Cities Index.
Agenda packet

Colton City Council
September 15, 2026

Document
Agenda packet
Meeting
September 15, 2026
Body
Colton City Council
Pages
411
Original file
45.9 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

pricing, and installation costs. No additional appropriation is requested as part of this action.

Alternatives:

Provide alternate direction to staff.

Attachments:

None

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Item: 8.

Staff Report

Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Assistant City Manager
Item Name: Legislative Policy 2027 - Approve Legislative Policy for the 2027 Legislative Year.

Recommended Action:

Adopt the 2027 City of Colton Legislative Policy.

Background:

As part of the City’s ongoing legislative advocacy efforts, the City has established a formal legislative program to promote and protect the specific interests of the City of Colton.

Accordingly, staff is presenting a comprehensive legislative program to guide the City’s legislative activities during calendar year 2027.

The attached Legislative Policy outlines the City’s overall legislative program, including, but not limited to, legislative positions, appropriation priorities, City Council and staff responsibilities, and the use of legislative advocates and lobbyists. As stated in the Legislative Program’s Purpose Statement, “the purpose of the City of Colton’s Legislative Year 2027 Program is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.”

In practice, the City receives numerous legislative requests for support or opposition from advocacy organizations, other cities sponsoring legislation, and special interest groups. Because these requests are often time-sensitive, staff must be able to respond promptly without requiring individual City Council action on each matter. Establishing clear policy positions on routine legislative issues that affect cities allows staff to prepare appropriate correspondence for the Mayor’s signature or respond to legislative inquiries consistent with the City’s established position.

Matters that are not clearly addressed in the City’s Legislative Policy will continue to be presented to the full City Council for consideration on a case-by-case basis. The general

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philosophy of the Program is to protect local or home rule; oppose unfunded State and County mandates; oppose government interference in the private sector; oppose legislation that the City deems as “job-killer” or “anti-business” and, to protect and stabilize current City revenue sources.

The City of Colton Legislative Year 2027 Program has been reviewed by the City Council, as well as the City’s executive staff team and the City Attorney.

Issues/Analysis:

The Legislative Policy includes a broad range of legislative positions for City Council consideration. Since providing the rationale for each position within this staff report would be unnecessarily lengthy, staff will be available during agenda review to provide additional information and respond to questions regarding any specific legislative position.

Fiscal Impacts:

There is no direct fiscal impact associated with adoption of the 2027 Colton Legislative Policy.

The City Manager’s Office will coordinate implementation of the Legislative Policy, with the primary impact being the staff time necessary to monitor legislative activities, coordinate advocacy efforts, and respond to legislative matters.

Any costs associated with additional legislative advocacy, including travel or other necessary expenses incurred by City Council Members or staff, will be considered through the City’s annual budget process or presented to the City Council for consideration on a case-by-case basis, as appropriate.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. 2027 Legislative Policy

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City of Colton
Legislative Year
2027 Program

Frank J. Navarro, Mayor
David J. Toro, Council Member, District 1
Kelly J. Chastain, Council Member, District 2
Dr. Luis S. González, Council Member, District 3
John R. Echevarria, Council Member, District 4

William R. Smith, City Manager

PURPOSE STATEMENT

The purpose of the City of Colton's Legislative Year 20 27 Program is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.

PROGRAM GOALS AND OBJECTIVES

The primary goal of the Legislative Program is for the City Council to adopt official City positions on clearly stated legislative issues prior to the start of the legislative session. By doing this, the legislative approval process is streamlined and eliminates the need for repetitive concurrence and direction from the City Council on previously approved issues.

A secondary objective is to implement a process that ensures that the City Council provides input and direction on legislative issues that have not been previously reviewed by the City Council. This objective will ensure that staff will seek the Council's guidance on issues not contained within the City's adopted legislative positions.

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Colton 2027 Legislative Program Page 2 of 13

PROCESS OUTLINE

The City's Legislative Program consists of a framework and reference guide for legislative positions and objectives that provide direction for the City Council and staff. The following five steps outline the process.

