting contract. The City of Colton will be named as additional insured.

5.5 No employee drinking alcohol or under the influence of alcohol and/or drugs shall be allowed to participate in the performance of the resulting Contract, nor shall any employee bring alcohol and/or drugs onto the work location required by the resulting Contract. The Contractor agrees to remove immediately and replace any employee whose conduct and/or workmanship are in any way unsatisfactory to the City.

5.6 The Contractor at his/her own expense will furnish supervision of hand-crews. All Supervisors must be able to communicate (speak, read, and write) with the inspector in the English language.

5.7 The price of hauling materials to the nearest mulching site will include the trucks maintained in good mechanical condition, the Operator (and helper if provided) of the truck, and all dump/disposal fees. Responsive bidders will identify the Disposal Site(s) to be used in the performance of this effort in their bid response.

5.8 Travel time between properties and/or to and from the disposal location shall not be charged. This charge is to be included in the unit rate.

5.9 The work, labor and/or materials which the Bidder proposed to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State and local regulatory commissions, whether such equipment and/or safety features have been specifically outlined/required in the specifications or not.

5.10 All cleanings must meet the specification of the City of Colton Fire Department and must be approved in writing by the Fire Marshal.

5.11 The Contractor shall accept sole responsibility for compliance with Federal, State and Local laws, Regulations and Ordinances including but not limited to South Coast Air Quality Management Division Rule 403.

6. Definitions

6.1 Parkways – Any area located between the curb and a sidewalk, or a center medium of a roadway or street.

6.2 Alleyways – That area along the back or side of property which traffic can pass.

6.3 Easements – A right held by one person in land owned by another, e.g., road frontage, utility poles and lines, alleyways.

Roadsides – Those areas that do not have curbs and sidewalks and require work on the unimproved portions.

7 Time Requirements

Year-round weed abatement services shall be provided by the Contractor. Most of the abatement work shall be performed during the months of April and May of each calendar year, with additional abatement activities conducted on an as-needed basis throughout the remainder of the year.

Contractor shall submit one (1) consolidated invoice listing all parcels abated, in order by Assessor Parcel Number (APN), with all charges clearly detailed. Said invoice shall be submitted to the Office of the Fire Marshal no later than June 3rd of each year.

Attachment “C”

Contractor Rate Sheet

A rate sheet detailing proposed weed abatement fees shall be submitted.

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City of Colton Fire Department
REQUEST FOR QUALIFICATIONS Outside Plan Review Services

ATTACHMENT “D”

CERTIFICATION OF FIRM’S ACCEPTANCE
OF CITY OF COLTON’S STANDARD AGREEMENT
AND PROPOSAL FOR MODIFICATION OF TERMS (if any)

By signing this form below, the firm certifies that the attached Agreement in Appendix F is acceptable to the firm and will be signed upon selection of the firm to perform consulting services for the City of Colton, except for requests for modification of the agreement (if any), as specifically described below (or listing modifications by number that refer to attached sheets, if necessary).

Name and Signature of Firm’s Management Representative authorized to sign an Agreement:

__________________________________ _________________________________ Name Title

___________________________________________ ______________________ Signature Date

Firm Name: _______________________________________________________________

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Attachment “E”

CITY OF COLTON

INSURANCE REQUIREMENTS

FOR CONSULTANTS

Consultant shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employers’ Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employers’ Liability limits of $1,000,000 per accident for bodily injury or disease

Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

General Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it.

Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it.

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Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the consultant.

All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

Professional Liability Insurance. All architects, engineers, consultants or design professionals shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section.

Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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Attachment “F”

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of _____, _____, by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 (“City”) and ________________, with its principal place of business at ________ (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Fire Life Safety Plan Check and Consultation services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the Professional Plan Review Services and Consultation (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Professional Plan Review Services and Consultation services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from _____ to _____, unless earlier terminated as provided herein. Thereafter, the City of Colton and ______ may agree for additional one (1) year periods on the same terms and conditions herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: LISTED ON ATTACHMENT

3.2.5 City’s Representative. The City hereby designates Fire Chief Tim McHargue, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”).

City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract.

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates _______, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods,

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techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and sub consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and sub consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement,

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Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Sub consultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and sub consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or sub consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. To the extent applicable, Consultant must fully

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comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.

(A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

(B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any sub consultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the sub

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consultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or sub consultants. Consultant shall also require all of its sub consultants to procure and maintain the same insurance for the duration of the Agreement.

Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 MINIMUM per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements. The insurance policies shall contain

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the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.