Jurupa Valley City Council
March 17, 2022

Screening
Outdoor storage shall be completely screened from public streets and right-of-way, open space areas, and commercial retail areas by decorative walls, berms, or landscaping.

Maximum Area for
Storage (by Land
Use Districts)
Industrial Park
Maximum of 20,000 square feet per principal use. Outdoor storage over these limits may be approved with a Conditional Use Permit.

Business Park with Retail Overlay
Maximum of 5,000 square feet per principal use.

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3.7 LIGHTING REQUIREMENTS
Table 3.7 Lighting Requirements promote lighting standards that contribute to the building identity and provide enhanced safety and security for pedestrians and vehicles.

Table 3.7 Lighting Requirements
Category Requirement
Location
Adequate lighting shall be provided for all parking areas, truck courts, vehicular and pedestrian circulation, building exteriors, service areas, courtyards, arcades, and seating areas.

Design Design of the light fixtures must be compatible to the surrounding buildings’ architecture and character
Pedestrian
Lighting
All pedestrian walkways, building entries, and pathways shall be illuminated to provide pedestrian orientation and clearly identify a safe and secure route between parking areas and points of entry to the building.

Service Area
Lighting
Service area and security lighting shall be directed to those areas within the limits of the service area. Wall-mounted, security-type, service area lighting fixtures may be used only in screened service areas and only if direct light is kept within these areas. In all other areas, wall-mounted service lighting shall consist of cut-off type fixtures.

Orientation
All exterior lighting fixtures shall be directed downward to illuminate pedestrian pathways and parking areas and avoid unnecessary glare and light pollution. However, uplighting effects to promote nighttime identity and character are allowed provided such exterior lighting features utilize indirect or hidden lighting sources for wall washing, featuring of architectural elements, landscaping, entries, and pedestrian areas.

Height
Pole-mounted, building-mounted, or tree-mounted lighting fixtures shall be no more than 30 feet in height to minimize direct glare beyond the parking lot or service area. An exception to this maximum height requirement can be approved as part of the Site Development Permit if it is determined that the proposed height will not be contrary to public health and safety.

Shielding
Pole-mounted lights shall be shielded, and the light directed away from the public streets. Pole-mounted lights shall utilize cut-off fixtures and shall not be directed towards residences. Projects shall ensure zero light spill off site.

Light Fixtures Building entries shall be lit with soffit, bollard, step, or comparable lighting.

land use and development standards
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3.8 LANDSCAPING REQUIREMENTS
Standards for landscaping requirements inclusive of applicable irrigation requirements are established in Table 3.8 Landscaping Requirements.

These standards are to be used in conjunction with JVMC Section 4.6 Landscape Design and with JVMC Chapter 9.238 (Water Efficient Landscape Design Requirements). All projects shall provide and maintain landscaping and irrigation in compliance with applicable sections of this Specific Plan.

General Requirements
Figure 4.1 Landscape Concept Plan in Chapter 4 illustrates the role of landscaping in defining the relationship of the project to the surrounding area, and general placement of landscaping within the site. Subsequent landscape and irrigation plans will implement the concept on individual project sites. Landscaping shall address conditions of the Specific Plan area such as controlling erosion, filtering storm water, screening of unsightly elements, creating shade, and softening the appearance of walls or structures.

Landscaping plans shall provide a plant schedule consistent with Table 4.1 Plant Palette and the location of: a) all utilities b) walls, fences and gates c) existing and proposed ground-mounted signage and d) proposed plantings.

Landscaped Setbacks
Wherever a setback is required on the portion of the property adjacent to the street right-of-way line, landscaping shall be provided consistent with the minimum landscape setback dimensions identified in Table 3.2 Development Standards. This setback landscaping must be maintained and irrigated.

Table 3.8 Landscaping Requirements
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Standard Requirement
Minimum Site
Landscaping
Requirements by
District
Industrial Park District:
• Overall District – 13%
• Exterior Lots (lots abutting public ROW or spine road adjacent to UPRR tracks: 12%
• Interior Lots - 9 percent
Business Park District with Retail Overlay:
• Overall District – 15%
• Individual Lots – 10%
Landscape plans shall demonstrate compliance with this
requirement. All landscaping shall comply with water-efficient landscaping requirements and shall be irrigated. Vegetated detention basins and bioswales are included to meet the minimum site landscaping requirements.

Landscaped Area
Dimension
Landscaped areas shall have a minimum dimension of five feet, exclusive of curbs and excepting vine pockets. This requirement does not apply to diamond tree wells.

Irrigation Plans
All landscape plantings areas shall be adequately irrigated. Irrigation plans shall be prepared by a licensed landscape professional.

Weather- based irrigation controllers, soil moisture-based controllers, or other self-adjusting irrigation controllers, shall be provided for all irrigation systems. Weather based smart irrigation controllers are to be used for all landscaped areas.

Tree Shading
Requirement
A parking lot shading plan shall be required, which includes a shading calculation table. Within 15 years after establishment of the automobile parking area, the following percentages of the automobile parking area to be shaded by shade trees shall apply:
• Industrial Park: 50% minimum
• Business Park with Retail Overlay: 50% minimum
• Open Space: 30% minimum if 5 – 24 uncovered parking
spaces per lot are provided; 40% minimum if 25 – 49
uncovered parking spaces per lot are provided; and 50%
minimum if 50 or more uncovered parking spaces per lot
are provided.

Covered parking, truck and trailer parking within truck courts, storage areas, driveways and aisles, and loading areas are exempted from shading requirements.

Note: 1) An exception to the minimum site landscaping requirements per lot can be waived or modified as part of the Site Development Permit or Conditional Use Permit if it is determined that the standard is inappropriate for the proposed use, and that the waiver or modification of the standard will not be contrary to the public health and safety.

Parking Areas
Landscape planter islands shall be at least five feet in width (exclusive of curbs) and the length of the abutting parking space shall be placed evenly, every 10 to 15 parking spaces. Diamond land use and development standards
draft agua mansa commerce park specific plan (MA16170) | 3 - 23 Table 3.8 Landscaping Requirements
Development
Standard Requirement
tree wells should be used throughout the parking areas so trees can be well distributed throughout. Planter islands shall include at least one tree, appropriate shrubs, and groundcover. Parking areas provided behind screen walls shall be subject to this provision.

Parking lot trees cannot be removed to accommodate solar panel carports without an approved entitlement (for example: Substantial Conformance application or Revised Permit application).

In addition to the net five feet minimum width finger islands, 'diamond tree wells' or other planting area configurations should be used to fulfill the minimum tree shade requirement.

Maintenance
Landscape maintenance shall be performed on a regular basis to ensure the quality of landscaped areas. Plantings that require unusual maintenance shall be avoided.

Buffer Areas:

Geijera parviflora
(Australian Willow),
and/or Rhus lancea
(African Sumac),
and Canary Island
Pines
Installation sizes shall be a 50 percent mix of 24-inch box and 15- gallon sizes to create a natural, staggered-in-height grove effect.

The taller 24-inch box size will provide an immediate visual effect however, the younger, more adaptable, 15-gallon size will usually outgrow the 24-inch box size in a short time. Both the initial and long-term intent is to have a varied, natural grove appearance.

Special
Entry/Landscape
Features
Refer to Table 3.9 (Ratio of Tree Size Requirements) for tree size requirements. Refer to 4.1 (Landscape Concept Plan) for location of Special Entry/Landscape Feature. See also conceptual landscape treatments in Figure 4.2 to 4.5.

General Location
(not in Special
Entry/Landscape
Features)
Trees that are not in the four identified as Entry / landscape Feature (Figure 4.1) location must have a mixture of 50% minimum sizes of 15 gallon, 40% 24" box, and 10% 36" box to create a staggered-in- height grove effect.

Right of Way Plant
List and Plantings
Right of way plant list and landscaping requirements will be per the JVMC, and right-of-way landscaping and irrigation standards and requirements. Plants not found on the approved list will not be permitted on the right-of-way.

Plantings that would restrict sight distance at driveways or adjacent rights-of-way shall be avoided.

Tree Size Ratio Requirements
The distribution of required tree sizes by landscaped areas are established in Table 3.9 Ratio of Tree Size Requirements. Landscaped areas include chapter 3
3 - 24 | draft agua mansa commerce park specific plan (MA16170) Note: 1) The design on Agua Mansa Road may be modified subject to approval of the City Engineer & Planning Director.

Special Entry/Landscape Features and Landscape Buffer, Streetscape Area, and Interior Areas.

The Special Entry/Landscape Features and Landscape Buffer are identified in the Conceptual Landscape Intersection Treatments section under Chapter 4: Design Guidelines. The Streetscape Areas are the on- and off-site landscaped area that is 25 feet from the curb adjacent to the following roads:
 Hall Avenue, Agua Mansa Road1, and Rubidoux Boulevard  Backbone on-site circulation roads
Interior Areas are areas that are not considered (1) “Special Entry / Landscape Features and Landscape Buffer areas” or (2) Streetscape areas.

Interior areas are set further in from the streets and main access roads at least 25 feet. Typical interior areas are parking area, areas surrounding the building, along perimeter walls/fences, or basins.

Table 3.9 Ratio of Tree Size Requirements
Landscaped Areas Ratio of Tree Sizes
Special Entry/Landscape Features and
Landscape Buffer
(See Figure 4.1)
55% - 24” box trees
15% - 36” box trees
15% - 48” box trees
15% - 60” box trees
Streetscape Area 33% - 15-gallon trees
34% - 24” box trees
33% - 36” box trees
Interior Areas 60% - 24” box trees
40% - 15-gallon trees

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3.9 WALLS, FENCES, AND SCREENING
Standards for walls, fences, and screening are established in Table 3.10 Walls, Fencing, and Screening Requirements. Walls and fences shall be designed to complement the architecture and design found in the Specific Plan area.

Requirements of Table 3.10 Walls, Fences, and Screening Requirements may be waived or modified as part of the Site Development Permit or Conditional Use Permit if it is determined that the requirement is inappropriate for the proposed use, and that the waiver or modification of the requirement will not be contrary to the public health and safety.

Table 3.10 Walls, Fences, and Screening Requirements
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Standard Requirement
Height
Screen walls shall not exceed the height necessary to screen trucks and dock doors from the public right-of-way. Pilasters and distinctive elements may exceed the maximum height. Walls or fences in the street side landscaping areas visible from the street and not intended for screening or security purposes shall be a maximum of three feet. Refuse enclosures shall be a minimum of six feet in height.

Material
Wall and fence materials shall be compatible with the overall design character of the building. Walls shall be poured-in-place concrete, concrete tilt-up, or decorative walls. Fences shall be wrought iron or tubular steel. Electric, barbed wire, wire, integrated corrugated metal, electronically charged, or plain exposed plastic vinyl fencing are prohibited. Fences made out of coated wire or other similar materials are allowed for security purposes behind screen walls and to secure the site from the railroad right-of-way. Anti-graffiti coating material shall be applied on screen walls at a maximum height of 10 feet when facing the public right-of-way and located outside of fenced and gates truck yards /area. Chain-link fencing are appropriate In interior areas not visible from public streets.

Gates
Gates visible from the public right-of-way shall be decorative and constructed of a durable material such as tubular steel, vertical steel pickets, or high-density perforated metal screening painted to match or complement adjacent walls.

Landscaping Landscape treatments shall be applied to spaces between a wall or fence and pedestrian pathways.

Loading Docks
and Truck
Parking Areas
All loading docks and truck parking areas shall be visually screened from the public right-of-way.

Screening Type
Screening may include landscaping, decorative walls, or any other appropriate screening material or combination of materials to achieve the required screening.

Refuse
Enclosures
Refuse enclosures shall be easily accessed by service vehicles but screened from public view within the building’s façade or within a screened enclosure or screen wall. Planting areas for vines, shrubs, and trees shall be provided at the rear and sides of all enclosures, unless the refuse enclosure is located in a screened truck yard.

Outdoor Storage Storage areas shall be fully screened from view from public right- of-way by decorative walls or landscaping.
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draft agua mansa commerce park specific plan (MA16170) | 3 - 27 Table 3.10 Walls, Fences, and Screening Requirements
Development
Standard Requirement
Utilities
Ground- or roof-mounted mechanical equipment shall be
screened from public view. Ground mounted equipment shall be screened with decorative walls or landscaping or a combination thereof. Utilities such as backflow devices and transformers shall be screened to at least 75 percent of the equipment.

3.10 SIGNS
Well-crafted sign regulations are integral to the economic development and aesthetic appeal of the Specific Plan area. The sign standards and design guidelines are intended to encourage the creation and maintenance of well-designed signs that complement the structures and uses to which they relate.

Comprehensive Master Sign Program
A Comprehensive Master Sign Program shall be submitted with a Site Development Permit for review and approval by the Planning Director prior to the issuance of the first building permit of the Specific Plan. The Comprehensive Master Sign Program must incorporate the sign standards and requirements of this Chapter and Section 4.4 Sign Design. Minor modification to an approved Master Sign Program will require approval through a Substantial Conformance process and Major Modifications will require a Revised Permit.

Project signs are permitted with approval of a Site Development Permit, and shall be consistent with this Section, the adopted Comprehensive Master Sign Program, and Design Guidelines in Chapter 4. Temporary Signs shall be subject to JVMC Section 9.10.130 (Temporary Signs).

Table 3.11 Signs identifies requirements for certain signs. chapter 3
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Sign Types Requirement
Digital Signs Digital signs are not permitted for off-site advertising.

Cabinet Signs
Cabinet or can-type box signs with translucent backlit panel are allowed as long as they are designed in a manner that is integrated into the building’s design such as mounted on a wall with a recessed façade or flush with the adjacent wall.

Prohibited Signs Pole signs; billboards; moving signs (signs that move, rotate, or include parts or components that move), and raceway signs.

3.11 OPEN SPACE
The first Site Development Permit shall include the entire area of the Specific Plan, including the area of the Open Space site, and shall indicate how the site will be managed and maintained as open space. The Open Space district shall be maintained as open space and may be developed with recreational uses in accordance with the allowed uses identified in Chapter 3 Development Standards subject to the following:

Prior to acceptance of an application for a Site Development Permit or Conditional Use Permit for a recreation use or facility, pursuant to Table 3.1, Allowable Land Uses and Permit Requirements, (1) An item shall be placed on the Planning Commission agenda for a recommendation to the City Council to approve or
disapprove the proposed recreational use within the Open Space district, and
(2) City Council must approve that a portion of the Open Space district may be used for recreational purposes rather than open space prior to acceptance of an application for a Site Development Permit or Conditional Use Permit for such use. design guidelines

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Design Guidelines
Within the Specific Plan area, decisions regarding building placement, architectural treatments, landscape plantings, lighting, and other design elements will shape the overall quality of the physical environment and how employees and visitors experience the places within the industrial areas, business park, retail area, and open space. The design guidelines in this chapter provide a framework for improvements. Design guidelines are not intended to be rigid or inflexible. The City requires that every project in the Specific Plan area follow these guidelines, however, creative solutions to design are encouraged if it meets the intent of the guidelines or requirements. There can be many ways to comply with a guideline and exceptions may be granted, such as in the case of a highly original design. The following overarching objectives represent the long-term urban design and architectural direction.  Maintain high-quality development in the Agua Mansa
Commerce Park that complements and integrates into the
community and adds value to the City.
 Create a functional and sustainable place that ensures the Agua Mansa Commerce Park is competitive regionally and is
appropriate for Jurupa Valley.
 Illustrate through site planning the distinctive characteristics of each land use district.
 Establish criteria for building design and materials, landscape design, and site design that provide guidance to developers, chapter 4
4 - 2 | draft agua mansa commerce park specific plan (MA16170) builders, architects, landscape architects, and other
professionals preparing plans for construction.
 Provide guidance to the public, City staff, Planning Commission, City Council, and other decision makers in the review and evaluation of development projects in the Agua Mansa
Commerce Park.
 Incorporate construction and landscape standards and design guidelines that promote energy and water conservation
strategies.
 Implement the goals and policies of the Jurupa Valley General Plan.

4.1 SPECIAL TREATMENT AREAS
Facing the Streets and Open Space
Require all structures, including high-cube warehouses and signs in the Industrial Park and Business Park with Retail Overlay districts that face Rubidoux Boulevard, El Rivino Road, and the Open Space district to adhere to the Specific Plan’s highest quality design standards consistent with their respective land use districts. Require that buildings and signs be able to demonstrate conformity to known high-quality existing designs found in the region while still exhibiting originality in execution.

The standard for these elevations is necessarily qualitative and subjective in that they help achieve for the City outstanding and memorable gateway architecture and site design. This shall not to be interpreted that low-quality designs are acceptable at any other elevations or for any other buildings, but that special focus should be given to those elevations fronting the public views.
design guidelines

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4.2 BUSINESS AND INDUSTRIAL PARK
The design guidelines apply to all new construction of and additions to business park and industrial buildings within the Business Park with Retail Overlay and Industrial Park districts. Commercial retail buildings design guidelines are provided under Section 4.3 Retail and Commercial. The intent is to emphasize the orientation of architecture to sidewalks and rights-of-way, inspire visually interesting buildings, and emphasize the incorporation and design of elements that provide opportunities for economic activity. Regardless of architectural style, development should exhibit attention to detail and quality architectural materials. These design recommendations affect building design, materials, colors, and textures, sign design, and lighting for each district. Maintaining consistency within architectural styles will visually

Contemporary design with breaks, variations, different materials, colors, and architectural forms creates lasting and distinctive building designs.