I. Development of Legislative Issues
The City Council annually approves the legislative positions cooperatively developed for the upcoming legislative session for the City Council, staff and Legislative Advocates to advance on behalf of the City.

II. Development of Recommended Positions for Issues Not Considered in the Legislative Positions Document
The second step formalizes a process for developing positions on legislation that falls outside this adopted document.

1. Preliminary staff research and analysis on legislation impacting the City that falls outside this policy document.

2. Consultation and coordination with the City's Legislative Advocates.

3. Recommendations on legislative positions are brought to the City Council for action. Any legislative action will require not less than three affirmative votes of the legislative body, regardless of the number of Council Members in attendance, to be pursued by the City
.

III. City Council Responsibilities in the Legislative Process The third step outlines the participation and activities by the City Council, collectively and individually, in overseeing items of interest to the City during the legislative year.

These activities include:

1. Seek support/opposition from other interested entities.

2. Participation in meetings with legislators and staff, as well as other local public officials/staff.

3. Preparing/reviewing/presenting testimony on behalf of the City before the county, state and federal government.

4. Receive copies of all correspondence transmitted on legislative positions.

5. Provide City Council approval on all proposed actions that impact the Legislative Program as requested by staff.

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Colton 2027 Legislative Program Page 3 of 13
IV. Staff Responsibilities in the Legislative Process
The fourth step outlines the responsibilities of City staff in overseeing the City's Legislative Program during the legislative year. These activities include:

1. Preparing support/opposition analyses and correspondence.

2. Send letters of support/opposition (staff is authorized to send letters on adopted legislative positions without further Council interaction as described in the "signature" section below).

3. Seek support/opposition from other interested entities.

4. Participation in meetings with legislators and staff, as well as other local public officials/staff.

5. Preparing/reviewing/presenting testimony on behalf of the City before the county, state and federal government.

6. Receive copies of all correspondence transmitted on legislative positions.

7. Inform the City Council on the progress of legislation on which the City has taken a position, including any substantive amendments that would impact the spirit of the City's adopted position.

8. Preparation of a program status report as described in the following section.

V. Legislative Program Communication
The fifth step describes the legislative tracking and other communication issues regarding legislative items.

1. Staff regularly tracks the status of various bills throughout the legislative year.

As warranted, staff will prepare a status report and inform the Council of the progress of certain legislation.

2. The Mayor or City Manager, on behalf of the City and its subsidiary agencies, shall sign letters on City adopted legislative positions unless certain circumstances dictate otherwise. Written correspondence, by individual Council Members on legislative item s not adopted by the City Council, may be transmitted if the correspondence identifies that it is a position as an individual citizen as opposed to an official position of the City of Colton. All adopted legislative positions are either included in this po licy document or in the official City Council Minutes for special legislative efforts.

3. By adoption of this legislative policy, each Member of the City Council agrees and affirms that hereafter the City Council prohibits any of its members from lobbying, advocating, or taking a position contrary to the Council's adopted position on any legisl ative item. Council Members may, as allowed for in law, take positions as an individual citizen; however, said communication is discouraged and considered antithetical to the success of the City and this legislative program specifically. Any individual communication must be on personal stationery that is free of any City of Colton identifying information, including logos, official position titles, addresses, phone numbers, etc.

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Colton 2027 Legislative Program Page 4 of 13

CITY COUNCIL LEGISLATIVE POSITIONS

Pursuant to City Council adoption of the following positions, the City Council and staff, in conjunction with our Legislative Advocates, will actively pursue these directives.

 Pursue funding for projects that improve the quality of life in Colton.  Support legislation that provides funding for Disadvantaged Status Communities (DACs).
 TRANSPARENCY
 Support legislation that would reform or increase transparency and accountability into the legislative appropriations process.

 LOCAL CONTROL
 Support local control over the administration of local programs and oppose all legislation that lessens local control.
 Oppose all legislation that seeks to reduce or eliminate the ability of local agencies to choose alternative forms of providing service to its community.  Oppose legislative efforts to impose binding arbitration that would remove local government authority on matters of local interest. Specifically, support all legislative and legal efforts to overturn any legislation that implements binding arbitration or a similar non-judicial dispute resolution system on local government.