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4 - 4 | draft agua mansa commerce park specific plan (MA16170) unify, define the character, and establish an appropriate, cohesive aesthetic for buildings.
 The arrangement of multiple buildings and associated
circulation and parking areas should reflect a well-organized site plan that emphasizes vehicular and pedestrian connectivity.  Orient buildings to create an inviting public perimeter.  Design loading areas with consideration of adjacent uses.  Design private streets to minimize impact to pedestrians.  Locate visitor and short-term parking areas at the front and sides of buildings to be near primary building entrances.
 Design parking areas to include a landscape buffer with drought- tolerant screening plant materials.
 Plan landscaped areas, drive entrances, and/or buildings to separate parking areas and to keep the parking lot from being the dominant visual element on the site.
 Soften the building façades with trees and landscaping.  Project design should consider the policies of the Good Neighbor Guidelines.
 Guide pedestrian access to the buildings from the public right- of-way, parking areas, and perimeter sidewalks with building entrances marked by signage, enhanced paving, accent trees, architectural features, and landscaping features.
 Exterior downspouts for commercial or retail buildings that are visible from public streets are prohibited.

High-Cube Warehouse
The architectural design of high-cube warehouses is defined by its massing unique to its functions, primarily to house a variety of logistic

Pathways allow for pedestrian access
from parking areas and public rights-
of-way.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 5 operations within its building walls to move stored goods within the site and throughout the rest of the region, the country, and the world.

The design standards are applicable to high-cube warehouses located in the Industrial Park district. The criteria used to meet compliance with the standards should ensure the following:
 Exterior building modulation does not interfere with floor plans geared to the efficient travel and movement of goods, persons, and automated machines within the building. Use of techniques to vary exterior elements without affecting floor plans are highly desirable, such as change of plane, rooflines, color, texture, and materials. Murals and wall-mounted signage can also have the same effect.
 Large areas such as the truck loading docks are for the movement and docking of trucks to receive and transport goods.

Requiring placement of pedestrian and bicycling amenities to meet design standards such in these areas are prohibited.  Exterior lighting, particularly light standards, within the site are high-powered, although shielded from above and tall to
guarantee security and visibility as nightly operations warrant.

In addition of the above, the design must conform to the requirements of Section 4.1 Special Treatment Areas.

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4 - 6 | draft agua mansa commerce park specific plan (MA16170) Building Façade
Building façades should be designed to achieve the appropriate scale and character of buildings. Detailed and articulated building façade principles shall be applied.

Service docks should be oriented away from or be screened the public right-of-way and should provide sufficient space to maneuver and load.

High level of building articulation, architectural elements, and textured materials establish a building character

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 7  Feature the highest level of articulation on façades visible from public streets.
 Include a recognizable base, middle, and top in each façade.

Typical base treatments include textured materials or change in materials or paint colors. Typical top treatments include cornice elements, roof overhangs, stepped parapets,
textured materials, different materials or paint colors, and vertical expressions.

Variation in color and effective placement of landscaping helps define a recognizable and distinctive building.

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4 - 8 | draft agua mansa commerce park specific plan (MA16170)  Offset or architecturally treat long expanses of wall surfaces every 150 feet with material changes, color variation, pilasters and posts, staggered walls, or landscape treatments to
prevent expansive blank walls.

Entries, Doors, and Windows
Entryways should be a distinctive design feature in buildings, guiding guests to the interior and providing opportunities for architectural definition. The use and location of windows and secondary entrances should be used to break up façades and unify building design.  Portray a quality office appearance for primary entries and tie the entry into the overall mass and building composition. Entries should be distinctive but should not appear as an “add-on” or afterthought.
 Design entry features as a significant aspect of the building’s overall composition.
 Provide shade and visual relief through recessed or covered entrances.

Window design creates a horizontal emphasis and frames the primary building entry.

Detailed façade design highlights the
covered building entrance and creates a
quality office appearance.

design guidelines

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A variety of colors, materials, and unique architecture highlight the building entry.  Highlight primary building entries through the massing of the building, special materials, colors, detailing landscaping, and/or other architectural treatment.

Landscaping helps to emphasize a recessed
building entry.

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Consistent approach to building materials and massing creates a legible architectural style.

A combination of metal and glass establishes a unique building identity.

Materials and Finishes
The choice of materials is one of the most important contributors to defining the character of a building. Materials should be of high quality and detail to provide visual interest.

design guidelines

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Alternating building materials and complementing colors enhance the architectural character of a building.
 Ensure consistency of materials, colors, fenestration, scale, and massing with the intended architectural style or theme.  Incorporate similar and complementary massing materials and details into rear and side elevations.
 Terminate changes in material or color around the corner of the building or element to a logical termination point in relation to the architectural features or massing to avoid a “pasted-on” look.
 Roofing materials visible to public view may include metal standing seam and concrete tile.

chapter 4
4 - 12 | draft agua mansa commerce park specific plan (MA16170)  Use a minimum of four different colors, textures, or materials on each building.
 Materials such as decorative concrete, stucco, exterior plaster, tile, stone, metal, and glass are appropriate primary exterior materials for buildings.
 Unfinished exterior surfaces are not permitted on any building façade.

design guidelines

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Walls and fences should complement building colors and design. Adjacent plantings should be selected that will grow to soften the wall or fence at maturity.

Buffering and Screening
Buffering and screening design features should be used to screen truck courts and loading and service areas, and to enhance the overall development.
 Walls and fences should be designed as an integral part of the development, be of high quality, and complement the building.

Decorative block walls with cap or articulated concrete tilt-up walls are encouraged.
 Provide attractive, durable, and complementary wall and fencing materials consistent with the established design theme.  Avoid long blank wall expanses.
 Soften wall or fence massing with landscaping.

Truck courts should be screened using
quality materials on walls or fences.

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4 - 14 | draft agua mansa commerce park specific plan (MA16170)

Loading areas should be screened from the public right-of-way and designed with sufficient space for trucks to maneuver.

Truck Courts
 Incorporate gated/screened entrances to loading areas into the overall architectural design of the development.
 Design walls and fencing used to screen loading areas high enough to hide the views of parked vehicles or trailers.

design guidelines

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Contemporary light fixtures provide an attractive, safe working environment.

On-Site Lighting
Exterior building lighting is important for providing visibility and safety, as well as creating ambiance. Lighting can be used to enhance architectural details and landscape features, and to illuminate sidewalks, pedestrian paths, parking lots, loading dock areas, building entrances, and signage.
 Choose lighting fixtures that enhance the Specific Plan design theme and provide consistency through clean, contemporary designs.
 Pedestrian walkways and building entries should be illuminated to provide pedestrian orientation and to clearly identify a secure route between parking areas and points of entry to the building.  Pedestrian-scale lighting should be used along pedestrian walkways and at building entries.

Pedestrian-scale lighting

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4 - 16 | draft agua mansa commerce park specific plan (MA16170) Building mounted lights accent buildings and light pedestrian pathways and loading docks.  Install exterior lights to accent entrances, activity areas, steps, ramps, and special features.
 Pedestrian lighting should be subdued and warm-white in tone.  Courtyards, arcades, and seating areas should be illuminated to promote pedestrian use and safety.
 Lighting should be used to create visual interest and special effects in coordination with the character and function of the area.

design guidelines

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4.3 RETAIL AND COMMERCIAL
The Business Park with Retail Overlay district permits a variety of commercial retail and service uses identified in Chapter 3. The primary objective of these design guidelines is to facilitate economic development that serves the needs of the immediate community and the development through high-quality design.

Site Design and Orientation
Basic principles of site design and orientation encourage the creation of an environment dedicated to the comfort and enjoyment
of individuals, families, employees, and residents of
surrounding areas. Implementation of this principle
supports the “third space,” functional community
gathering places that motivate people to become regular shoppers.
 Create diversity by clustering buildings around
courtyards and open areas where possible.
 Orient publicly accessible places to create vista
points towards nearby hills of Crestmore and/or
prominent geographical features.
 Attention should be paid to building at a “human
scale” to perpetuate the user-friendly atmosphere
of any commercial activity.
 Include in all site design inviting amenities such as rest and shade areas, patios, public art,
landscaping, outdoor dining, and/or water
features.
 Connect buildings, entrances, and parking areas with a seamless comfortable pedestrian pathway suitable for both abled and disabled persons to navigate.

Retail and commercial development should be
inviting places to gather and shop.

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4 - 18 | draft agua mansa commerce park specific plan (MA16170)  Ensure that the best practices of Crime Prevention Through Environmental Design (CPTED) are observed when designing the overall site plan and placement of buildings.
 Ensure that surface parking lots have adequate amounts of shading with trees, or other shading.

Exterior Building Walls
 Avoid long, monotonous building façades. Building upper-floor setbacks, cutouts, modulation, and other techniques to reduce the building massing and bulk are encouraged. Balconies, porches, and patios in character with the retail and commercial buildings and enclosed with decorative railings should be strategically employed to fill in these modulated areas.

Exterior building facades should use a variation of materials and colors, articulation of building form, and architectural design elements such as projecting features or lighting to create visual interest and break up the mass of buildings.  Add visual interest and reduce monotony through the
articulation of building façades, towers, reveals, and pop-outs.  Rooflines should be varied to create observable diversity of rooflines on every elevation.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 19  The arrangement of exterior architectural elements such as fenestration, awnings, cornices, base, stairs, mullions, porches, roofs, eaves, and others should be in proportion to the building’s size and massing.
 Establish a visual link in multi-building complexes by using architectural and site design elements to unify the project.  Architectural styles and details should be authentic. The design shall readily exhibit commitment to the purpose and intent of the chosen architectural style.
 Design of the commercial development should create an inviting place to shop readily evident from the street.
 Sign programs should be complementary to and be integrated into the exterior building design.

Entries, Doors, and Windows
 Entries should be visually appealing and identifiable to users.

Each commercial building shall provide a well-articulated, identifiable path of entry.
 Elements such as massing or color change, variation in materials, and signage can prove effective in announcing entry.
 Articulation of major tenant entries for pedestrian identification should be achieved through the use of enriched materials, architectural detailing, and color schemes that offset the entry from the rest of the building.
 Patios, porches, covered walkways, and awnings help make entryways add a sense of arrival, and should be encouraged on major entryways.
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4 - 20 | draft agua mansa commerce park specific plan (MA16170)  Install areas of decorative paving on walkways, pavement, and other pedestrian accessible pathways.

Windows and entryways should be large and transparent to allow for view penetration and should be enhanced by accents, trims, and other decorative features.

 Use varying entry treatments within a multi-structure multi-tenant business park or shopping center to differentiate tenant and tenant types.
 Door and window design should complement the entryway design.
 Use of transparent glass is encouraged to lend an open design and allow natural light to provide interior illumination.  Discourage the use of reflective or opaque glass and reflective metal trims and mullions on doors and windows.
 The size and number of doors and windows should observe proportionality to the building façade’s bulk and mass.  Areas around doors and windows are opportunities to provide accents, trims, and recessed areas.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 21 Buffering and Screening

Landscaping, architectural walls, or fences shall screen all trash enclosures and utilities.  Plan for the development of commercial areas that would allow for, and screen from view, mechanical equipment, trash
enclosures, service and loading areas. Well-thought-out site design allows for passive screening and buffering using the main buildings, landscaping, and topographical features that minimize the use of screening wall as interventions.
 Avoid placing mechanical equipment, trash enclosures, and service and loading areas in such a concentrated manner that requires excessive screening.
 All screening walls should be of high-quality material, sufficiently decorative, and complementary with building façades.

Materials and Finishes
 Materials and finishes that are sustainably sourced and help achieve conformity to the sustainable guidelines are highly desired.

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Building materials should express “earth tones.”
 Use colors in addition to other techniques to highlight certain exterior building areas and break up monotonous colors and façades.
 Roof styles and materials should be architecturally and aesthetically compatible, not uniformly consistent.
 Materials and finishes should be appropriate to the chosen style of exterior building design and reflective of accomplished examples of contemporary or traditionally inspired architecture.

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draft agua mansa commerce park specific plan ( MA16170) | 4 - 23

4.4 SIGN DESIGN
Signs communicate information and their design can be used to reinforce the architecture of the building and contribute to the overall character of the area. Signs should identify the center and tenants within the center, direct vehicular traffic, and provide on-site way- finding.

Comprehensive Master Sign Program
A Comprehensive Master Sign Program must be consistent with the requirements of Chapter 3 and shall incorporate the guidelines of this section. The sign programs should implement the following:
 Provide a unifying sign theme throughout the Industrial Park and Business Park with Retail Overlay districts.
 Signage should be constructed of high-quality materials such as wood, metal, stone, and plexiglass.

Use signage that will complement the project architecture.

Signage should be scaled for motorists,
pedestrians, and/or trucks as applicable.

chapter 4
4 - 24 | draft agua mansa commerce park specific plan (MA16170)  Avoid exposed wiring, ballasts, conduits, fasteners, and similar hardware.
 Coordinate signage with building design, materials, color, size, and placement.
 Wall signs should be located in areas of the façade specifically designed to serve this function and not block architectural details or ornamental elements. Ideally, signs should align horizontally, with major architectural features, and not obscure windows or other key parts of the building. Flush-mounted signs should be mounted within architectural features.
 Locate signs to give direction to loading and receiving, visitor parking, and other special uses.
 Place identification signs perpendicular to approaching vehicular traffic. If located within a landscaped planter, care should be

Signage should help to define a building’s identity.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 25 taken to ensure that plant materials do not block visibility or damage the signage.
 Careful consideration should be given to aspects of lighting design, such as the color and intensity of light, and overall visual impact of night lighting. Signs should not produce digital images or messages that would create distractions or safety concerns for motorists.
 Lighted signs, internally or externally illuminated, may be used.  Cabinet or can-type box signs with translucent backlit panel can be allowed if they are located on a recessed panel mounted flushed with the wall.
 Signs with backlit or internally illuminated individual channel letters are strongly encouraged.
 Sign message should be simple, clear, and easily legible. Signs should have enough contrast between content and background to optimize legibility while still maintaining compatibility with building colors.
 Signs should be designed as an integral design element of a building’s architecture, consistent in its architectural style, scale, articulation, proportions, materials, and color.
 To conserve energy, incorporate a standard shutoff time for illuminated signs for businesses that do not operate at night.

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4.5 SUSTAINABLE DESIGN
Developments will incorporate sustainable design strategies that integrate principles of environmental stewardship into building/site design and construction.

Sustainable Construction and Technology Concepts
 All new construction, building additions, and alterations must conform with the State of California’s Green Building Code (CALGreen) or the Building Code in effect at the time of permit issuance.
 Development projects should be designed and constructed to consist of energy-efficient buildings to reduce air, water, and land pollution and the environmental impacts associated with energy production and consumption.
 Passive design techniques should be used to improve building energy performance through use of skylights, building
orientation, landscaping, natural ventilation, natural daylighting, energy efficient light fixtures (e.g., fluorescent and LED lightings), and paint colors.
 Shade structures and trees that produce large canopies should be used to reduce heat island effects. In addition, roof and paving materials should be utilized that possess a high level of solar reflectivity.
 Recycled and other environmentally friendly building materials should be used to the maximum extent practicable.

Water Quality
 In landscape areas, features such as bioswales should be designed and used to assist with bio-filtration and reduction of urban runoff.
 Native and drought-tolerant plants should be used to reduce water demand.

Near-zero and zero-emissions
technologies can reduce the emissions
created by employee and vistitor vehicle
trips.

Roof space may be utilized for energy
production.

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draft agua mansa commerce park specific plan ( MA16170) | 4 - 27

 Design irrigation systems to capture runoff and utilize the runoff to augment irrigation.
 Design irrigation systems to respond to changing weather conditions, address hydrozone requirement, use micro-irrigation techniques, and weather-based smart irrigation controllers.  Permeable paving surfaces such as permeable concrete, concrete pavers, stabilized decomposed granite or other materials as appropriate shall be used as much as practical to reduce runoff and promote water infiltration.

Bioswales capture, filter, and moderate stormwater runoff.

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4.6 LANDSCAPE DESIGN
The landscape design guidelines aim to enhance the built environment with aesthetically pleasing and drought-tolerant landscaping.

Landscaping will be focused along public roadways and used to promote water conservation and water retention, improve air quality, and provide a buffer to adjacent areas. Landscaping will also soften hardscapes and buildings, create continuity among individual development sites, define entryways, and create a distinct visual identity. Figure 4.1 Landscape Concept Plan illustrates sites for key landscape features.

Landscaping should frame entryways and enhance a building’s character.

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draft agua mansa commerce park specific plan ( MA16170) | 4 - 29

Figure 4.1 Landscape Concept Plan
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4 - 30 | draft agua mansa commerce park specific plan (MA16170) Landscape Design Guidelines
Landscaping contributes to the identity of the specific plan by creating a pleasant, distinctive environment. Landscaping will be used to enhance internal cohesion and continuity, define public and private spaces, and provide shade.
 Landscaping should be used to accentuate building façades, soften building contours, complement architectural features, emphasize focal points (e.g., entryways), provide shade, and add visual interest.  Landscaping will also be focused between buildings, building entries, along public right-of-way to screen storage areas, and in the parking areas.
 Thematic landscaping design–in terms of rhythms, patterns, heights, and accents–should be used to define project identity and sense of arrival.
 Landscaping shall consist of drought-tolerant plants, as feasible.

Drought-tolerant plant selection palettes should include colorful shrubs and groundcovers, ornamental grasses and succulents, evergreen and deciduous trees, and species native to the area or naturalized to the area.
 Landscaping should be used to identify, define, and enhance pedestrian paths and public gathering spaces, and to provide variety, texture, color, and seasonal interest.
 Parking lot landscaping should be designed to reduce associated heat buildup, improve aesthetics, and integrate into onsite landscape design and adjacent streetscapes.
 Landscape planters shall be used at the ends of parking rows to break up the lengths of the parking lot.
 Tall trees should be used along building facades to soften tall buildings.
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draft agua mansa commerce park specific plan ( MA16170) | 4 - 31 Landscaping should help define unique building character and enhance aesthetic quality.

Drought-tolerant landscaping shall be used to reduce water consumption.  Shade trees should provide shade and visual comfort along pedestrian paths, streetscapes, and within public gathering spaces.  Trees and landscaping will be planted to help trap particulate matter and help filter pollutants, provide shade, and add oxygen to the atmosphere.

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4 - 32 | draft agua mansa commerce park specific plan (MA16170) Shaded parking lot.
 Coordinate landscaping treatments along the edge of the site and circulation routes to unify the general appearance, establish continuity, and provide a landscape buffer to adjacent land uses.  Group trees to minimize the visual impact to surrounding neighborhoods, minimize noise, and improve air quality.  Plantings should use a mix of different size trees consistent with Table 3.8 Landscaping Requirements
Plant Palette
Table 4.1 Plant Palette identifies the acceptable types of plantings that include a variety of groundcovers, shrubs, ornamental grasses, and evergreen and deciduous trees. The selection complements the design theme of the Industrial Park and Business Park with Retail Overlay districts and features water-efficient, drought-tolerant species native to the region. Similar plant materials which exhibit very low or low water demand may be substituted for the species listed in Table 4.1 if the alternative plants are climate appropriate and enhance the thematic setting. Requests to substitute plant material not listed in Table 4.1 shall require the approval of the Planning Director.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 33 Table 4.1 Plant Palette
Botanical Name Common Name Use
Cassia leptophylla Gold Medalion Tree Tree
Cercis occidentalis Western Redbud Tree
Cercidium 'Desert Museum' Blue Palo Verde Tree
Chilopsis linearis Desert Willow Tree
Chitalpa tashkentensis Chitalpa Tree
Cupressus sempervirens Italian Cypress Tree
Heteromeles arbutifolia Toyon Tree
Juniperus s. 'Skyrocket' Skyrocket Juniper Tree
Koelreuteria bipinnata Chinese Flame Tree Tree
Lagerstroemia i 'Muskogee' Crape Myrtle Tree
Pinus canariensis Canary Island Pine Tree
Pinus eldarica Afghan Pine Tree
Platanus acerifolia London Plane Tree
Platanus racemosa California Sycamore Tree
Quercus agrifolia Coast Live Oak Tree
Rhus lancea African Sumac Tree
Schinus molle California Pepper Tree
Tristania conferta Brisbane Box Tree
Acca sellowiana Pineapple Guava Shrub
Artemisia 'Powis Castle' Artemisia Shrub
Callistemon 'Little John' Dwarf Bottle Brush Shrub
Carissa macrocarpa 'Tuttle' Natal Plum Shrub
Cistus 'Sunset Pink' Sunset Pink Rockrose Shrub
Dianella 'Little Rev' Dwarf Dianella Shrub
Dianella tasmanica Dianella Shrub
Dodonaea viscosa 'Purpurea' Hopseed Bush Shrub
Eleagnus pungens Silverberry Shrub
Leucophyllum f. 'Green Cloud' Texas Ranger Shrub
Ligustrum j. Texanum Texas Privet Shrub
Rhaphiolepis i. 'Clara' Indian Hawthorn Hedge
Rhaphiolepis i. 'Springtime' Indian Hawthorn Hedge
Rhamnus californica Coffeeberry Shrub
Salvia c. 'Allen Chickering' Allen Chickering Sage Shrub Salvia greggii Autumn Sage Shrub
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4 - 34 | draft agua mansa commerce park specific plan (MA16170) Botanical Name Common Name Use
Salvia leucantha Mexican Sage Shrub
Rhamnus c. 'Mound San Bruno' Dwarf Coffeeberry Shrub
Rosmarinus o. 'Tuscan Blue' Rosemary Shrub
Senna artemisioides Feathery Cassia Shrub
Westringia fruticosa Coast Rosemary Shrub
Xylosma congestum Shiny Xylosma Hedge
Agave americana Century Plant Accent
Agave 'Blue Flame' Blue Flame Agave Accent
Agave 'Blue Glow Blue Glow Agave Accent
Agave desmeniana Smooth Agave Accent
Agave kissho Kan Var. Lucky Crown Agave Accent
Agave victoria-reginae Agave Accent
Agave villmoriniana Agave Accent
Aloe maculata Soap Aloe Accent
Aloe petricola Stone Aloe Accent
Aloe polyphylla Spiral Aloe Accent
Aloe striata Coral Aloe Accent
Dasylerion wheeleri Desert Spoon Accent
Echeveria 'Ruffles' Ruffles Echeveria Accent
Hesperaloe parviflora Red Yucca Accent
Lantana 'Gold Mound' Yellow Lantana Accent/Groundcover
Acacia redolens 'Low Boy' Dwarf Acacia Groundcover
Baccharis p. 'Pigeon Point' Dwarf Coyote Bush Groundcover Baccharis p. 'Centenial' Coyote Bush Groundcover
Carex pansa California Meadow
Sedge
Grass
Carex tumulicola Foothill Sedge Grass
Festuca mairei Altas Fescue Grass
Hemerocallis hybridus-Yellow Yellow Day Lily Groundcover Juncus patens California Rush Grass
Lonicera j. 'Halliana' Hall's Honeysuckle Groundcover
Muhlenbergia capillaris Pink Muhly Grass
Myoporum parvifolium Myoporum Groundcover
Nassella tenuissima Mexican Feather Grass Grass
Pennisetum messiacum Red Bunny Tails Fountain
Grass
Grass
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draft agua mansa commerce park specific plan ( MA16170) | 4 - 35

Conceptual Landscape Intersection Treatments
Landscape treatments will be provided at key intersections through the application of design principles and will include landscaped berms (as needed for buffering as noted below), drought-tolerant ground cover, shrubs, and trees.
 El Rivino Road and Rubidoux Boulevard
 El Rivino Road and Western Entry
 El Rivino Road and Cactus Avenue/Hall Avenue
 El Rivino Road Landscape Buffers

Enhanced landscape treatments along El Rivino Road, across from existing residential development, are designed to provide a buffer from the truck entrances and loading docks. Trees planned for the landscape intersection treatment areas and buffers will be planted using different tree sizes (15-gallon, 24-inch, 36-inch, 48-inch, and 60-inch box size trees) to create a staggered-in-height grove effect, as well as add visual contrast and interest. Refer to the provisions of Section 3.8 Landscaping Requirements for tree requirements for special entry and landscape features.

Botanical Name Common Name Use
Pennisetum orientale Oriental Fountain Grass Grass
Pennisetum rubrum Purple Fountain Grass Grass
Rosa 'Flower Carpet' -Red Red Flower Carpet Rose Groundcover Rosmarinus o. 'Huntington
Carpet'
Prostrate Rosemary Groundcover
Salvia 'Bee's Bliss' Bee's Bliss Sage Groundcover
Senecio mandraliscae Blue Fingers Groundcover
Sesleria autumnali Moor Gras Grass
Trachelopspermum jasminiodes Star Jasmine Groundcover
Distictus buccinatoria Blood-red Trumpet Vine Vine
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4 - 36 | draft agua mansa commerce park specific plan (MA16170) El Rivino Road and Rubidoux Boulevard
To develop a pleasing landscape at the major intersections of the project—El Rivino Road and Rubidoux Boulevard—inviting gateway monument feature and landscaping will be provided, as shown in Figure

4.2. The monument will highlight the identity of the development framed by a grove of various trees and drought-tolerant groundcover and shrubs located in a planting area.

El Rivino Road (Western Entry)
Landscaping at each entry guides efficient vehicular circulation and reduces the impacts on nearby sensitive receptors. The western entryway at El Rivino Road features a driveway flanked by tree groves, drought-tolerant ground cover and shrubs, and a planting area along both corners of the entry. The improvements include sidewalks along El Rivino Road. See Figure 4.3.

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 37 Figure 4.2 El Rivino Road and Rubidoux Boulevard Conceptual Landscape Treatments In bermed planting areas, cobble or other decorative gravel /rock can be mixed in with decomposed granite (DG). chapter 4
4 - 38 | draft agua mansa commerce park specific plan (MA16170)

Figure 4.3 El Rivino Road (Western Entry) Conceptual Landscape Treatments In bermed planting areas, cobble or other decorative gravel /rock can be mixed in with decomposed granite (DG).

design guidelines

draft agua mansa commerce park specific plan ( MA16170) | 4 - 39 El Rivino Road and Hall Avenue/Cactus Avenue
The landscaping at El Rivino Road and Cactus Avenue, and El Rivino Road and Hall Avenue, creates visual interest and sense of entry though the use of evergreen trees, drought-tolerant groundcover and shrubs, and a planting area. Trees and berming are needed to provide additional buffering along El Rivino for nearby residential uses. The mix of evergreen trees and berms will help create a buffer for visual, air quality, and noise aspects of the truck entrances and truck courts. (See Figures 4.4 and 4.5). Landscaping also defines the parking lots and private streets and softens walls that screen truck loading areas.

Pedestrian improvements include sidewalks along El Rivino and Hall Avenue.

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Figure 4.4 – El Rivino Road and Hall Avenue Conceptual Landscape Treatments In bermed planting areas, cobble or other decorative gravel /rock can be mixed in with decomposed granite (DG).

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draft agua mansa commerce park specific plan ( MA16170) | 4 - 41

Figure 4.5 El Rivino Road and Cactus Avenue Conceptual Landscape Treatments In bermed planting areas, cobble or other decorative gravel /rock can be mixed in with decomposed granite (DG).

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4 - 42 | draft agua mansa commerce park specific plan (MA16170) El Rivino Landscape Buffers
Figures 4.6 to 4.9 illustrate the landscape buffer planned for the El Rivino Road frontage along the northern boundary of the Industrial Park district. These landscape buffers are intended to increase the aesthetic appeal of the El Rivino Road streetscape, provide screening for the truck courts, improve the air quality of the surrounding area, and buffer the residential neighborhoods to the north. Landscape buffering improves the streetscape with a mix of drought-tolerant landscaping, trees, decorative berming, and bioswales. A minimum 20-foot setback of landscaping on El Rivino Road is provided by the Specific Plan, and as shown on Figure 4.9, approximately 82 to 166 feet of landscape buffering are proposed around the driveway entries on El Rivino Road.

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draft agua mansa commerce park specific plan (MA16170) | 4 - 43

Figure 4.6 El Rivino Road Landscape Buffers – Overview
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design guidelines
draft agua mansa commerce park specific plan | 4 - 45

Figure 4.9 El Rivino Road Landscape Buffers – Section C Figure 4.8 El Rivino Road Landscape Buffers – Section B Figure 4.7 El Rivino Road Landscape Buffers – Section A

A B C
Sections (see also Figure 4.6)
* Note: See Figure 3.1 on page 3-10 for landscaping requirements along electrical line easements. chapter 4
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Implementation and administration

draft agua mansa commerce park specific plan ( MA16170) | 5 - 1 chapter five
Implementation
and Administration
A coordinated and systematic implementation of the Agua Mansa Commerce Park Specific Plan is essential to achieve the vision.

Implementation will require a collaborative effort between the public and private sectors to achieve the vision.

Chapters 1 through 4 identify the type of development planned for the Specific Plan area and outline the improvements needed to catalyze projects and create a distinct identity. This implementation chapter provides the set of tools needed realize the Specific Plan vision and goals. In addition, this chapter describes the administrative processes that the City will use to review proposed development projects and infrastructure improvements.

Due to constant changes in economic conditions and trends, the City may wish to periodically revisit and reprioritize the implementation steps. These tools and implementation measures are created with the understanding that market shifts and varying economic conditions require flexibility to accommodate new development and facilitate additional investment.
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5.1 APPLICABILITY
The provisions, guidelines, and regulations contained in this Specific Plan establish allowable land uses and standards for development within the Agua Mansa Commerce Park. The Specific Plan supersedes the development standards and regulations of the Jurupa Valley Municipal Code (JVMC) unless stated otherwise in this document. Whenever the provisions and developments standards of the Specific Plan conflict with those of the
Jurupa Valley Municipal Code, the provisions of the
Specific Plan shall take precedence. Where the Specific Plan is silent, the Jurupa Valley Municipal Code shall apply.

5.2 INTERPRETATION
If an issue, c
ondition, or situation occurs that is not sufficiently covered or provided for in this Specific Plan, those that are applicable for the most similar issue, condition, or situation shall be used. Unless otherwise provided, any ambiguity concerning the content or application of the Specific Plan shall be resolved by the Planning Director in a manner consistent with the policies, regulations, and intent established in the Specific Plan.
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agua mansa commerce park specific plan admin draft ( MA16170) | 5 - 3

5.3 ENTITLEMENTS
Table 5.1 Required Entitlements
Entitlement
Applications Description
General Plan
Amendment

1. Change the project site Land Use Designation from BP-SP - Business Park – Specific Plan with Specific Plan Overlay to:
a. Heavy Industrial/Agua Mansa Warehouse and Distribution Center Overlay land use designation for the Industrial
Park district*
b. Light Industrial/Agua Mansa Warehouse and Distribution Center Overlay land use designation for the Business Park with Retail Overlay district*
c. Open Space – for the Open Space district
Change of Zone

1. Change from M-H and M-SC zones to Specific Plan Zone.

2. Change from Agua Mansa Industrial Corridor Specific Plan No. 210 to Agua Mansa Commerce Park Specific Plan No. 16001.

Note: * City will create Agua Mansa Warehouse and Distribution Center Overlay

5. 4 ADMINISTRATION
Minor Modifications to the Specific Plan
Minor Modifications to the Agua Mansa Commerce Park Specific Plan shall be processed pursuant to JVMC Sec. 9.30.080 (Specific plans) and Sec. 9.30.110 (Determination of project conformance with adopted specific plan).

Specific Plan Amendments
Proposed changes to th
is Specific Plan that do not meet the criteria for
a Minor Modification shall be subject to a Specific Plan Amendment application process pursuant to Chapter 9.30 (Jurupa Valley General Plan and Specific Plans) of the Jurupa Valley Municipal Code and California Government Code Section 65450, et seq.

If the proposed amendment requires supplemental environmental analysis pursuant to the California Environmental Quality Act (CEQA), chapter 5
5 - 4 | draft agua mansa commerce specific plan (MA16170) the applicant will adhere to the City’s adopted procedures and CEQA Guidelines.

5.5 SUBDIVISION MAPS
Development within the Agua Mansa Commerce Park may include the processing of tentative and final tract or parcel maps and/or lot line adjustments or mergers. All subdivision maps and lot mergers shall be reviewed and approved pursuant to Title 7 (Subdivisions) of the Jurupa Valley Municipal Code and all other applicable City codes and regulations, California Government Code Section 66410 et seq. (Subdivision Map Act) as well as the provisions of this Specific Plan.

5.6 DEVELOPMENT AND LAND USE REVIEW

PROCEDURES
Development and land use review procedures for development within the Agua Mansa Commerce Park shall be pursuant to the Jurupa Valley Municipal Code.

Land Use Review Procedures
The procedures and regulatory provisions necessary to administer development review procedures for proposed development and uses located within the Agua Mansa Commerce Park Specific Plan area shall be subject to the requirements as set forth herein and in accordance with Title 9 (Zoning) of the Jurupa Valley Municipal Code.

Conditional Use Permits
Any application for a Conditional Use Permit (CUP) within the Specific Plan area shall be processed in accordance with the procedures established herein and JVMC Section 9.240.280 (Conditional Use Permits). A CUP approved in accordance with the provisions of this section shall run with the land.
implementation and administration
agua mansa commerce park specific plan admin draft ( MA16170) | 5 - 5 Variances
Any application for a Variance shall be processed in accordance with the procedures established herein and JVMC Section 9.240.270 (Variances).

Site Development Permit
Any application for a Site Development Permit shall be processed in accordance with the procedures established herein and JVMC Section

9.240.330 (Site Development Permit).

Modifications to Approved Permits
Any application for a Modification to an Approved Permit shall be processed in accordance with the procedures established in JVMC Section 9.240.440 (Modifications to Approved Permits).

5.7 SPECIFIC PLAN PHASING
Site Restoration
Site restoration (demoliti
on, remediation, grading, drainage and erosion
control, and backbone utilities) would begin immediately after entitlements and related permits are approved. This will take approximately 14 months to complete and it is anticipated that at least one of the building pads would be ready for development within 8-12 months. Wet and dry utilities would be brought online concurrently.

Off-Site Infrastructure Improvem
ents
Off-site infrastructure improvements would commence after all related design and permits are approved and construction would commence no later than the issuance of the first building permit. Completion of improvements would be no later than the issuance of a certificate of occupancy for a building that triggers the need to complete such work.

Development phasing
will meet the following objectives:
 The orderly build-out of the project based upon market and economic conditions;
chapter 5
5 - 6 | draft agua mansa commerce specific plan (MA16170)  The provision of adequate parking, infrastructure, and public facilities concurrent with the development of each phase; and  The protection of the public health, safety, and welfare.

5.8 FINANCING AND FEES
The financing of the construction, operation, and maintenance of public infrastructure improvements, facilities, and services within and in support of the Specific Plan area may be provided through a combination of mechanisms. Final determination of the scope of improvements, maintenance responsibilities, and funding sources may be identified prior to recordation of the first Final Map.

Financing options may include, but are not limited to, the following:
 Private capital investment by the project developer, the property owner(s), or a Property Owners Association
 Private capital investment by a consortium of property owners and/or developers of the project and/or surrounding area  Community Facilities District (CFD) established pursuant to the Mello-Roos Community Facilities District Act of 1982, or other special district, to provide funding for the construction of public facilities or the provision of public services. City Council approval is a prerequisite for use of special district financing mechanisms  Development Impact Fee (DIF) credits to be applied for infrastructure completed by the project developer
 Enhanced Infrastructure Financing District (EIFD) to fund infrastructure development through tax increment financing pursuant to Senate Bill 628
 Community Revitalization and Investment Authorities (CRIA) to fund infrastructure development through tax increment financing pursuant to Assembly Bill 2
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5.9 MAINTENANCE
Final determination of maintenance responsibilities for the public and private improvements constructed within the Agua Mansa Commerce Park will be determined in future entitlement approvals and/or the Development Agreement.