 UNFUNDED MANDATES
 Oppose unfunded mandates to the City for any new or continuing program/service.
 Ensure that State or County responsibility for mandated programs is not passed on to the City in the form of undue burdens/financial mandates.  Oppose any measure that mandates procedures, such as maintenance-of- effort, that would make local government more dependent on the State for financial stability and policy direction.
 Support full cost reimbursement to the City for all federal, state and county- mandated programs.
 Support legislation to streamline the process for state reimbursement of state- imposed mandates.
 Support legislation that requires a cost-benefit analysis before any state or federal mandate is imposed on municipalities.

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Colton 2027 Legislative Program Page 5 of 13
 FINANCE/REVENUE
 Support efforts to protect the distribution of sales tax and property tax to the City.
 Support legislation that promotes long -term fiscal sustainability for local governments through stable funding sources, reserve flexibility, and responsible financial planning.
 Support efforts to simplify the collection of sales taxes nationwide and provide an equitable method for collecting and allocating sales tax for internet and catalog sales.
 Support a statutory or constitutional redistribution of property tax revenues which more equitably reflect local government responsibilities.  Support legislation that revises the State’s distribution of sales tax to a per capita formula.
 Support Federal legislation which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State.  Support state-local partnerships to address pension cost pressures, including cost-sharing reforms and funding assistance for smaller jurisdictions.  Support legislation that indexes state funding allocations, mandate reimbursements, and transportation revenues to inflation to preserve the purchasing power of local governments.
 Oppose any legislation that mandates a Social Security tax for public employers and employees.
 Oppose legislation that diminishes voter-approved local revenue sources or limits the authority of cities to administer local taxes and fees.  Support legislation/initiatives that provide local government with protected and predictable revenue sources.
 Support enhancement of and Oppose cuts to Community Development Block Grant (CDBG), HOME program, Section 8 Housing funds, and other Federal funding. Advocate for a more streamlined application process and for greater flexibility of local appropriation and use of monies.  Oppose legislation which would restrict or eliminate the availability of traditional government financing instruments or practices.  Oppose any measure that restricts or limits a public entity’s ability to use tax- exempt debt or tax increment financing for the purchase or construction of public purpose improvements.
 Oppose all legislation and administration actions that authorize the State to borrow/take/eliminate/reduce/shift any source of local government funding in order to finance State budgetary deficits, operations, or responsibilities.  Support a comprehensive state performance review and audit system and long-range financial planning and performance budgeting to enhance

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Colton 2027 Legislative Program Page 6 of 13
accountability, efficiency and responsiveness at all levels of government.  Oppose legislation that would overly complicate, prolong, or make existing laws pertaining to procurement of goods and services more onerous for local cities.

 DEVELOPMENT/HOUSING
 Ensure local City input on all regional land use and planning issues. Coordinate with County Land Use Services and Economic Development on joint development projects that will be of benefit to both the City and County.  Support streamlined environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other federal agencies for the purpose of expediting private and public development initiatives.  Support CEQA reform that will streamline the environmental review process and facilitate development in urban areas, consistent with a jurisdiction’s General Plan.
 Support reforms to LAFCO law that will streamline the annexation process for unincorporated islands and increase the maximum size for uncontested annexations from 100 acres to 300 acres.
 Support joint efforts to develop mutual development standards for unincorporated areas that are binding upon the County and the City.  Support regional economic development policies that provide for planned economic growth in the City and neighboring communities.  Support the City’s participation in the development of the San Bernardino Countywide Plan.
 Support State grant programs to fund General Plan updates pursuant to State law.
 Support legislation that provides incentives or grant opportunities for community improvements.
 Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects to amounts greater than $100,000.
 Support legislation that preserves municipal authority over the public right - of-way, including fair and reasonable compensation for use of the right -of- way, as well as local franchising.
 Oppose efforts by any regulatory commission from promulgating rules and regulations that infringe on local land use decisions and management of the public right-of-way.
 Support reasonable legislation that balances the need for a new workable and effective redevelopment law while ensuring the ethical and judicious use