Public streets (curb-to-curb) and sidewalks will be maintained by the City. If the City is responsible for maintaining medians and/or curb separated parkways, funding of the maintenance may require a special financing district. These details are to be established with each site- specific Site Development Plan application or Tentative Map. Parkways, slopes, drainage facilities, and common areas will be maintained by the developer or through a property owners’ association. It is anticipated maintenance shall be generally conducted as described in Table 5.2 Maintenance Responsibilities.

Table 5.2 Maintenance Responsibilities
Area of Responsibility 1 City
Developer,
Property Owners
Association, or
Tenant
Special
Maintenance
District
On-site improvements --  --
Common area improvements --  --
Parkways (public right-of-way)   
Public streets (curb-to-curb)  -- --
Private Roads --  
Notes: 1) “”: responsible; “--“ not responsible
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EXHIBIT B
Addendum to the Final Environmental Impact Report
ADDENDUM No. 1
to the

CERTIFIED FINAL ENVIRONMENTAL IMPACT
REPORT
(SCH NO. 2017071034)
Agua Mansa Commerce Park Project

City of Jurupa Valley Master Application 21179

Lead Agency

City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Contact: Reynaldo Aquino, Associate Planner
(951) 332-6464 ext. 217
[email protected]

Project Proponent:

Agua Mansa Commerce Park Predev, LLC
101 California Street, 46th Floor
San Francisco, CA 94114

February 1, 2022

1.0 Determination

Based on the evaluation in this document, I find that no substantial changes are proposed in the Project .

There are no substantial changes in the circumstances under which the Project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Also, t here is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3).

Therefore, the previously certified EIR is adequate upon completion of an ADDENDUM

City of Jurupa Valley
Signature Agency

Joe Perez, Community Development Director February 1, 2022 Printed Name/Title Date:

2.0 Introduction
This document is an Addendum to the Final Environmental Impact Report, Agua Mansa Commerce Park Specific Plan Project, ("FEIR") certified by the City Council on April 16, 2020, by Resolution No. 2020-18.

Its purpose is to substantiate the City of Jurupa Valley's determination that no supplemental or subsequent environmental review is required before considering the approval of the Amendment and request for Substantial Conformance.

3.0 Project Description

3.1 Project Location and Setting

The Project site is north of North Riverside & Jurupa Company Canal, south of El Rivino Road, west of Hall Avenue, and eas t of Rubidoux Boulevard. The Specific Plan project site consists of 20 Assessor 's Parcel Numbers (APNs): 175-170- 005, portions of 006, 027, 028, 030, 036, 040, 042, 043, 045, and 046; 175-180-001; and 175 -200-001 through 005 and 007 through 009 (See Exhib it 3-1, Regional Vicinity Map and Exhibit 3-2, Local Vicinity Map).

Exhibit 3-1, Regional Vicinity Map

Exhibit 3-2, Local Vicinity Map

3.2 Approved Project Description:

In 2020, the City Council approved the Agua Mansa Commerce Park Specific Plan, with other entitlements (GPA, CZ , and EIR) on approximately 302.8 acres of land. The Specific Plan area would consist of three primary land uses 1) an Industrial Park, 2) a Business Park (with possible retail component), and 3) Open Space.

The Industrial Park district is 189.7 acres and would allow for 4,216,000 square feet of industrial park uses, such as manufacturing , research, and development; fulfillment centers; e -commerce centers; high-cube, general warehousing, and distribution; and cros s-dock facilities. The Business Park district is 33.8 acres and has two options for development: Alternative 1 would develop 200,000 square feet of business park uses; Alternative 2 would develop up to 25,000 square feet of retail and/or food service uses and 150,000 of business park square footage. Additionally, the Business Park district includes an existing 23,000 -square-foot research and development building (CalPortland area). The Specific Plan allows for an additional 41,000 square feet of Business Pa rk use in the CalPortland area through expansion of the existing building or new construction. The Open Space District is 70.9 -acres.

Remediation will occur within the Open Space District per a DTSC approved Response Plan. After remediation, the area is pr oposed to remain undeveloped. Exhibit 3.3 below contains the approved Specific Plan Land Use designations and is referred to as Table 1.1 in the Proposed Land Use Development Potential Revised Specific Plan Amendment No 1.

Exhibit 3-3, Approved Land Use Development

3.3 Modified Project Description

The Modified Project proposes an amendment to the existing approved Specific Plan to add Cold Storage as a Permitted Use. The Amendment will include amending the Specific Plan with the following conditions and revisions:

● Land Use Table 3 -1 in the Specific Plan (Exhibit 3.3 above in this Addendum) will be amended to add Cold Storage under the Warehousing Heading as a permitted use in the Industrial Park District with an approved Site Development Permit ("SDP").

● The following discussion of Cold Storage will be added into Section 3.3 of the Specific Plan.

Cold Storage

o The Agua Mansa Commerce Park Specific Plan will allow a maximum of 855,750 square feet of cold storage within the Industrial Park District.

o Due to the proximity of residential zoning to the north and northeast of the Specific Plan, Cold Storage is not permitted in the northeast portion of the Industrial Park District as identified in the Specific Plan as Figure 2.1 "Land Use Plan Amendment No 1," provided below as Exhibit 3-4.

o When Cold Storage is constructed, the total building area identified in Exhibit 3.3 above for the Industrial Park shall be decreased as follows: for every one square foot of cold storage approved, the total building square footage will be reduced by 1.25 square feet.

If Cold Storage is thereafter removed, the total building area shall be restored accordingly. The Developer and City shall maintain a running total of the square feet of mezzanine and cold storage constructed in the Specific Plan. This total shall be submitted with any request for a building permit to construct/modify cold storage or mezzanine space in a building, including tenant improvements that modify these spaces.

Exhibit 3-4, Land Use Plan – Revised Specific Plan

4.0 Analysis of Potential Environmental Effects

Table 1-3, Summary of Project Impacts, Mitigation Measures, and Levels of Significance After Mitigation contained in the FEIR, describes the environmental impacts, any required mitigation measures, and the level of significance for each environmental topic analyzed for the Approved Project. Table 1 -3 is attached to this Addendum as Appendix A.

CEQA Guidelines §15164 provides for the use of an Addendum to document the basis of a lead agency's decision not to require a Subsequent or Supplemental EIR for a change to a project that has been analyzed in a certified EIR. The lead agency's decision to use an Addendum must be supported by substantial evidence that the conditions that would trigger the preparation of a Subsequent EIR, as provided in CEQA Guidelines §15162, are not present. The following discussion provides the basis for this conclusion.

FINAL EIR CONCLUSIONS REGARDING "NO IMPACT " or "LESS THAN SIGNIFICANT IMPACT" REQUIRING NO MITIGATION

The FEIR concluded that impacts to the resources described below would have "No Impact" or a "Less Than Significant Impact" with the implementation of the following:

▪ Plans, Policies, or Programs (PPPs) − These include existing regulatory requirements such as plans, policies, or programs applied to the Project based on federal, state, or local law currently in place, which effectively reduce environmental impacts.

▪ Project Design Features (PDFs) – These are measures proposed by the Project that are already incorporated into project design and are specifically intended to reduce or avoid impacts.

Aesthetics

The Project site is not located within a scenic vista, scenic corridor , or a State scenic highway. The Modified Project is required to meet the design and development standards set forth in the Agua Mansa Specific Plan.

Agriculture and Forestry Resources

Implementation of the Project would not result in significant impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; conflict with existing zoning for agricultural use or a Williamson Act contract; or result in loss or conversion of farmland or forest land because these resources do not exist within the area impacted by the Project or proposed modifications.

Energy

Energy impacts assessment w as added to the CEQA in 2019 under CCR § 15126.2(b) , and as a result , the assessment for Energy was not included in the Approved Project FEIR. The modification to the Project would require that for every one square foot (1 sf) of cold storage area approved that the total building square footage in the Specific Plan area wou ld be reduced by one and a quarter square foot (1.25 sf) will offset the energy demands required for non -cold storage facilities. The Project operation was expected to use approximately 24.6 million kilowatt -hours (kWh) annually for Alternative 1 , and

12.6 million kilowatt -hours (kWh) for Alternative 2, the modification of cold storage facilities and square footage offset will not create a significant change in anticipated energy impacts.

Hydrology and Water Quality

The Modified Project does not propose a ny changes that would impact Hydrology and Water Quality than what was originally evaluated under the Approved Project FEIR. The Approved Project FEIR found that implementing the City's General Plan Programs, Policies, and Procedures and BMPs would reduce all impact to less than significant, and no Mitigation Measures would be required.

Land Use and Planning

The project site is in a primarily industrial area, and the SP FEIR found that development in accordance with the Agua Mansa Commerce Park Specific Plan would not divide an established community. Based on the FEIR and this Addendum document, the Project Modification does not result in conflicts with any land use plan, policy, or regulation adopted to avoid or mitigate an environmental effect, including, but not limited to City of Jurupa General Plan, City of Jurupa Valley Zoning, Western Riverside County MSHCP, SCAQMD Air Quality, Management Plan, and SCAG 's 2012–2035 RTP/SCS and the Santa Ana River Basin Plan.

Mineral Resources
The former Riverside Cement Plant buildings and structures currently occupy the areas on the proposed project site designated as MRZ-2 and MRZ-3, the site is not designated as a regionally significant PCC - grade resource, the Crestmore min e is closed and inactive, and the site is not designated for mineral extraction or held in reserve for future mining activities. Redevelopment of the site into the proposed Agua Mansa Commerce Park would have less than significant impacts on mineral resources.

Noise

The FEIR identified no potential significant noise impacts due to project construction, traffic, or operational noise. The Project does not propose any changes to the intensity or type of development originally allowed under the Approved Project, and impacts are less than significant.

Population And Housing

The approved Project and modified Project do not include any residential development that may increase the amount of housing and the number of residents in Jurupa Valley. Therefore, no direct impact would occur related to population and housing. Project -related infrastructure improvement would be provided to mitigate site -specific impacts. The Project does not propose to extend public roads or to install any onsite or offsite infrastructure facilities that would be oversized or constructed to accommodate other businesses or homes. Improvements would not increase public utility infrastructure capacity or extend roadways to induce housing and population growth.

Public Services
The proposed modification does not require additional fire, sheriff, school, recreation, or other public services.

Recreation
The proposed modification does not require the need for new recreational facilities.

Wildfire
Wildfire impacts assessment was added to the CEQA in 2019 under CCR § 15126.2(a) , and as a result, the evaluation for Wildfire impacts was not included in the Approved Project FEIR. However, according to the California Department of Forestry and Fire Protection 's (CAL FIRE) map, "Western Ri verside County Very High Fire Hazard Severity Zones in LRA," the entire project site is outside of any fire hazard severity zone (CAL FIRE 2009). Thus, the proposed project's development would not expose people or structures to wildland fire hazards.

FINAL EIR CONCLUSIONS REGARDING LESS THAN SIGNIFICANT IMPACT WITH

MITIGATION INCORPORATED

Biological resources, cultural resources, geology and soils, hazards and hazardous materials, Tribal cultural resources, and utilities and service systems were identified as being potentially significant but less than significant with mitigation incorporated. Necessary mitigation measures are detailed in the appropriate chapters of the EIR. The remaining topics discussed in the EIR were less than significant without mitigation. A summary is provided in Table 1-3 in Appendix A.

Mitigation Measures (MM) − These measures include requirements that are imposed where the impact analysis determines that implementation of the proposed Project would result in significant impa cts; mitigation measures are proposed per the requirements of CEQA. Any applicable Plans, Policies, or Programs (PPP) were assumed and accounted for in the assessment of impacts for each issue area.

Mitigation Measures were formulated only for those issue areas where the results of the impact analysis identified significant impacts. All three types of measures described above will be required to be implemented as part of the Project.

Biological Resources

The Current Approved Project FEIR identified 6 Biological Resource Impacts and 12 Biological Resource Mitigation Measures required to reduce the impact to less than a significant level. The Proposed Modified Project would not conflict with and must apply the Biological Resources Mitigation Measures and Specific Plan development requirements. With the application of MM -BIO-1 through BIO-12, the modified Project would not result in new or substantively different or substantively increased impacts.

As such, Biological Resources impacts would remain less than significant.

Cultural Resources

The modified Project does not propose any changes that would increase impacts on Historical Resources or Cultural Resources than what was initially evaluated under the Approved Project. The Modified Project would be required to implement MM -CR-1 through CR -6 to reduce impacts on Historical Resources to less than significant. Additionally, there is still the potential to disturb previously unidentified archeological, Tribal, Cultural, and paleontological resources on the project site that could be significant. As such, that would require archeological monitoring , and MM -CR-5 would be implemented to require Archaeological Monitoring , and MM -CR-6 requires an Archaeological Treatment Plan during earthmoving activities that would implement appropriate measures for the treatment of archeological resources if they were discovered on the Modified Project site. Cultural Resource impacts would remain less than significant with Mitigation Measures MM-CR-1 through MM- CR-6.

Geology And Soils

The Modified Project does not propose any changes that would impact Geology and Soils than what was initially evaluated under the Approved Project FEIR. The Current Approved Project FEIR identified Geological and Soils Impacts and 4 Geological and Soils Mitigation Measures required to reduce the impacts to a less than significant level. As a result, the Approved Project was required to incorporate Mitigation Measures GEO-1 Mass excavation and grading detailed work schedule and GEO-2 Reduction of hazards related to geological conditions on-site, to reduce geological and soils impacts too less than significant.

Additionally, Mitigation Measures GEO -3 Paleontological Monitoring and GEO -4 Paleontological Treatment Plan are required during site grading to reduce potential impacts to paleontological resources to less than significant.

Hazards and Hazardous Materials

The Current Approved Project FEIR identified Hazards and Hazardous Materials Impacts and 7 Hazards and Hazardous Materials Mitigati on Measures required to reduce the impacts to less than significant levels. The modified Project would not conflict with and will be required to apply the Hazards and Hazardous Materials Mitigation Measures. The Modified Project is subject to MM-HAZ-1 through HAZ- 7 and will reduce Hazards and Hazardous Materials environmental impacts to less than significant.

Tribal Cultural Resources

As part of the review for the FEIR results of the records research conducted at the CHRIS -SCCIC, the Sacred Lands File Se arch commissioned through the NAHC, follow -up Native American scoping . The pedestrian field survey failed to indicate known TCR within the study area as specified in Public Resources Code (PRC) 210741, 5020.1(k), or 5024.1. However, the affected area is lo cated within a traditional use area for Native Americans . A s such, MM -TCR 1, 2, and 3 would be implemented to require Native American monitoring during ground -disturbing activities, suspension of ground - disturbing activities, preparation of a treatment plan if artifacts or remains are discovered, and proper disposition of any artifacts or remains found. With the implementation of MM-TCR 1, 2, and 3, impacts related to Tribal Cultural Resources would be less than significant.

Utilities And Service Systems

The proposed modification does not result in an increased demand for water, sewer, or other utility systems or services other than storm drain facilities, which were found to have a less than significant impact. (Refer to Hydrology and Water Quality section above).

The SP FEIR found that the additional wastewater (quantity and type) that would be generated by the proposed Project and treated by the Water Quality Control Plant (WQCP) could impede the WQCP 's ability to continue to meet its wastewater treatme nt requirements and impacts on wastewater treatment requirements could be potentially significant, therefore requiring Mitigation Measure MM- WW -1. MM-WW-1 requires the Project to comply with the RCSD TDS Reduction Plan, and as such, with implementation, environmental impacts are less than significant.

FINAL EIR CONCLUSIONS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS

Significant and unavoidable impacts associated with air quality, greenhouse gas emissions, and transportation were identified in the FEI R. Mitigation measures identified in the FEIR , along with the approval of the modified Project, will reduce the environmental impacts ; however, the impacts will remain significant and unavoidable.

Air Quality

To assess the project's potential impacts on Air Quality and Health Risk due to emissions changes from the Certified FEIR, an Air Quality and Health Risk Assessment was completed by Urban Crossroads dated May 2, 2021 and is included as Appendix B to the Addendum. The currently Approved Project emissions and health risk s were presented and compared with the proposed Modified Project change to determine if impacts would be substantively greater than or different from those previously identified that would result from development.

As the modified Project is proposing a change to include cold storage warehousing in place of a portion of the approved traditional storage facilities , the construction emissions would remain essentially the same as analyzed in the FEIR.

As indicated in Table 4.1 , the Propose d Project would result in a net decrease in estimated peak operational-source emissions compared to the peak operational -source emissions generated by the Currently Approved Project.

Table 4.1 Net Operational Emissions
Source:

Agua Mansa Commerce Park Specific Plan Air Quality, Greenhouse Gas & Health Risk Assessment, Urban Crossroads, dated: May 3, 2021.

The maximum lifetime cancer risk for the Approved Project with risks generated by the Modified Project Cold Storage Option was compared in the Air Quality and Health Risk Assessment completed by Urban Crossroads. The assessment found that the Modified Project would result in a net decrease of 0.09 risk per million for the residential exposure scenario and a net reduction of 0.42 risk per million for the worker exposure scenario. Therefore, the Modified Project would reduce the Health Risk from the Approved Project assessment.

Air Quality impacts would remain significant and unavoidable after implementing Mitigation Measures MM-AQ-1 through AQ-6.

Greenhouse Gas Emissions
To assess the project 's potential impacts on Greenhouse Gas due to emissions and energy demand changes, Urban Crossroads completed a Greenhouse Gas Assessment dated May 2, 2021, and included it as Appendix B to the Addendum. Currently approved Greenhouse Gas estimates were presented and compared with the proposed project changes to determine if impacts would be substantively greater than or different from those previously identified that would result from development. Essentially, would the proposed Project create new significant impacts?

Table 4.1 compares GHG emissions of the Proposed Project with GHG emissions generated by the Currently Approved Project. As indicated in Table 4.2, the Proposed Project would result in a net decrease of 20,480.18 MTCO2e/yr GHG emissions (approximately 33 percent less). As such, the proposed modification would not result in new or substantively different or substantively increased operational-source GHG impacts than the GHG emissions associated with the Currently Approved Project.

Table 4.2 Net GHG Emissions

Transportation

The FEIR determined that the Approved Project would result in significant and unavoidable impacts because vehicle traffic generated by the Project would diminish Level of Service (LOS) from increased automobile delay at several intersections and roadway segments.

Changes to CEQA Guidelines were adopted in December 2018, which require all lead agencies to adopt Vehicle Miles Traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate took effect July 1, 2020. Impacts related to LOS will be evaluated through the City's development review process apart from CEQA. Such an analysis was not performed for the Approved Project, as it was n ot required when the Certified EIR was prepared.

The Modified Project does not propose any changes to the intensity or type of development than what was originally allowed under the Approved Project. The Modified Project is not subject to a LOS type of analysis as LOS is not considered an environmental impact. However, the Modified Project is still required to implement any applicable traffic -related mitigation measures or requirements as part of the Conditions of Approval imposed on the Approved Project.

As it pertains to the new CEQA requirement requiring a VMT analysis, the Modified Project only includes a change to include cold storage warehousing. It will result in a decrease in the number of trips generated by the Project. As such, the Modified Project will not increase the generation of VMT.

A Traffic Assessment was conducted by Urban Crossroad and reported in a memo dated March 24, 2021, and is included as Appendix C to the Addendum. The Traffic Assessment concluded that the modified Project w ould generate approximately 2,102 fewer PCE two -way trips per day than the Approved Project.

The modified Project will not result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm

equipment); result in inadequate emergency access; conflict with adopted policies, plans, or programs regarding public transit, bicycles, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Transportation impacts would not result in new or substantively different or substantively increased transportation/traffic impacts.

CONCLUSION

The Modified Project would not result in any new significant environmental impacts, substantially increase the severity of previously identified effects, or necessitate the implementation of additional or considerably different mitigation measures than those identified in the FEIR. The effects associated with the Modified Project would be substantially the same as those reported for the FEIR, and thus no supplemental or subsequent EIR is required.

ATTACHMENT NO. 2
Adopted Planning Commission Resolution
No. 2022-02-23-01

ATTACHMENT NO. 4
Comments from South Coast Air Quality
Management District (SCAQMD) with City response
(prepared by Urban Crossroads)

SENT VIA E-MAIL: February 22, 2022
[email protected]
Reynaldo Aquino, Associate Planner
City of Jurupa Valley, Planning Department
8930 Limonite Avenue
Jurupa Valley, California 92509

Addendum No. 1 to the Certified Final Environmental Impact Report (EIR) for the Agua Mansa Commerce Park Specific Plan (Project) (SCH No.: 2017071034)

South Coast Air Quality Management District (S outh Coast AQMD) staff appreciates the opportunity to comment o n the above-mentioned document. The City of Jurupa Valley (City) is the California Environmental Quality Act (CEQA) Lead Agency for the Proposed Project. South Coast AQMD staff previously submitted comments on the Draft EIR put forward by the Lead Agency in December 2019 for the Project1, which involved , among others, 4.2 million square feet of industrial uses, including manufacturing and warehousing activities , cold storage facilities, and cross -dock facilities on a 189.7-acre portion of 302.8 acre s. The Lead Age ncy certified the Final EIR and approved the Project on April 16, 2020. On December 23, 2021, the Lead Agency initiated modifications to the Project and am ended the Project ’s site pla n MA21179 to add cold storage 2. The Lead Agency determin ed that no supplemental or subsequent environmental review is required for the modifications and prepared an Addendum No. 1 to the certified Final EIR on February 1, 20223.

Based on a review of the Addendum No. 1 and technical supporting documents, South Coast AQMD staff found that the Lead Agency used the California Emissions Estimator Model (CalEEMod) Version 2016.3.2 to estimate poll utant emissions. At the time of the modifications to the Project in December 2021, CalEEMod version (Version 2020.4.0) had been approved and was released f or public use in June 2021, six months before the Project modifications.

CalEEMod Version 2020.4.0 incorporates a list of revisions and additions that are relevant and material to analyzing operational air quality impacts from warehouse and cold s torage facilities.

For example , it includes updated California ’s emissions data of on -road and off -road mobile sources from the U.S. EPA ’s most re cently approved EMFAC2017 model4, the 2019 update to Title 24 California’s Building Ener gy Efficiency Standards , and the Institute of Transportation Engineers (I TE) 10th edition truck trip rate s data for warehouses and cold storage facilities .

Specifically, a higher weekday truck trip rate of 2.12 for a refrigerated warehouse is programmed

1 South Coast AQMD staff’s comments on the Draft EIR for the Agua Mansa Commerce Park Specific Plan.

January 31, 2020. Accessed at: http://www.aqmd.gov/docs/default-source/ceqa/comment- letters/2020/January/RVC191217-03.pdf.
2 South Coast AQMD staff’s comments on the Site Plan for the Agua Mansa Commerce Park Specific Plan Amendment. January 11, 2022. Accessed at: http://www.aqmd.gov/docs/default-source/ceqa/comment- letters/2022/january/RVC211223-03.pdf.
3 Addendum No. 1. Page 1.
4 EMFAC model estimates the official emissions inventories of on-road mobile sources in California. Accessed at:

EMFAC (ca.gov).

Reynaldo Aquino February 22, 2022 2 in CalEEMod Version 2020.4 .0 than the 1.68 weekday truck trip ra te in CalEEMod Version 2016.3.25. Because the modifications to the Project are to add cold st orage, using CalEEMod Version 2016.3.2 with a lower weekday truck tr ip rate has likely underestimated operational emissions from trucks . Therefore, the Lead Agency should revise the air quality analysis in Addendum No. 1 b y using CalEEMod Version 2020.4 .0 or provide additional information as substantial evidence to support CalEEMod 2016.3.2 is more appropriate to use.

South Coast AQMD staff is available to work wi th the Lead Agency to address any air qua lity questions that may arise from this comment letter. Please contact me at [email protected], should you have any questions.

Sincerely,
Lijin Sun
Lijin Sun
Program Supervisor, CEQA IGR
Planning, Rule Development and Area Sources

MM:LS
RVC220216-01
Control Number

5 ITE 10th Edition, land use code 157 for refrigerated warehouse with no rail.

13434-05 RTC

February 23, 2022

Mr. Reynaldo Aquino
City of Jurupa Valley, Planning Department
8930 Limonite Avenue
Jurupa Valley, CA 92509

SUBJECT: RE: SCAQMD COMMENTS ON ADDENDUM NO. 1 TO THE CERTIFIED FINAL

ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE AGUA MANSA COMMERCE PARK SPECIFIC PLAN (PROJECT) (SCH NO.: 2017071034)
Dear Mr. Reynaldo Aquino:

Urban Crossroads, Inc. is pleased to submit this letter in response to comments received by SCAQMD ), dated February 22, 2022, on Addendum No. 1 to the Certified Final Environmental Impact Report (EIR) for the Agua Mansa Commerce Park Specific Plan (Project) (SCH No.: 2017071034.

SCAQMD COMMENTS
The SCAQMD c omment letter summarizes the Project and underlying analysis included in the CEQA documentation. The SCAQMD opines that the latest version of CalEEMod (2020) should have been used for the Project’s analysis since it incorporates the latest approved version of EMFAC2017, the 2019 update to Title 24 building standards, and the Institute of Transportation Engineers (ITE) 10th edition trip rates.

RESPONSE TO SCAQMD COMMENTS
Project Description:

The SCAQMD describes the Project as an amendment to the Project Site Plan to add cold storage; however, the Project is an amendment to the approved Agua Mansa Commerce Park Specific Plan to add cold storage use as permitted use subject to an approved Site Development Permit. Section 3.3 of the CEQA Addendum correctly describes the Project as a Specific Plan Amendment. If a building occupant proposes a cold -storage use, upon approval of this Specific Plan Amendment, an approved Site Development Permit will be required.

Air Quality Analysis:

The SCAQMD is correct that the Project’s analysis is based on CalEEMod 2016.3.2, however it is important to note the following: (1) the Project’s underlying modeling was published on May 3, 2021, at the time, CalEEMod 2016.3.2 was the approved model for use, and CalEEMod 2020 was released on June 1, 2021. (2) At the time the Project’s analysis was prepared, Urban Crossroads was aware of the pending Mr. Reynaldo Aquino
City of Jurupa Valley, Planning Department
February 23, 2022

13434-05 RTC

updates to CalEEMod 2016.3.2 , even though they were not formally released . As such, the model defaults in CalEEMod 2016.3.2 were manually adjusted to incorporate EMFAC2017 emission factors, the 2019 update to Title 24 building standards, and the ITE 10 th edition trip rates (which are also utilized in the Project’s traffic assessment and in the EIR).

As such, the Project’s analysis included in the CEQA Addendum addresses the SCAQMD recommendations for incorporating EMFAC2017, 2019 Title 24, and ITE 10th edition trip rates. Therefore, no further analysis is required and the analysis in the CEQA Addendum is appropriate and supported by substantial evidence.

If you have any questions, please contact me directly at (949) 660-1994.

Respectfully submitted,

URBAN CROSSROADS, INC.

Haseeb Qureshi Michael Tirohn
Principal Environmental Scientist

Page | 1
120

STAFF REPORT
DATE: MARCH 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.D
PUBLIC HEARING TO CONSIDER CHANGE OF ZONE 21016 (CZ21016) PROJECT: 1) REZONING OF LAND USE AREA 13 (LUA 13)
CONSISTING OF APPROXIMATELY 44 COMBINED ACRES LOCATED

NORTH OF THE SANTA ANA RIVER AND EAST OF CREST STEEL
(APN 185 -210-004, 185 -210-005, 185 -210-009) FROM M -H (MANUFACTURING-HEAVY) TO W-1 (WATERCOURSE, WA TERSHED
AND CONSERVATION AREA); AND 2) REZONE LAND USE AREA 18
(LUA 18) CONSISTING OF APPROXIMATELY 40 COMBINED ACRES
(APN 169-290-037, -005, -004, 169-290-008, 169-290-010, 169-300-015, 169-300-002, 165-050-016) FROM M -SC (MANUFACTURING-SERVICE COMMERCIAL) AND R -A (RESIDENTIAL AGRICULTURE) TO W -1
(WATERCOURSE, WATERSHED AND CONSERVATION AREA S) AND
R-2 (MULTIPLE FAMILY DWELLINGS) AT THE SOUTHEAST CORNER

OF VAN BUREN BOULEVARD AND JURUPA ROAD AS PART OF THE
GENERAL PLAN CONSISTENCY PROGRAM FOR GROUP 3
____________________________________________________________________________

RECOMMENDATION
1) That the City Council conduct a first reading and introduce Ordinance No. 2022- 06, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY
OFFICIAL ZONING MAP CHANGING THE ZONE OF APPROXIMATELY (1) 44 COMBINED ACRES OF REAL PROPERTY LOCATED NORTH OF THE

SANTA ANA RIVER AND EAST OF THE CREST STEEL CORPORATION (APNS: 185 -210-004, 005, -009) FROM MANUFACTUR ING HEAVY (M -H)

ZONE TO WATERCOURSE, WATERSHED AND CONSERVATION AREAS
(W-1) ZONE, AND (2) 40 COMBINED ACRES LOCATED AT THE

SOUTHEAST CORNER OF VAN BUREN BOULEVARD AND JURUPA ROAD (APNS: 169-290-037, 004, -005, -008, AND -010; 169-300-002 AND -015; 165- 050-016) FROM MANUFACTURING - SERVICE COMMERCIAL (M-SC) AND

RETURN TO AGENDA
Page | 2

RESIDENTIAL AGRICULTURE (R-A) ZONES TO WATERSHED AND
CONSERVATION AREAS (W -1) ZONE AND MULTIPLE - FAMILY
RESIDENTIAL (R-2) ZONES, AND MAKING FINDINGS PURSUANT TO CEQA

AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED

BACKGROUND
On September 7, 2017, the City Council adopted the 2017 General Plan and approved various zone changes to the Zoning Map and Ordinance. The amendments were primarily intended to address potential land use conflicts and increase both commercial and residentially zoned land throughout the community. By law, a city’s zoning must be consistent with its General Plan. Many of the 21 Land Use Map changes resulted in inconsistencies between the General Plan Land Use Map and the City’s Zoning Map.

Upon General Plan adoption, the City Council acknowledged that a zoning implementation program would be needed to evaluate the appropriate zoning of the Land Use Amendments (LUA’s). On November 15, 2018, the City Council initia ted a Zoning Implementation Program and requested that the Planning Commission evaluate appropriate zoning for the LUA areas. The goal was to make recommendations for Zoning Map amendments to the City Council that are consistent with the General Plan Land Use Map.

Planning Commission Study Sessions
Between January 2019 and October 7, 2020, the Planning Commission conducted multiple study sessions for Groups 1 – 3. The background, issues, and recommended zones were presented to the Planning Commission for all sites within Groups 1 -3. The City Council has approved all of the zone changes of LUAs in Groups 1 and 2.

Planning Commission Recommendation
At its February 7, 2022 public hearing, the Planning Commission voted 5 – 0 to forward a recommendation of approval to the City Council of proposed zone changes to Group 3 (Land Use Areas 13 and 18 ). The Planning Commission also forwarded a recommendation that t he City consider creation of a new zone that more appropriately reflects the intent of the Open Space Conservation land use designation or to modify the existing Watershed and Conservation Areas Zone (W-1) to remove uses that would not be desirable in areas reserved for protection and conservation.

ANALYSIS
Introduction of Group 3 (LUAS 13 and 18)
Group 3 consists of two (2) geographic areas. These two (2) areas are located in the southerly, central portion of the City. Exhibits 1 and 2 show the locations of each LUA.

The following table provides a summary of the historical General Plan land use designation and zoning for each area described in this report.

Page | 3

Summary of Group 3 - Land Use Designations and Zoning
LUA
No.

Completed with 2017 GP GP Implementation
From GP L/U To GP L/U From Zone To Zone
13 Light Industrial
(LI)
Open Space -
Conservation (OS-
C)
Manufacturing- Heavy (M-
H)
W-1 (Watershed,
Watercourse and
Conservation)
18 Business Park
(BP) and Heavy
Industrial (HI)
Medium Density
Residential (MDR)
and Open Space
Conservation (OS-
C)
M-SC (Manufacturing-
Service Commercial) and
R-A (Residential
Agriculture)
R-2 and W-1
(Watershed,
Watercourse and
Conservation)

Page | 4

DISCUSSION
LUA 13 – Hidden Valley Open Space Area
This 44-acre site is currently zoned M -H (Manufacturing-Heavy). It is bordered by the Santa Ana River to the south and on the north by the Union Pacific railroad tracks and an established single -family neighborhood. Industrial uses in the M -SC (Manufacturing - Service Commercial) zone occur to the west and land directly to the east i s vacant and located in the W-1 Zone (Watercourse, Watershed and Conservation Areas). The site is near Clay St., General Dr., and Van Buren Blvd. but does not have access to a public street. Exhibits 3, 4 and 5 show the existing zoning, the existing Gene ral Plan and the proposed zoning for LUA 13.

LUA 13 consists of three (3) individual parcels. The eastern most parcel is part of the Hidden Valley Wildlife Area and is permanently dedicated for habitat preservation. The center parcel is owned by the Metropolitan Water District (MWD) and provides access to a large underground water pipe. The western most parcel is available for development if access were established.

The current zoning of M -H (Attachment No. 4) would allow a vast array of heavy manufacturing and industrial uses directly between an existing residential neighborhood and the Santa Ana River.

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Exhibit 4 – Proposed Zoning
Exhibit 3 – Existing Zoning
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During the development of the 2017 General Plan, the General Plan Advisory Committee (GPAC) recommended that the Land Use designation for this site be changed from Light Industrial (LI) to Open Space – Conservation (OS-C). The GPAC considered the action critical for ensuring the long -term preservation of an environmentally sensitive area. In addition, the GPAC wanted to see an expansion of the Riverside County Hidden Valley Wildlife Area noting that changing the land use to open space made a logical extension to that end. The City Council concurred.

The City Council recognized that another benefit of changing the long -term use of this land from industrial to Open Space - Conservation was that it would protect the established residential neighborhood to the north from the negative impacts of any heavy manufacturing or industrial uses.

Ideally, the City would change the zoning to a specific “Open Space - Conservation” zone, but one was not inherited from the County. Until the City undertakes the creation of a new zone with only preservation purposes and, maybe, other compatible uses, the Planning Commission recommended that the City adopt a zone with a limited number of allowed uses and a limited amount of development. The W-1 zone is a logical zone since it extends the large swath of W-1 zoning to the east.

The W -1 zone ’s intent is to preserve watercourses, watershed and conservation.

However, there are other conditionally permitted uses that would defeat the purposes of preservation. A few examples of such uses are as follows:

LUA 13

OS - C
Exhibit 5 – 2017 General Plan Land Use Map
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 Airports and heliports;
 Mining Operations;
 Oil Drilling;
 RV Parks;
 Sports fields;
 Racing and competition events, other than between humans.

As an alternative to creating a new zone, the City Council could initiate a zoning code amendment to modify the W-1 zone to limit the potential for incompatible land uses.

Land Use Area 18
When developing the 2017 General Plan Update, the City Council changed the Land Use Map for approximately 25 parcels on the south side of Jurupa Rd., west of Van Buren Blvd., east of Pedley Rd. and north of 56th St. from “Business Park” and “Heavy Industrial” to “Medium Density Residential ” and “Open Space – Conservation.” The area along Jurupa Rd. is developed with scattered single -family homes, some contractor ’s storage yards, an auto repair shop, and other light industrial/manufacturing – service commercial uses. There are two watercourses that traverse this area including a densely vegetated riparian habitat about halfway between Jurupa Rd. and 56th St.