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Colton 2027 Legislative Program Page 7 of 13
of eminent domain by governmental agencies.
 Oppose any legislation that outright bans the use of eminent domain by governmental agencies. Support elimination of the statewide Regional Housing Needs Allocation (RHNA) process which places mandates on local governments to accommodate increased housing numbers and densities in their general plans and zoning ordinances.
 Support reform of the statewide RHNA process to focus on a “bottom up” process that respects local land use/ infrastructure capacities.  Oppose affordable housing production mandates without necessary funding to support said housing mandates, including density increases in established neighborhoods.
 Support legislation to include consideration of the economic impacts of proposed species listings, as well as support the delisting of species no longer threatened or endangered.
 Support legislation that requires mortgage lenders to establish a uniform tracking method of mortgage instruments to assist local governments in identifying current property owners in order to proactively prevent blight caused by the increase in foreclosures.

 TRANSPORTATION/INFRASTRUCTURE
 Support efforts to establish a Metrolink stop/station in the City.  Support efforts to increase the amount of transportation funds allocated to local jurisdictions for discretionary projects.
 Pursue funding that specifically benefits the City of Colton’s transportation and public works projects. Specifically, support the passage of local transportation-related legislative efforts, as well as support efforts to ensure funding in order to provide a permanent, direct percentage of unrestricted federal transportation funds to local government transportation departments for priority work.
 Support continued efforts for the Superfund clean -up of perchlorate contamination in groundwater sources.
 Support direct federal funding from the Economic Development Administration for local economic development and public works projects, including drainage improvements, such as Drainage Facility 3-5.
 Support programs & funding for infrastructure improvements, including roads, stormwater, water, wastewater, and.
 Support legislation or policy that provides funding to local governments for new/improved railroad grade crossings, including funding for the construction of grade separations to replace at -grade crossings, and upgrade existing grade separations. Advocate for new processes to expedite the review and approval of such projects.

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Colton 2027 Legislative Program Page 8 of 13
 Support a statewide action plan for addressing water-related issues including availability, quality, import, export and reclamation.
 Support financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non -potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s freshwater supply.
 Pursue funding for expansion of electric vehicle infrastructure for Medium and Heavy Duty Vehicles.
 Support renewal of funding for rebates and incentives for municipalities to purchase electric/alternative energy vehicles.
 Support legislation or policy that provides mitigation measures to address roadway and infrastructure impacts associated with heavy truck traffic, including pavement deterioration, roadway maintenance, traffic circulation, and restoration of damaged public infrastructure.

 PUBLIC SAFETY
 Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions and support guidelines to identify the strengths and weaknesses of local preparedness efforts.
 Support adequate financing of jails and criminal justice facilities. Address the need to devote equal time and energy to develop effective alternatives to incarceration, including early intervention of at-risk youth and counseling and rehabilitation programs.
 Oppose legislation that weakens the ability of law enforcement agencies to provide for the safety and security of their communities.  Oppose legislation that seeks to reduce felony-level offenses to misdemeanors.
 Oppose legislation that seeks to decriminalize illegal drug use or possession.  Support direct funding to cities, without matching requirements, to use in drug prevention, intervention and enforcement efforts.
 Support legislation that protects business owner property from theft by increasing criminal penalties. Oppose efforts to reduce such penalties.  Support legislation in which the State continues to fund the booking fees for prisoners. Oppose legislation that would require local agencies to pay “jail access fees.”
 Support legislation that promotes increased enforcement and prosecution of criminals associated with recycling thefts, including enhanced identification standards of customers by recycling centers.
 Support legislation that provides funding for and expands the DNA database