There are several barriers to development within LUA 18. With the existing manufacturing-service commercial uses, access and other locational factors are likely to result in more auto salvage contractor storage yards and other similar uses that do not contribute to the City’s tax base or provide a significant number of jobs. In addition, most of the area is in a geomorphic depression, consisting of low elevations and at the confluence of two drainage ways. Consequently, a large portion of the area in LUA 18 is shown on Federal Emergency Management Agency (FEMA) maps as being subject to flooding in a 100-year storm. Development in the area will need to be designed to address this issue.

Initially, the GPAC wanted to change the land use designation for the properties with frontage on Jurupa Rd. to residential uses. However, the Planning Commission considered the Business Park (B-P) land use designation desirable along Jurupa Rd. and recommended that it also be zoned Business Park to be consistent. Uses that are permitted in the B -P zone (Attachment No. 5) include: business offices; banks; restaurants; medical services; repair services and gyms.

Minus the area preferred for Business Park along Jurupa Rd., the GPAC and City Council decided that the City should protect the residential areas to the east and south from impacts of industrial and business park development and changed the General Plan Land Use map to “Medium Density Residential (MDR) ” and placed protection over the floodplain/riparian/watercourse areas with “Open Space - Conservation.”

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It is recommended that the areas designated for MDR in the General Plan be changed to R-2 (Multiple Family Dwellings) and that W -1 zoning be placed in areas where “Open Space - Conservation” has been placed. To determine the exact boundaries of the W-1 zoning and the exact interface with riparian habitats and drainage courses, it will be necessary for a developer or property owner to enlist the services of a hydrologist, biologist and/or civil engineer. It will be studied during the entitlement process. The map below shows the Business Park (B -P) zone along Jurupa Rd. , the M -SC zone and Residential Agriculture (R-A) zone.

Exhibit 6 – Existing Zoning

Exhibit 7 – Proposed Zoning

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Exhibit 8 – Existing General Plan

NOTICING REQUIREMENTS
An advertisement for this public hearing was published in the Press Enterprise on March 7, 2022. A bilingual notice was mailed to all property owners within a 1,000 -foot radius from the boundaries of each Land Use Area.

ENVIRONMENTAL REVIEW
The City has prepared a Previous Environmental Document Review Determination (PERD) in accordance with CEQA. Based on the PERD, all potentially significant effects (a) have been analyzed adequately in the City of Jurupa Valley General Plan Final Environmental Impact Report State Clearing house No. 2016021025 (EIR), pursuant to all applicable standards, and (b) have been avoided or mitigated purs uant to that earlier EIR, as a result no further action regarding CEQA compliance is required.

FINANCIAL IMPACT
Costs associated with the extension of the code amendment are covered by the General Fund.

ALTERNATIVES

1. Recommended Action: That the City Council introduce Ordinance No. 2022-06.

2. Provide alternative direction to staff.

3. Council may elect not to introduce Ordinance 2022-06

ATTACHMENT 1
(Proposed Ordinance)
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ORDINANCE NO. 2022-__

AN ORDINANCE OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, APPROVING AN AMENDMENT TO THE

CITY OF JURUPA VALLEY OFFICIAL ZONING MAP
CHANGING THE ZONE OF APPROXIMATELY (1) 44

COMBINED ACRES OF REAL PROPERTY LOCATED

NORTH OF THE SANTA ANA RIVER AND EAST OF THE
CREST STEEL CORPORATION (APNS: 185-210-004, 005, -
009) FROM MANUFACTURING HEAVY (M-H) ZONE TO

WATERCOURSE, WATERSHED AND CONSERVATION
AREAS (W-1) ZONE, AND (2) 40 COMBINED ACRES

LOCATED AT THE SOUTHEAST CORNER OF VAN
BUREN BOULEVARD AND JURUPA ROAD (APNS: 169-
290-037, 004, -005, -008, AND -010; 169-300-002 AND -015; 165- 050-016) FROM MANUFACTURING - SERVICE

COMMERCIAL (M-SC) AND RESIDENTIAL

AGRICULTURE) (R-A) ZONES TO WATERSHED AND
CONSERVATION AREAS (W-1) ZONE AND MULTIPLE
FAMILY DWELLINGS (R-2), AND MAKING FINDINGS

PURSUANT TO CEQA AND DETERMINATIONS THAT NO

FURTHER CEQA REVIEW IS REQUIRED

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project. The City has initiated Zoning Code and Map Amendments (Change of Zone No. 21016 or CZ No. 21016) for consistency with the 2017 Jurupa Valley General Plan and certain land use re-designations adopted by the City Council as part of the Council’s approval of General Plan Amendment No. 1406 on September 7, 2017, to change the classification of approximately (1) 44 combined acres of real property located north of the Santa Ana River and east of the Crest Steel Corporation (APNs: 185-210-004, 005, -009) from Manufacturing (M-H) to Watercourse, Watershed and Conservation Areas (W -1) Zone, and (2) 40 combined acres of real property located at the southeast corner of Pyrite Street and Jurupa Road (APNs: 169-290— 037, 004, -005, -008, and -010; 169-300-002 and -015; 165-050-016) from the Manufacturing- Service Commercial (M -SC) zone and Residential Agriculture (R-A) Zones to Watershed and Conservation Areas (W-1) Zone (the “Project”) and Multiple Family Dwelling (R-2) Zone, as depicted in Exhibit “A” attached hereto.

Section 2. Change of Zone.
(a) Section 9.285.010. of the Jurupa Valley Municipal Code provides that amendments to Title 9 of the Jurupa Valley Municipal Code must be made in accordance with the procedures set forth in Government Code Section 65800 et seq., as now enacted or hereafter amended, and with the requirements of Title 9. Government Code Section 65853 provides that an amendment to a zoning ordinance, which amendment changes any property from one zone to another, shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. -2-
(b) Government Code Section 65854 provides that the planning commission must hold a public hearing on the proposed amendment to a zoning ordinance, with notice of the hearing given pursuant to Government Code Section 65090 and, if the proposed amendment to a zoning ordinance affects the permitted uses of real property, also given pursuant to Government Code Section 65091. Additionally, Sections 9.285.040.(1) and (2) of the Jurupa Valley Municipal Code provide that the Planning Commission shall hold a noticed public hearing on a proposed amendment to Title 9 of the Jurupa Valley Municipal Code that proposes to change property from one zone to another. (c) Government Code Section 65855 provides that after the hearing, the planning commission must render its decision in the form of a written recommendation to the legislative body, which must include the reasons for the recommendation, the relationship of the proposed amendment to applicable general and specific plans, and must transmit the recommendation to the legislative body in such form and manner as may be specified by the legislative body. Additionally, Section 9.285.040.(3) of the Jurupa Valley Municipal Code provides that, after closing the public hearing, the Planning Commission must render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and the relationship of the proposed amendment to 2017 General Plan. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. (d) Government Code Section 65856(a) provides that upon receipt of the recommendation of the planning commission, the legislative body must hold a public hearing. Additionally, Section 9.285.040.(4)(a) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation for approval by the Planning Commission, the City Clerk shall set the matter for public hearing before the City Council at the earliest convenient day, and give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission. (e) Government Code Section 65857 provides that the legislative body may approve, modify, or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, must first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Additionally, Section 9.285.040.(5) of the Jurupa Valley Municipal Code provides that after closing the public hearing the City Council must render its decision within a reasonable time and may approve, modify, or disapprove the recommendation of the Planning Commission; provided, however, that any proposed modification of the Planning Commission’s recommendation not previously considered by the Planning Commission must first be referred back to the Planning Commission for a report and recommendation. Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine, and declare that: (a) The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. -3-
(b) On January 26, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project and voted to continue the public hearing to February 9, 2022 to correct a public noticing error.
(c) On February 9, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. (d) On February 9, 2022 the Planning Commission of the City of Jurupa Valley held a public hearing on CZ No. 21016 at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing. Following a discussion of the Project the Planning Commission voted 5-0 to recommend approval of CZ No. 21016 by adopting Planning Commission Resolution No. 2022-02-09-01, a Resolution of the Planning Commission of the City of Jurupa Valley Recommending that the City Council of the City of Jurupa Valley (1) Approve Change of Zone No. 21016 for Consistency with the 2017 General Plan to Change the Zoning Classifications of Approximately (a) 44 Combined Acres of Real Property Located at North of the Santa Ana River and East of the Crest Steel Corporation (APNs: 185-210- 004, 005, -009) from the Manufacturing Heavy (M-H) zone to Watercourse, Watershed and Conservation Areas (W-1) Zone, and (2) 40 combined acres of real property located at the southeast corner of Pyrite Street and Jurupa Road (APNs: 169-290-037, -004, -005, -008, and - 010; 169-300-002 AND -015; 165-050-016) from the Manufacturing - Service Commercial (M-
SC) zone and Residential Agriculture (R-A) Zones to the Watershed and Conservation Areas (W- 1) Zone and Multiple Family Dwellings (R-2) Zone, and (2) Make Findings Pursuant to CEQA and Determinations that No Further CEQA Review is Required. (e) On __________ __, 2022, the City Council held a public hearing on CZ No. 21016, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing.
(f) All legal preconditions to the adoption of this Ordinance have occurred.

Section 4. California Environmental Quality Act Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of proposed Change of Zone No. 21016:
(a) Pursuant to CEQA and the City’s local CEQA Guidelines, City staff has considered the potential environmental impacts of the Project. City staff has also reviewed the Final Programmatic Environmental Impact Report (FEIR) for the “2017 General Plan of the City of Jurupa Valley” project certified by the City Council on September 7, 2017, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new -4-
information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the “2017 General Plan of the City of Jurupa Valley” project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant.
(b) The City Council has independently reviewed the Previous Environmental Document Review Determination, an d based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project, as modified, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and 2) All potential environmental impacts associated with the “2017 General Plan of the City of Jurupa Valley” project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant.
(c) The custodian of records for the prior FEIR, and all other materials that constitute the record of proceedings upon which the Planning Commission determination is based, is the Planning Department of the City of Jurupa Valley. Those documents are available for public review in the Planning Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.

Section 5. Findings for Approval of Change of Zones.
(a) The City Council of the City of Jurupa Valley hereby finds and determines that CZ No. 21016 should be adopted because the proposed change of zoning classification from:

Manufacturing-Heavy (M-H) zone to Watercourse, Watershed and Conservation Areas (W -1) Zone for approximately 44 combined acres is consistent with the 2017 Jurupa Valley General Plan and the requirements of the General Plan land use designation of Open Space Conservation (OS – C) in that the General Plan sets forth the following goal and implementing measures:
“To be a good steward of Jurupa Valley’s natural resources, and protect and enhance open space by:
i. COS 2. Seeking to achieve self-sustaining populations of the native birds, fish, and other wildlife and avoid actions that remove or damage habitat for native plants and animals; ii. COS 8. Securing and maintaining a diverse network of open lands including valuable natural and recreational resources, including: Santa Ana River floodway and riparian areas, Jurupa Mountains, Pedley Hills, and Indian Hills, wetlands, vernal pools, and wildlife habitat and -5-
corridors, particularly for species of local concern or for species that are officially listed as threatened or endangered.
iii. COS 9 Preserving the City’s scenic resources, including mountains, hills, ridgelines, rock outcroppings, canyons, mature trees, the Santa Ana River and floodplain, riparian corridors, agricultural fields, views of scenic resources from vista points or along scenic street or highway corridors, and other landscape features deemed significant by the City Council.” (b) The City Council of the City of Jurupa Valley hereby finds and determines that CZ No. 21016 should be adopted because the proposed change of zoning classification from Manufacturing - Service Commercial (M-SC) zone and Residential Agriculture (R-A) to Watershed and Conservation Areas (W-1) Zone and Multiple Family Dwellings (R-2) Zone for approximately 40 combined acres is consistent with the 2017 Jurupa Valley General Plan and the requirements of the General Plan land use designation of Open Space - Conservation (O-SC) and Medium Density Residential (MDR) in that the General Plan sets forth the following goal and implementing measures:
“To be a good steward of Jurupa Valley’s natural resources, and protect and enhance open space by:
i. COS 2. Seeking to achieve self-sustaining populations of the native birds, fish, and other wildlife and avoid actions that remove or damage habitat for native plants and animals; ii. COS 8. Securing and maintaining a diverse network of open lands including valuable natural and recreational resources, including: Santa Ana River floodway and riparian areas, Jurupa Mountains, Pedley Hills, and Indian Hills, wetlands, vernal pools, and wildlife habitat and corridors, particularly for species of local concern or for species that are officially listed as threatened or endangered.
iii. COS 9. Preserving the City’s scenic resources, including mountains, hills, ridgelines, rock outcroppings, canyons, mature trees, the Santa Ana River and floodplain, riparian corridors, agricultural fields, views of scenic resources from vista points or along scenic street or highway corridors, and other landscape features deemed significant by the City Council.” Section 6. Approval of Change of Zone. Based on the foregoing, the City Council of the City of Jurupa Valley hereby rezones approximately (1) 44 combined acres of real property located north of the Santa Ana River and east of the Crest Steel Corporation (APNs: 185-210-004, 005, -009) from Manufacturing-Heavy (M-H) Zone to Watercourse, Watershed and Conservation Areas (W-1) Zone, and (2) 40 combined acres of real property located at the southeast corner of Van Buren Boulevard and Jurupa Road (APNs: 169-290-037, -004, -005, -008, AND -010; 169- 300-002 and -015; 165-050-016) from Manufacturing - Service Commercial (M -SC) and Residential Agriculture (R-A) Zones to Watershed and Conservation Areas (W-1) Zone and Multiple Family Dwellings (R-2) all as depicted in Exhibit “A” attached hereto , and directs the City Manager to revise the official City of Jurupa Valley Zoning Map to designate the properties as being in these new zones.
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Section 7. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall no t affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 8. Effect of Ordinance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside incorporated by the City of Jurupa Valley that may in conflict with the terms of this Ordinance.

Section 9. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 10. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this ____ day of __________, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF JURUPA VALLEY ) I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-__ was introduced at a meeting of the City Council of the City of Jurupa Valley on the ____ day of __________, 2022, and thereafter at a regular meeting held on the ____ day of __________, 2022, it was duly passed and adopted by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this ____ day of __________, 2022. ________________________________ Victoria Wasko, City Clerk City of Jurupa Valley EXHIBIT A (Attached) -8-

Crest Steel
Crest Steel
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Land Use Area 18 – Existing Zoning (M-SC and R-A)

Land Use Area 18 – Proposed Zoning W-1 and R-2
ATTACHMENT 2 (Adopted Planning Commission Resolution)
RESOLUTION NO. 2022-02-09-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF JURUPAV ALLEY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY (1) APPROVE CHANGE OF ZONE NO. 21016 FOR CONSISTENCY WITH THE 2017 GENERAL PLAN TO CHANGE THE ZONING CLASSIFICATIONS OF APPROXIMATELY (A) 44 COMBINED ACRES OF REAL PROPERTY LOCATED NORTH OF THE SANTA ANA RIVER AND EAST OF THE CREST STEEL CORPORATION (APNS: 185-210-004, 005, -029) FROM M-H MANUFACTURING - HEAVY) ZONE TO WATERCOURSE, WATERSHED AND CONSERVATION AREAS (W-1) ZONE, AND (B) 40 COMBINED ACRES LOCATED AT THE SOUTHEAST CORNER OF VAN BUREN BOULEYARD AND JURUPA ROAD (APNS: 169- 290-037, 004, -005, -008, AND 169-300-015, -002, -016) FROM MANUFACTURING-SERVICE COMMERCIAL (M-SC) AND RESIDENTIAL AGRICULTURE (R-A) TO WATERSHED AND CONSERVATION AREAS (W-1) ZONE AND MULTIPLE FAMILY DWELLINGS (R-2), AND (2) MAKE FINDINGS PURSUANT TO CEQA AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS: Section 1. Project. The City has initiated Zoning Code and Map Amendments (Change of Zone No. 21016 or CZ No. 21016) (the "Project") for consistency with the 2017 Jurupa Valley General Plan and certain land use re-designations adopted by the City Council as part of the Council's approval of General Plan Amendment No. 1406 on September 7, 2017. Section 2. Change of Zones. (a) The City has initiated Change of Zone No. 21016 to change the zoning classification of approximately 84 combined gross acres of real property as follows and as shown in Exhibit "A": 1) Approximately 44 combined acres of real property located north of the Santa Ana River and east of the Crest Steel Corporation (APNs: 185-210-004, 005, -029) from Manufacturing Heavy (M-H) Zone to Watercourse, Watershed and Conservation Areas (W-1) Zone;and 2) Approximately 40 combined acres located at the southeast comer of Pyrite Street and Jurupa Road (APNs: 169-290-037, 004, -005, -008, and -010 and 169-300-015, PC Reso. No. 2022-02-09-01 Page 1 of9 -002, 016; from Manufacturing-Service Commercial (M-SC) and Residential Agriculture) (R-A) Zones to Watershed and Conservation Areas (W-1) Zone and Multiple Family Dwellings (R-2). (b) Section 9.285.040.(1) of the Jurupc;i Valley Municipal Code provides that the Planning Commission shall hold a public hearing on proposed amendments to the City's Zoning Ordinance that propose to change property from one zone to another. (c) Section 9.285.040.(3) of the Jurupa Valley Municipal Code provides that after closing the public hearing the Planning Commission shall render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the re·commendationis to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. If the Planning Commission does not reach a decision due to a tie vote, that fact shall be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (d) Section 9.285.040.(4)(a) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation for approval by the Planning Commission, the City Clerk shall set the matter for public hearing before the City Council at the earliest convenient day, and give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission. Section 3. Procedural Findings. The Planning Commission of the City of Jurupa Valley do s hereby find, deterlhine and declare that: (a) The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) The project was initially noticed to be heard at the January 26, 2022 Planning Commission hearing. At the January 26, 2022 Planning Commission meeting, staff recommended that the Plaiming Commission continue the matter off-calendar so that the project could be re-noticed since there was an error in the public notice. (c) On February 9, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project, at which time all persons interested in the Project had the oppo11unity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. (d) All legal preconditions to the adoption of this Resolution have occun·ed. Section 4. California Environmental Quality Act Findings. The Planning Conunission hereby recommends that the City Council of the City of Jurupa Valley make the following environmental findings and determinations in connection with the approval of the Project: PC Reso. No. 2022s02-09-01 Page 2 of9 (a) Pursuant to CEQA and the City's local CEQA Guidelines, City staff has considered the potential environmental impacts of the Project. City staff has also reviewed the Final Programmatic Environmental Impact Report (FEIR) for the "2017 General Plan of the City of Jurupa Valley" project certified by the City Council on September 7, 2017, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant enviromnental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential enviromnental impacts associated with the "2017 General Plan of the City of Jurupa Valley" project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (b) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project, as modified, is not subject to further environmental review pursuant to the Guidelines because: 1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and 2) All potential environmental impacts associated with the "2017 General Plan of the City of Jurupa Valley" project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior FEIR, and all other materials that constitute the record of proceedings upon which the Planning Commission detennination is based, is the Planning Department of the City of Jurupa Valley. Those documents are available for public review in the Planning Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509. Section 5. Findings for Recommendation of Approval of Change of Zones. The Planning Commission of the City of Jurupa Valley does hereby recommend that the City Council of the City of Jurupa Valley find and determine that Change of Zone No. 21016 should be adopted because the proposed change of zoning classification from: (a) Manufacturing-Heavy (M-H) Zone to Watercourse, Watershed and Conservation Areas (W-1) Zone for approximately 44 combined acres is consistent with the 2017 Jurupa Valley General Plan and the requirements of the General Plan land use designation of Open Space - Conservation in that the General Plan sets forth the following goal and implementing measures: PC Reso. No. 2022-02-09-01 Page 3 of9 "To be a good steward of Jurupa Valley's natural resources, and protect and enhance open space by: 1. COS 2. Seeking to achieve self-sustaining populations of the native birds, fish, and other wildlife and avoid actions that remove or damage habitat for native plants and animals; 11. COS 8. Securing and maintaining a diverse network of open lands including valuable natural and recreational resources, including: Santa Ana River floodway and riparian areas, Jurupa Mountains, Pedley Hills, and Indian Hills, wetlands, vernal pools, and wildlife habitat and corridors, particularly for species of local concern or for species that are officially listed as threatened or endangered. 111. COS 9 Preserving the City's scenic resources, including mountains, hills, ridgelines, rock outcroppings, canyons, mature trees, the Santa Ana River and floodplain, riparian corridors, agricultural fields, views of scenic resources from vista points or along scenic street or highway corridors, and other landscape features deemed significant by the City Council." (b) Manufacturing- Service Commercial and Residential Agriculture (R-A) to Watershed and Conservation Areas (W-1) Zone for approximately 40 combined acres is consistent with the 2017 Jurupa Valley General Plan and the requirements of the General Plan land use designation of Open Space Conservation in that the General Plan sets forth the following goal and implementing measures: "To be a good steward of Jurupa Valley's natural resources, and protect and enhance open space by: iv. COS 2. Seeking to achieve self-sustaining populations of the native birds, fish, and other wildlife and avoid actions that remove or damage habitat for native plants and animals; v. COS 8. Securing and maintaining a diverse network of open lands including valuable natural and recreational resources, including: Santa Ana River floodway and riparian areas, Jurupa Mountains, Pedley Hills, and Indian Hills, wetlands, vernal pools, and wildlife habitat and c01Tidors, particularly for species of local concern or for species that are officially listed as tlueatened or endangered. vi. COS 9. Preserving the City's scenic resources, including mountains, hills, ridgelines, rock outcroppings, canyons, mature trees, the Santa Ana River and floodplain, riparian corridors, agricultural fields, views of scenic resources from vista points or along scenic street or highway conidors, and other landscape features deemed significant by the City Council." PC Reso. No. 2022-02-09-01 Page 4 of9 Section 6. Certification. The Community Development Director shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Jurupa Valley on this 9th day of February, 2022. r_:'}J Hakan Jacks Chair of Jurupa Valley Planning Commission ATTEST: evelopment Director/Secretary to the Planning Commission PC Reso. No. 2022-02-09-0 I Page 5 of9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF JURUPA VALLEY ) I, Joe Perez, Community Development Director of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-02-09-01 was duly adopted and passed at a meeting of the Planning Commission of the City of Jurupa Valley on the 9th day of February, 2022, by the following vote, to wit: AYES: COMMISSION MEMBERS: Chair Jackson, Chair Pro Tern Carmona, Commissioners Newman, Pruitt, Shultz NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: ABSTAIN: COMMISSION MEMBERS: !p COMMUNITY DEVELOPMENT DIRECTOR Exhibit A: Change of Zone No. 21016 PC Rcso.. No. 2022-02-09-01 Page 6 of9 EXHIBIT A Land Use Area 13: Existing Zoning M-H (Manufacturing - Heavy) t Land Use Area 13: Proposed Zoning W-1 (Watercourse, Watershed and Conservation Area) r--I ------ ,. ..- PC Reso. No. 2022-02-09-01 Page 7 of 9

Exh ibit 7 - P'ropo&.edl .i on ing

Land Use Area 18 – Existing Zoning M-SC and R-A
Land Use Area 18 – Proposed Zoning W-1 and R-2
Jurupa Road
LUA 18
Van Buren Blvd.

ATTACHMENT 3 (Previous Environmental Review Determination)

Previous Environmental Document Change of Zone No. 21016 (CZ21016) Lead Agency City of Jurupa Valley 8390 Limonite Avenue Jurupa Valley, CA 92509 Contact: Tamara Campbell, Principal Planner (951) 332-6464 [email protected] January 21, 2022 Group 3 Zoning Implementation Program

1.0 DETERMINATION On the basis of the evaluation in Section 3.0 of this document, I find that although the Project could have a significant effect on the environment because all potentially significant effects: (a) have been analyzed adequately in the City of Jurupa Valley,2017 General Plan Final Environmental Impact Report State Clearinghouse No. 2016021025 (EIR), pursuant to all applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, nothing further is required.

City of Jurupa Valley Signature Agency Joe Perez, Community Development Director January 21, 2022 Printed Name/Title Date

Group 3 Zoning Implementation Program

2.0 INTRODUCTION 2.1 Document Purpose This document is a Previous Environmental Document (PED) prepared per the California Environmental Quality Act (CEQA). This PED has been prepared to determine if the General Plan, Group 3, Zoning Implementation Program (Project) is within the scope of the analysis contained in the City of Jurupa Valley, 2017 General Plan Final Environmental Impact Report State Clearinghouse No. 2016021025 (2017 EIR) certified by the City Council on September 17, 2017, and to ensure that the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the 2017 EIR as required by CEQA Guidelines §15162. 2.2 Project Description On September 7, 2017, the City Council adopted the 2017 General Plan. As a result, the existing zoning on several properties became inconsistent with the General Plan. A city’s zoning must be consistent with its General Plan by law. On November 15, 2018, the City Council initiated a Zoning Implementation Program to amend the zoning on the affected properties consistent with the General Plan Land Use Map. Group 3 of the Zoning Implementation Program reflects the latest round of zone changes and consists of two (2) geographic areas identified as LUA 13 and LUA 18. The exhibits on pages 3 and 4 show the locations of each LUA and the proposed zone changes.

Group 3 Zoning Implementation Program

LUA 13
Change the zoning of approximately 44 combined acres from M-H (Manufacturing Heavy) to W-1 (Watercourse, Watershed, and Conservation Area). LUA 13 consists of three (3) individual parcels. The eastern parcel is part of the Hidden Valley Wildlife Area and is permanently dedicated to habitat preservation. The center parcel is owned by the Metropolitan Water District (MWD) and provides access to a large underground water pipe. The westernmost parcel is available for limited development if access were established. The W-1 zone’s intent is to preserve watercourses and watersheds and to promote conservation purposes.

From M-H to W-1
General Dr

Van Buren Blvd

Group 3 Zoning Implementation Program

LUA 18 Change the zoning of approximately 40 combined acres from Manufacturing-Service Commercial (M-SC) and Residential Agriculture (R-A) to W-1 (Watercourse, Watershed, and Conservation Area) AND R-2 (Multiple Family Dwellings).

Change from M-SC and R-A to W-1 and R-2
Group 3 Zoning Implementation Program

3.0 ANALYSIS The General Plan EIR is a program-level Environmental Impact Report (EIR) prepared to evaluate the environmental impacts associated with the 2017 General Plan and to identify General Plan policies that would function as mitigation measures to avoid or minimize significant environmental impacts. The General Plan EIR determined that all environmental impacts, except for Agricultural and Forestry Resources, Air Quality, Noise, and Transportation and Traffic, would have a no impact, a less than significant impact, or a less than significant impact with mitigation incorporated. (Refer to General Plan Table 1. B General Plan-Environmental Impacts and Mitigation Summary).1 The proposed zone changes for LUA 13 and LUA 18 do not change the development type, intensity, or density allowed under the General Plan. Future development within LUA 13 and LUA 18 will require further CEQA review to determine the appropriate level of CEQA documentation when details about a proposed development project are provided. In all cases, each future Project will be subject to the General Plan Policies and mitigation measures as applicable. CEQA Guidelines §15162, Subsequent EIRs and Negative Declarations, allows a certified EIR to serve as the CEQA clearance for a project if it meets the following criteria: (1) Substantial changes are proposed in the Project, which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effect; (2) Substantial changes occur with respect to the circumstances under which the Project is undertaken, which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, or the Negative Declaration was adopted, shows any of the following: (A) The Project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR. (C) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative. 1 General Plan EIR, Table 1.B.

Group 3 Zoning Implementation Program

(D) Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed zone changes for LUA 13 and LUA 18 do not change the development type, intensity, or density allowed under the General Plan. The zone changes only make the zoning for each property consistent with the General Plan as required by state law. The Project is not making any changes to the General Plan land use designations not previously analyzed in the 2017 EIR. Based on field inspections2 and aerial photography, no significant changes to the physical environment on or adjacent to the subject properties would change any baseline environmental conditions as analyzed in the EIR. All of the properties still are vacant undeveloped land. Based on a review of the City of Jurupa Valley Major Development Projects, December 21, 2021, there have been no new development projects approved on or near the subject properties that were not analyzed in the EIR.3 Future development within LUA 13 and LUA 18 will require further CEQA review to determine the appropriate level of CEQA documentation when details about a proposed development project. In all cases, each future Project will be subject to the General Plan Policies and mitigation measures as applicable. Conclusion Based on the analysis above, the Project is consistent with CEQA Guidelines §15162. 2 Conducted between December 1, 2021, and December 29, 2021 3 https://www.jurupavalley.org/DocumentCenter/View/2144/Major-Development-Projects-December-2021 ATTACHMENT 4 (Manufacturing Heavy (M-H) Zone)
Title 9 - PLANNING AND ZONING CHAPTER 9.225. W-1 ZONE (WATERCOURSE, WATERSHED AND CONSERVATION AREAS) Jurupa Valley, California, Municipal Code Created: 2021-11-24 12:55:56 [EST] ( Supp. No. 12) Page 1 of 2 CHAPTER 9.225. W-1 ZONE (WATERCOURSE, WATERSHED AND CONSERVATION AREAS) Sec. 9.225.010. W-1 Zone (watercourse area) statement of policy. There are some areas of the city which under present conditions are not suited for permanent occupancy or residency by persons for the reason that they are subject to periodic flooding and other hazards. The provisions of this chapter are temporary in nature, awaiting detailed plans of development for the lands and areas so classified. The regulations of this chapter shall apply to lands so classified until either: (1) A drainage and storm water control plan approved by the Planning Commission and the City Council shall have been carried out and put into effect; or (2) The lands have been subdivided and a final subdivision map placed on record in accordance with the applicable state and city regulations, including approval by the Planning Commission and City Council. In either of these two (2) instances, the property may thereafter be reclassified into any other zone pursuant to regular zoning procedure. Sec. 9.225.020. Uses permitted. A. The following uses are permitted in the W-1 Zone: (1) Field, tree and bush crops; flower and herb gardening. (2) Apiaries. (3) The grazing only, of cattle, horses, sheep and goats and similar livestock, subject to the restrictions as to the number of animals per acre set forth in Section 9.175.020(A)(4). (4) Golf courses, not including the construction of buildings. (5) Water works facilities, both public and private intended primarily for the production and distribution of water for agricultural purposes. (6) Utilities, both public and private. (7) Aquaculture. B. The following uses are permitted provided a conditional use permit has been granted: (1) Airports and heliports. (2) Any mining operation which is exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 (Pub. Resources Code Section 2710 et seq.) and Chapter 5.65. (3) Exploratory oil drilling, producing oil wells, oil storage tanks and appurtenant facilities, but not including refineries. (4) Racing and competition events other than between humans. (5) Hunting clubs, skeet, trap, rifle and pistol ranges. (6) Recreational vehicle parks.

Created: 2021-11-24 12:55:56 [EST] ( Supp. No. 12) Page 2 of 2 (7) Tennis, badminton, volleyball, squash, lacrosse, handball, baseball, racquetball and football, courts and sport recreational fields and uses. (8) Buildings and structures in conjunction with any use that is permitted under subsection (A) of this section. C. The following uses are permitted upon approval of a site development permit pursuant to Section 9.240.330: (1) Signs, on-site advertising, unless previously approved as a part of a granted conditional use permit. (2) Meteorological towers. D. The following uses are permitted provided that the operator thereof holds a permit to conduct surface mining operations issued pursuant to Chapter 5.65, which has not been revoked or suspended: Any mining operation that is subject to the California Surface Mining and Reclamation Act of 1975 (Pub. Resources Code Section 2710 et seq.). E. Commercial WECS and WECS arrays with no limit as to rated power output are permitted, provided a commercial WECS permit has been granted pursuant to the provisions of Section 9.240.420. (Ord. No. 2012-02, § 1, 6-7-2012) Sec. 9.225.030. Automobile storage space. Automobile storage space shall be provided as required by Section 9.240.120. Sec. 9.225.040. Structure height. No commercial WECS shall exceed four hundred (400) feet in height. No other building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall any building or structure exceed one hundred and five (105) feet in height, unless a variance is approved pursuant to Section 9.240.270.

ATTACHMENT 5 (Business Park (BP) Zone)
Title 9 - PLANNING AND ZONING CHAPTER 9.112. B-P ZONE (BUSINESS PARK) Jurupa Valley, California, Municipal Code Created: 2021-11-24 12:55:54 [EST] ( Supp. No. 12) Page 1 of 4 CHAPTER 9.112. B-P ZONE (BUSINESS PARK) Sec. 9.112.010. Purpose and application. The B-P Zone is intended to provide for research and development, light manufacturing, business sales and services and other business-supporting commercial uses. It is not intended to include general warehousing, shipping, or logistics. The B-P Zone implements and is consistent with the Business Park land use category of the General Plan. ( Ord. No. 2017-09 , § 5, 9-21-2017) Sec. 9.112.020. Uses permitted. A. The following uses are permitted: (1) Bakery—Wholesale. (2) Banks, financial services, ATMs. (3) Business support services. (4) Catering services. (5) Copying and quick printer services. (6) Laboratory—Medical, analytical, research, testing. (7) Manufacturing—Light. (8) Media production—Broadcast studio. (9) Printing and publishing. (10) Offices, professional sales and services, including business, law, medical, dental, chiropractic, architectural and engineering, public utilities. (11) Restaurant. (12) School—College, university, vocational, specialized training. (13) Social service organization. (14) Transit stop, station or terminal. (15) Veterinary clinic/hospital, boarding (indoor). B. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section [9.240.330]: (1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities. (3) Automobile service stations, not including the concurrent sale of beer and wine for off-premises consumption. (4) Commercial recreation facility—Indoor.

Created: 2021-11-24 12:55:54 [EST] ( Supp. No. 12) Page 2 of 4 (5) Conference facilities. (6) Convenience market. (7) Equipment sales and rental. (8) Fitness/health facility. (9) Maintenance services. (10) Medical services—Clinic, urgent care. (11) Microbrewery—Brewpub, craft brewery. (12) Office-supporting retail. (13) Parking lots and structures. (14) Personal services—Nails, beauty salon, barber. (15) Repair services—Electronic equipment, large appliances, etc. (16) Warehouse stores—Forty-five thousand (45,000) square feet or less gross floor area. (17) Work/live units. (18) Vehicle services—Repair and maintenance. (19) Studio—Art, dance, martial arts, music, etc. C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section [9.240.280]: (1) Auto, truck, motorcycle, boat and RV sales, rental and repair. (2) Bar/tavern. (3) Furniture and fixtures manufacturing, cabinet shop. (4) Hotel, motel, extended stay hotel. (5) Heliports. (6) Hospital. (7) Mortuary, funeral home. (8) Public safety facilities (police, fire, EMT, etc.) (9) Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area. D. Uses not listed. Any use that is not specifically listed in Subsections A., B., and C. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls. E. Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections A., B., and C. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use

Created: 2021-11-24 12:55:54 [EST] ( Supp. No. 12) Page 3 of 4 shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use. ( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021) Sec. 9.112.030. Development standards. The following shall be the standards of development in the B-P Zone: (1) Lot size. The minimum lot size shall be one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780)) square feet with a minimum average lot width of one hundred (100) feet, minimum average lot depth of one hundred (100) feet and minimum lot frontage width of fifty (50) feet. (2) Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet at the yard setback line. Any portion of a structure that exceeds thirty-five (35) feet in height shall be set back from each yard setback line not less than two (2) feet for each one (1) foot in height that is in excess of thirty-five (35) feet. All buildings and structures shall not exceed fifty (50) feet in height. (3) Landscaping. A minimum fifteen (15) percent of the net area of the site (exclusive of right-of-way) shall be landscaped and maintained, and automatic irrigation shall be installed. (4) Street setbacks. A minimum twenty-five (25) foot setback shall be required on any street. A minimum ten (10) foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off-street automobile parking, driveways, or landscaping. (5) Side yard setbacks. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined. (6) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (7) Other setbacks. A minimum one hundred (100) foot setback shall be required on any boundary where the business park property abuts a residential or commercially zoned property. A minimum of twenty (20) feet of the setback shall be landscaped. The other setback area may also be used for trails, bicycle, motorcycle and automobile parking, trash/recycling enclosure, driveways or landscaping. Block walls or other fencing may be required. Barbed wire or concertina wire shall not be allowed. (8) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping. They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required. (9) Outside storage. Outside storage shall be screened with structures or landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line. (10) Parking. Parking shall be provided as required by [Section 9.240.120]. (11) Utilities. All new utilities shall be underground. (12) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty (1,320) feet. (13) Signs. All signs shall be in conformance with [Chapter 9.245].