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Colton 2027 Legislative Program Page 9 of 13
utilized for the prosecution of criminals by local law enforcement agencies.  Support continued funding for the U.S. Department of Justice Community Oriented Policing Services (COPS) program.
 Support legislation that establishes Peace Officer and Firefighter peer support and crisis referral services.
 Support continued funding for the California Specialized Training Institute (CSTI) to remain the premier training venue in the State of California for the training of firefighters, police officers, and emergency management personnel.
 Support legislation that would prohibit a mobile internet provider from impairing or degrading traffic for public safety clients during a state of emergency.
 Support efforts to ensure protection of sufficient radio spectrum to meet public safety’s current and future needs. Public safety needs should have priority over private or for-profit communication systems.
 Support legislation that directs Homeland Security funds to local police and fire departments and provides for streamlined access to federal funds without State or County involvement.
 Support continued funding for California State Mutual Aid Pre-Incident Prepositioning for Fire resources. Prepositioning is a resource augmentation for anticipated significant fire or other disaster events and has been used throughout the State. The prep ositioning by OES allows reimbursement of local governments for the cost of pre-positioning firefighters and equipment in advance of identifiable risks under the California Mutual Aid System.  Support legislation to continue full portal -to-portal cost recovery plus administrative fees through the California Fire Assistance Agreement for responses to assist the California Office of Emergency Services, the US Forest Service, Cal Fire, Bureau of Land Management, and other forest agencies.  Support continued funding for local community colleges in support of fire academies, and training for Emergency Medical Technicians & Paramedics.  Support continued funding for Office of Emergency Services Fleet Section to augment local government response in support of the State Master Mutual Aid Program through the assignment of fire engines with local government.  Seek continued support by CAL Fire to local government in the form of aircraft, hand crews, dozers, and fire engines when needed in wildland urban interface zones, during floods, and other disasters.
 Seek legislative assistance to local fire departments to implement cost recovery from Medi -Cal to cover the certified public expenditure of pre- hospital paramedic stabilization before transportation.  Support continued funding for the U.S. Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) Grant and the

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Colton 2027 Legislative Program Page 10 of 13
Assistance to Fire Fighters Grant.
 Support continued funding for the U.S. Fire Administration, the National Fire Academy, and the Emergency Management Institute.

 COMMUNITY SERVICES/FACILITIES
 Support efforts to bring regional facilities and family-oriented programs to the community, with particular efforts focused on planning and development of the Conservation Park with Eco -Friendly Soccer Fields, which is now in advanced design phases and moving toward regulatory review.  Support efforts to work with neighboring local governments to establish joint programs/services in order to provide an efficient and effective service level.  Pursue funding for remediation of the former Guyeaux landfill to provide a safe environment for development of future park facilities.  Support efforts to improve the long -term management and maintenance of Hermosa Gardens Cemetery, including infrastructure upgrades, enhanced customer service, and sustainable operations.
 Support funding for the rehabilitation, modernization, and replacement of aging parks, recreation facilities, community centers, aquatic facilities, playgrounds, sports fields, and related infrastructure, particularly in underserved communities.
 Support legislation that promotes:
• The modernization, rehabilitation, and expansion of public library facilities, including technology infrastructure
• Funding for youth development, teen programs, senior services, recreation, enrichment, and programs that reduce social isolation and strengthen community connections.
• Funding for human services programs which seek to provide aid to local families in need of assistance, including feeding programs for youth in- need
• Support efforts to increase health and wellness awareness within communities
• Support policies that improve access to affordable recreation and enrichment opportunities for low-income families.
• Establish or increase funding for early childhood education programs.  Oppose legislation that:
• Reduces or eliminates funding for parks, recreation, libraries, early care and education, youth and senior services, or human services programs.

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Colton 2027 Legislative Program Page 11 of 13
• Creates administrative, reporting, or regulatory requirements that disproportionately increase local costs without providing a corresponding public benefit or funding source.
• Restricts local control over the planning, operation, programming, maintenance, or use of local parks, libraries, recreation facilities, community centers, cemeteries, or early care and education facilities.

 PUBLIC UTILITIES
 Oppose attempts to increase the scope of FERC/NERC/WECC compliance standards on utilities that are interconnected to the grid at voltages below 100 KV.
 Oppose programs that mandate publicly owned utilities to contribute to a State wildfire fund as opposed to voluntarily choosing to participate in any statewide program.
 Oppose programs that mandate publicly owned utilities to contribute to the current Clean Fuel Reward (CFR) 2% contribution of LCFS funds, until the LCFS market recovers.
 Oppose legislation that attempts to regionalize the CAISO and reduces state legislator’s control over the composition of the CAISO Board of Directors.  Oppose legislation intended to make utilities acquire specific generation or fuel-types that may not meet the needs of the individual utility.  Oppose legislation that proposes additional reporting for small POU’s, and that covers data already being reported.
 Oppose or amend legislation that mandates unclear and additional requirements jeopardizing utility reliability, costs to serve, or safety to customers and employees.
 Support legislation that allows carbon-reducing credit to be given to the utility for the customer side of the meter programs where they are not already counted.
 Support measures that improve processes to comply with state mandates.  Oppose / Amend legislation or regulatory actions that impose fees or cost - recovery charges on electric utilities for weights and measures inspection, testing, or certification of electric vehicle charging meters.  Support legislation or regulatory amendments that eliminate California Air Resources Board (CARB) third -party verification requirements for all publicly owned utilities participating in the Low Carbon Fuel Standard (LCFS) program.  Support legislation advancing nuclear technologies in supporting California's critical infrastructure and meeting clean energy goals.

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Colton 2027 Legislative Program Page 12 of 13
 ENVIRONMENT/CONSERVATION
 Support requiring local government participation on the governing bodies of air quality management districts in California.
 Oppose taxes or fees on local refuse programs to fund statewide programs.  Support continuing cooperation between the State and local jurisdictions on mandatory organic recycling in order to meet current legislation.  Support continuing cooperation between the state and local jurisdictions on source reduction and recycling in order to meet current sol id waste reduction goals.
 Support legislation that advances the mission of clean air goals and objectives, including legislative efforts that provide funding for air quality programs, and the reduction of greenhouse gases.
 Support efforts to promote clean air programs in cooperation with the South Coast Air Quality Management District (SCAQMD).
 Support legislation that promotes greenhouse gas emission reduction with mechanisms in place to ensure that overall energy costs do not rise too high or too quickly for customers.
 Continue support for the State “Cap and Trade” Program.  Continue support for the State's Low Carbon Fuel Standard (LCFS) Program.

 LEGAL/INSURANCE
 Limit tort liability and provide enhanced and expanded tort immunities for public entities including, but not limited to, claims arising from the unauthorized use of public property.
 Support comprehensive tort reform, including limiting the joint and several liability of governmental agencies to a liability equal to the percentage of their wrongdoing.
 Oppose legislation that limits power of local government to negotiate indemnification protection in public contracts.
 Oppose legislation that seeks to lessen the City’s ability to enforce contractual language agreed to and contained within existing franchise documents.  Support legislation that would reform the State’s Worker’s Compensation System in order to draw a balance between reasonable claimant benefits versus the increasing costs/corruption that has plagued the System to date.  Oppose legislation that increases insurance premium costs to employers.  Oppose legislation that adds administrative burdens or taxes to self-insurance programs.

 ELECTIONS

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Colton 2027 Legislative Program Page 13 of 13
 Support legislation that controls the costs of elections as long as the elections process is not adversely affected (e.g., purge voter rolls, limit costs for candidate statements, and prevent abuse of the absentee ballot process).  Support legislation that continues the state reimbursement of absentee ballot costs.
 Support legislation that would increase voter turnout in local elections (e.g., mail ballots, touch screen capabilities, more information to voters for judicial elections).

 MISCELLANEOUS/GENERAL
 Support efforts to address homelessness and the impact of the unhoused population.
 Support efforts for regional communication and information sharing.  Support efforts to promote and finance programs to educate citizens concerning responsible pet ownership and adoption.
 Support legislation that provides dedicated funding to local governments for cybersecurity improvements, cyber resilience, and protection of critical infrastructure.
 Support legislation that protects confidential government and resident information while preserving the operational flexibility of local agencies to provide efficient public services.

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Item: 9.

Staff Report

Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Electric Utilities Director
Item Name: Report - Approve and Adopt a Resolution Approving the 2025 Annual Power Source Disclosure Report and Attestation of the Veracity of the Annual Report, Resolution No.

R-91-26.

Recommended Action:

Approve Resolution R-91-26 approving 2025 Annual Power Source Disclosure Report and Attestation of the Veracity of the Annual Report.

Background:

Senate Bill 1305 (SB 1305) was enacted in 1997 to ensure that retail suppliers of electricity provide consumers with accurate, reliable, and easy-to-understand information regarding the sources of energy used to provide electric service. The program established by SB 1305 is commonly referred to as the Power Source Disclosure (PSD) Program. Colton Electric Utility (CEU), as a retail supplier of electricity, is required to submit an Annual Power Source Disclosure Report to the California Energy Commission (CEC) by June 1 of each year. The information reported to the CEC is used to prepare the annual Power Content Label (PCL), which provides customers with information regarding CEU’s power mix and associated greenhouse gas emissions. The PCL must be provided to the CEC and posted on the City’s website by October 1 and distributed to customers by the end of the first complete billing cycle of the fourth quarter.

Assembly Bill 1110 (AB 1110), enacted in 2016, further amended the PSD Program by requiring retail suppliers to disclose the greenhouse gas (GHG) emissions intensity associated with each electricity portfolio. Beginning with the 2019 reporting year, the PCL was also updated to disclose unbundled renewable energy credits (RECs) as a percentage of annual retail sales. These requirements provide customers with additional information regarding the environmental attributes of the electricity supplied to them.

The CEC most recently amended the PSD regulations effective June 18, 2025. Under Title 20,

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California Code of Regulations, section 1394, retail suppliers are required to verify the accuracy and completeness of the information reported in their Annual Resource Reports. Generally, this verification is performed by a qualified independent auditor. However, pursuant to section 1394(a)(2), a retail supplier that is a public agency providing electric service may satisfy the verification requirement through an attestation by its governing board regarding the veracity of the Annual Resource Report in lieu of obtaining an independent audit. Accordingly, CEU is presenting the 2025 Annual PSD Report to the City Council, as the governing body of the Utility, for review and attestation.

Issues/Analysis:

CEU has prepared the 2025 Power Content Label (PCL), located on page 4 of the attached exhibit, along with the accompanying 2025 Annual Power Source Disclosure (PSD) Report as required by state regulations. The Annual PSD Report was prepared and reviewed internally by designated utility staff. As part of this review, the reported information was compared against supporting utility records and source data used to prepare the annual filing, including power purchases, retail sales, renewable energy credit (REC) information, and other applicable reporting data.

Pursuant to Title 20 CCR § 1394(a)(2), a publicly owned utility may satisfy the PSD verification requirement through an attestation by its governing board in lieu of obtaining third-party verification. Following staff’s internal review and validation of the reported information, the 2025 Annual PSD Report is being presented to the City Council for review and attestation as to its veracity.

Upon completion of the required approval and attestation process, staff will distribute the 2025 PCL to all electric utility customers via mail and email and will post the PCL on the City’s website for public reference in accordance with applicable CEC requirements.

Fiscal Impacts:

There is no fiscal impact for approving and filing this report.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. 2025 PSD Annual Report Final 05-28-2026 Signed

2. Resolution R-91-26

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2025 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2025

GENERAL INSTRUCTIONS
Retail suppliers are required to use the posted template and are not allowed to make edits to this format.

Please complete the Retail Supplier Name and contact information in column B below.

RETAIL SUPPLIER NAME
City of Colton Electric Utility

CONTACT INFORMATION
NAME
Lucas Haines
TITLE
Administrative Analyst

MAILING ADDRESS
150 S. 10th Street

CITY, STATE, ZIP
Colton, CA 92324
PHONE
9093706134
EMAIL
[email protected]

WEBSITE URL FOR PCL POSTING
https://www.ci.colton.ca.us/1078/Power-Content-Label
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected].

NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the
California Energy Commission's website.

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.

Version: April 2026

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2025 PCL Data*
Emissions, Power Sources, Unbundled RECs
Colton Electric Utility
Electricity Portfolio #1
Electricity Portfolio Name
2 Electricity Portfolio Name
3 Electricity Portfolio Name
4 Electricity Portfolio Name
5 Electricity Portfolio Name
6 Total Loss-Adjusted Load
Retail Sales and Loss-Adjusted Load
359,403
-
-
-
-
-
375,918
GHG Emissions Intensity (lbs CO2e/MWh)
390
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
414
- Renewables and Zero-Carbon Resources
59%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
56%
- Fossil Fuels
41%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
44%
Biomass & Biogas
9%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
9%
Geothermal
36%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
34%
Eligible Hydroelectric
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
0%
Solar
8%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
7%
Wind
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
0%
RPS Eligible Renewables - Subtotal
53%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
50%
Large Hydroelectric
1%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
1%
Nuclear
5%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
5%
Emerging Technologies
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
0%
Other
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
0%
Natural Gas
15%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
15%
Coal & Petroleum
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
0%
Unspecified Power - Total
26%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
29%
Retail Sales Covered by Retired Unbundled RECs
0%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
-
*NOTE: The figures above are preliminary.

Staff will calculate the GHG emissions factor and fuel mix breakdown (percentage derived from renewables and zero-carbon resources or fossil fuels) of unspecified power after data from all reporting entities is submitted.

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RESOLUTION NO. R-91-26

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA
APPROVING 202 5 ANNUAL POWER SOURCE DISCLOSURE REPORT, AND

ATTESTING TO THE VERACITY OF THE ANNUAL RESOURCE REPORT

WHEREAS, Senate Bill 1305 was adopted in 1997, establishing a Power Source Disclosure (PSD) Program that requires retail sellers of electricity to submit an annual PSD report to the California Energy Commission (CEC), and

WHEREAS, the Colton Electric Utility (CEU) is a retail seller of electricity as defined by the PSD Program, and

WHEREAS, the PSD Regulation was updated effective on O ctober 31, 2016, requiring an annual audit by an outside certified public accountant of the information in the annual PSD Report, and

WHEREAS, Assembly Bill 111O (AB 1110), as passed in 2016, amended the regulation for PSD, and the changes effective in 2020 for reporting year 2019 and forward, to include disclosure of greenhouse gas (GHG) emissions intensity associated with each electricity portfolio, and to include changes to the reporting form to disclose the unbundled renewable energy credits (RECs) as a percentage of retail sales, and

WHEREAS, the PSD Regulation was updated effective on June 18, 20 25, requiring annual verification of the information reported in the Annual Resource Report, either through an independent auditor or, for a public agency providing electric service, through an attestation of the veracity of the annual report by its governing board pursuant to Title 20, California Code of Regulations, section 1394(a)(2); and

WHEREAS, CEU staff prepared and submitted the 2025 Annual PSD Report to CEC in accordance with the Regulation, and

WHEREAS, On September 14, 202 6, Colton Utilities Commission ( UC) recommended that the City Council (CC) approves the submission of the annual report and provides an attestation of the veracity of the annual report.

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

Section 1 The above recitals are true and correct.

Section 2 Approve the submission of the 2025 Annual Power Source Disclosure Report and provide attestation of the veracity of the annual report submitted.

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PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF SEPTEMBER 2026.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
ISAAC T. SUCHIL
City Clerk

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Item: 10.

Staff Report

Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Second Reading of Ordinance NO. O-11-26 - Approve Second Reading of 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, Ordinance No. O-11-26.

Recommended Action:

1. 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.

2. 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,

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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

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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:

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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.

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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

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PC Resolution No. R-12-26
ATTACHMENT 1

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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7 8
9 10
11 12
13 14
15 16
17 18
19 20
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25 26
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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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11 12
13 14
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43 AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
FRANK J. NAVARRO, Mayor

ATTEST:
________________________________
ISAAC T. SUCHIL, City Clerk

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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

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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

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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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4 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 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

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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

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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).

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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

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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.

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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.

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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

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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

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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:

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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.

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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

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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:

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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

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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

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

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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

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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.

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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.

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Minor Update to Section 18.48.134 C. 3.

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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

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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)

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Item: 1.

Staff Report

Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By:

Item Name: Rave Alert Presentation

Recommended Action:

Background:

Issues/Analysis:

Fiscal Impacts:

Alternatives:

Attachments:

None

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