Created: 2021-11-24 12:55:54 [EST] ( Supp. No. 12) Page 4 of 4 (14) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. ( Ord. No. 2017-09 , § 5, 9-21-2017)

STAFF REPORT
DATE: MARCH 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.E

PUBLIC HEARING TO CONSIDER CALLING A SPECIAL
ELECTION; DECLARING THE RESULT S OF THE ELECTION;

AND APPROVING FORMATION AND LEVY O F SPECIAL TAXES

FOR CITY OF JURUPA V ALLEY COMMUNITY FACI LITIES
DISTRICT NO. PS 2021 -002 (PUBLIC SAFETY, MONTECITO)

GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
MISSION BOULEVARD AND AGATE STREET, TRACT NO. 37893
RECOMMENDATION:
1) That the City Council open the public hearing and take testimony, if any. 2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2022-20, entitled:

RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2021 -002 (PUBLIC SAFETY, MONTECITO ),

TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO AUTHORIZE

THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2022-21, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF CITY OF JURUPA VALLEY COMMUN ITY FACILITIES DISTRICT NO. PS 2021 -002 (PUBLIC SAFETY, MONTECITO )

PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

RETURN TO AGENDA

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND

4) That the City Council adopt Resolution No. 2022-22, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUN ITY FACILITIES DISTRICT NO. PS2021-001 (PUBLIC

SAFETY, MONTECITO) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND

5) That the City Council waive full reading, read by title only and introduce Ordinance No. 2021-07, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUN ITY FACILITIES DISTRICT NO. PS 2021 -002 (PUBLIC

SAFETY, MONTECITO) AUTHORIZING THE LEVY OF A SPECIAL TAX

THEREIN

BACKGROUND

On February 3, 2022, the City Council took the first step in the process of forming CFD No. PS 2021-002 PUBLIC SAFETY, MONTECITO (“CFD No. PS 2021-002”), composed of proposed Tract No. 37893. At that time, the City Council approved a Resolution of Intention, Resolution No. 2022 -10, to form CFD No. PS 2021-002 and to authorize the levy of a special tax. At that meeting, the City Council set March 17, 2022 as the date for the public hearing.

The State Legislature enacted the Mello -Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The owner s- GDC-RCH Montecito , LP , Montecito GP, LLC, and GDC Investments 13, LP- requested that the City assist them in forming a district in order to cover the costs associated with providing law enforcement protection services.

The CFD will set up a special tax to generally cover cost associated with providing law enforcement protection services, including but not limited to:
 The costs of contracting services.
 Equipment, vehicles, supplies.
 The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively.  City overhead costs associated with providing such services within the District.  Services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls.

ANALYSIS

The proposed CFD will have a Maximum Special Tax for base year 2022 of:

TAX A
SFR (D/U) $220.00
MFR (D/U) $180.00
Approved Property $100.00

These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.

OTHER INFORMATION

 City Council initiated proceedings for the formation on February 3, 2022 . (Resolution No. 2022-10).

FINANCIAL IMPACT

The individual property owners are responsible for the annual payments of special taxes.

The City will file the annual special tax with the County Auditor -Controller. The property owners have posted a deposit with their application to form CFD No. PS 2021-002, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. PS 2021-002. The City’s cost to administer CFD No. PS 2021-002 annually will be reimbursed through the special taxes charged to property owners.

The revenue from this special tax will be deposited into a fund for CFD No. PS 2021-002 and will be used to pay for the Services as listed above and presented in the RMA. Both the revenue and expenses will be part of the City’s FY 2022-2023 Adopted Budget, and there is no anticipated impact to the general fund.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

-1-
RESOLUTION NO. 2022-20

RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2021 -002 (PUBLIC

SAFETY, MONTECITO), TO ESTABLISH AN APPROPRIATIONS LIMIT

THEREOF, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,

AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS

LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED

ELECTORS THEREOF

WHEREAS, on February 3, 2022 , the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2021 -002 (PUBLIC SAFETY, MONTECITO) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Califor nia Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);

WHEREAS, the Resolution of Intention , setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied wi thin the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;

WHEREAS, the Resolution of Intention set March 17, 2022 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;

WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;

WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;

WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;

WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or -2-
property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and

WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.

WHEREAS, City Staff reviewed the proposed CF D formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)

WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environmen t because the funds would not be used to construct new or expand existing facilities.

WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certa inty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:

1. Recitals Correct. The foregoing recitals are true and correct.

2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establis hment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

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3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO)” of the City is hereby established pursuant to the Act.

6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on February 14 th, 2022, in Book 88 at Page 33 as Instrument No. 2022-0078755 of Maps of Assessment and Community Facilities Districts.

7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.

8. Special Tax.

a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non -exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.

b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.

9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in -4-
force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:

a. If at least 12 persons h ave been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.

b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:

(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.

(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.

(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by t he Clerk by mail with return postage prepaid, or by personal service.

(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot -5-
identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.

(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.

(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signi ng and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.

(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that t he official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.

(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the elect ion on each proposition set forth in the official ballot.

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13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:

a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.

b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.

c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.

d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.

16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance ac tivities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

17. Effective Date. This resolution shall take effect upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 17th day of March, 2022.

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________________________
Chris Barajas
Mayor

ATTEST:

________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-20, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 17th day of March, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 17th day of March, 2022.

______________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1

EXHIBIT A

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2021-002
(PUBLIC SAFETY, MONTECITO)

DESCRIPTION OF SERVICES

Authorized Services shall be the following:

Special Tax Services for cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, ( v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.

B-1

EXHIBIT B

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2021-002
(PUBLIC SAFETY, MONTECITO)

RATE AND METHOD OF APPORTIONMENT

[please see attached]

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT No. PS 2021-002 (PUBLIC SAFETY,

MONTECITO) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (all capitalize d terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2021-002 (Public Safety, Montecito). The amount of Special Tax to be levied on a Parcel i n each Fiscal Year, commencing in Fiscal Year 2022-2023, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Sections B., C. , and D., be low. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

“Act” means the M ello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

“Administrative Expenses ” means all actual o r reasonably estimate d costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amoun ts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

“Administrator” means an official of th e City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Assessor” means the Assessor of the County.

“Assessor’s P arcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number ” means the number assigned to a lot o r Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

“Base Year” means the Fiscal Year ending June 30, 2023.

“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Build ing Permits issued or change d after the first issuance.

“CFD” means Community Facilities District No. PS 2021 -002 (Public Safety, Montecito) of the City of Jurupa Valley.

“City” means the City of Jurupa Valley, California.

“Consumer Price Inde x” means the Con sumer Price Inde x published by the U.S.

Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this ind ex ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside-San Bernardino -Ontario Area.

“Council” means the City Council of th e City acting as the legislative body of the CFD.

“County” means the County of Riverside, California.

“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded prior to Januar y 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.

“Dwelling Unit” or “(D/U) ” means a residential un it that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.

“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a con dominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

“Incidental Expenses ” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in o rder to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

“Land Use Class” means any of the classes listed in Table 1 of Section C. below.

“Maximum Special Tax ” means for each P arcel in each Fi scal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year

“Multifamily Residential Property ” means all Parcels of Developed Pro perty that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was is sued, permitting the construction of one or more non -residential structures.

“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offe red for dedication to a property owner association, including any mas ter or sub -association, prior to A pril 1 st preceding the Fiscal Year in which the Special Tax is being levied.

“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.

“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the Co unty, City or any other public ag ency, provided, however, that any pr operty leased by a public agency t o a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

“Single Family Property ” means all Parcels o f Residential Pr operty, other than Multifamily Residential Property.

“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

“Special Tax Requirement” means for each Fisca l Year, that amo unt required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CF D, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.

“Special Tax Ser vices” means t he cost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, (iv) City over head costs associated with provid ing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including b uilding a reserve fund for replace ment and maintenance and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.

“State” means the State of California.

“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map w hich are not exempt from the Special Tax pursuant to Section E., below.

“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classified as Developed Prop erty, Ap proved Property, Public P roperty or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS

Each Fiscal Year, commencing with Fiscal Year 2022-2023, all Parcels of Taxable Property shall be c lassified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.

TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2022-2023

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2023, based on the percen tage incre ase in th e Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

(b) Multiple Land Use Classes

In some instances, a Parcel of D eveloped Property may co ntain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land

Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site p lan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.

TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2022-2023

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 23, based on the percentage inc rease in the Consumer Price Index w ith a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property

No Special Tax shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 202 2-2023 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requirement in ac cordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum Special Tax as needed to satisfy the Special Tax Requirement; and

Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Property. Notwit hstanding the forgo ing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.

E. EXEMPTIONS

The CFD shall not levy Special Taxes on Public Property an d Property Owner’s Association Property within the CFD . Exempt Proper ty status will be assigned by the Administrator in the chronological order in which Parcels b ecomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified a s Taxable Proper ty, and will continue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject to the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different manner if neces sary to meet the fi nancial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS

Any taxpayer may file a written appea l of the Special Ta x on his/her Par cel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Administrator deems necessary, and advise the appellant of its determin ation. If the Admi nistrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Spe cial Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall in terpret this Rate a nd Method of App ortionment and make determinations relative to the annual levy and administration of the Spec ial Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levied annually in perpetuity unle ss terminated ea rlier by the City.
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RESOLUTION NO. 2022-21

A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF JURUPA

VALLEY, CALIFORNIA, CALLING A SPECIAL EL ECTION AND

SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTR ICT NO . PS 2021 -002 (PUBLIC SAFETY, MONTE CITO) PROPOSITIONS REGARD ING THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE

ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNIT Y

FACILITIES DISTRICT

WHEREAS, on March 17, 2022 , the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No . PS 2021 -002 (PUBLIC SAFETY, MONTECITO ) (the “District”); and

WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No . PS 2021 -002 (PUBLIC SAFETY, MONTECITO), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and

WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Specia l Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and

WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and

WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the Distric t, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for March 17, 2022, to consider the proposition described in Section 3 below. -2-
SECTION 3. Proposition.

a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.

b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.

c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in th e office of the City Clerk and by this reference incorporated herein.

d. The proposition to be submitted to the voters of the District at such special election shall be as follows:

“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No .

PS 2021-002 (PUBLIC SAFETY, MONTECITO ), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2021 -002 (PUBLIC SAFETY, MONTECITO ), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salarie s and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall t he appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?
SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution sh all be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Distric t which would be subject to the proposed special taxes if they were levied at the time of the election.

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SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 6. Election Procedures.

a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.

b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.

SECTION 7. Concurrence of City Clerk. The City Council hereby fin ds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 17th day of March, 2022.

________________________
Chris Barajas
Mayor

ATTEST:

________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-21, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 17th day of March, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 17th day of March, 2022.

______________________
Victoria Wasko, City Clerk
City of Jurupa Valley

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RESOLUTION NO. 2022-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY DECLARING THE RESULTS OF A SPECIAL ELECTION IN
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO.

PS 2021 -002 (PUBLIC SAFETY, MONTECITO) AND DIRECTING THE

RECORDING OF A NOTICE OF SPECIAL TAX LIEN

WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2022-21 on March 17, 2022, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2021 -002 (PUBLIC SAFETY, MONTECITO) Propositions Regarding the Es tablishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Fa cilities District No. PS 2021-002 (Public Safety, Montecito); and

WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on March 17, 2022, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and

WHEREAS, this City Council has reviewed said Certificate and hereby approves it;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.

3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.

4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
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5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 17th day of March, 2022.

________________________
Chris Barajas
Mayor

ATTEST:

________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-22, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 10th day of March, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 17th day of March, 2022.

______________________
Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
12774-0005\1942425v1.doc

EXHIBIT A

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2021-002
(Public Safety, Montecito)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVAS OF THE ELECTION RETURNS

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. PS 2021-002 (Public Safety, Montecito), and that the election was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on March 17, 2022.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. PS 2021-002
(PUBLIC SAFETY, MONTECITO) Special
Tax Election, March 17, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND thi s 17th day of March, 2022.

By: __________________________
City Clerk
City of Jurupa Valley

B-1

EXHIBIT B

Ballot Measure:

“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Faciliti es District No.

PS 2021-002 (Public Safety, Montecito), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2021-002 (Public Safety, Montecito), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for rep lacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?”

V

MARCH 2022

CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR

CITY OF JURUPA VALLEY

COMMUNITY FACILITIES
DISTRICT NO. PS 2021-002
CFD NO. 2021-002

PUBLIC SAFETY, MONTECITO
Prepared By:

HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742

www.hrgreen.com

1 Table of Contents

INTRODUCTION ..................................................................................................................... 2 DESCRIPTION OF SERVICES ..................................................................................................... 3 GENERAL DESCRIPTION ................................ ................................ ................................ ..................3 INCIDENTALS ................................ ................................ ................................ ................................ .3 COST ESTIMATE ..................................................................................................................... 4 INCIDENTAL EXPENSES ................................ ................................ ................................ ...................4 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX .................................................. 5 PROPOSED BOUNDARIES ....................................................................................................... 6 E. EXEMPTIONS .............................................................................................................. 8 F. MANNER OF COLLECTION....................................................................................... 8 G. APPEALS ..................................................................................................................... 9 H. TERM OF THE SPECIAL TAX ................................................................................... 9

Appendix A
RATES AND METHOD OF APPORTION MENT OF SPECIAL TAXES FOR CFD NO. 2021- 002 (PUBLIC SAFETY, MONTECITO)
Appendix B
BOUNDARY MAP FOR CFD NO. 2021-002 (PUBLIC SAFETY, MONTECITO)

2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2021-002 (MONTECITO)

INTRODUCTION

WHEREAS, the City Council of the CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, be ing Chapter 2.5 of Division 2 of title 5 of the California Government Cod e (“Act”) on March 17, 2022 , adopt Resolution No. 2022-10 (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Repo rt”). This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. PS 2021-002 (PUBLIC SAFETY, MONTECITO) CITY OF JURUPA VALLEY (CFD) and (C FD NO. PS 2021 -002, PUBLIC SAFETY, MONTECITO); and,

WHEREAS, The Resolution ordering said Report, did direct that the Report generally contain the following:

• A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such services, i ncluding the incidental expenses, to be incurred in connection with the CFD;

NOW, THEREFORE, the undersigned, the responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.

A Community Facilities District may provide for financing of certain public services, which are necessary to meet increased demands placed upon local agencies as a result of dev elopment or rehabilitation occurring with the CFD.

The following Report contains the description of CFD NO. PS 2021-002 boundaries, description of services, and the financial analysis for CFD NO. PS 2021-002.

Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.

Steve Loriso, R.C.E. 64701

3 DESCRIPTION OF SERVICES

GENERAL DESCRIPTION

A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:

The cost associated with providing law enforcement services, including but not limited to (i) The costs of contracting services,
(ii) Equipment, vehicles, supplies,
(iii) The salaries and benefits of City staff that directly provide law enforcement services,
(iv) City overhead costs associated with providing such services within the District, (v) All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.

INCIDENTALS

All other services necessary or useful for, or in connection with, the authorized services li sted above, including, but not limited to, building a reserve fund fo r replacement. Refer to Appendix A, Rate and Method of Apportionment, for details.

The services listed herein are representative of the types of services authorized to be financed by Community Facilities District NO. PS 2021-002 (Public Safety, Montecito). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standard s of CITY OF JURUPA VALLEY. Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the CITY OF JURUPA VALLEY, the Community Facilities District NO. PS 2021 -002 (Public Safety, Montecito), and the Act.

4 COST ESTIMATE

According to the City, the funds r equired to fun d the impacts of the development (within the District bo undaries) on law enforcement services is more or les s equival ent to the amounts shown in the table below:

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00

The development known as Montecito approved as TTM37893, which outlines the boundaries of this CFD, is anticipated to provide 25 single family residential units at buildout. The anticipated assessment at buildout at current conditions is $5,500.

INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Ac t, the proceeds of any special tax levied and collected by CFD NO. PS 2021 -002 (Public Safety , Montecito) may be used only to pay fo r the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, t he annual cos ts associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, paym ent of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, election costs, and charges and f ees of the City other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs o f posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.

5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX

The Rate and Method of A pportionment of the special tax is attached hereto as Appe ndix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property ta xes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary for CFD NO. PS 2021 -002 (Public Safety, Montecito) to meet its financial obligations as permitted by the Act.

All of the property located within CFD NO. PS 2021 -002 (Public Safety, Montecito), unles s exempt by law or by the special tax proposed for CFD NO. PS 2021 -002 (Public Safety, Montecito), shall be taxed fo r the purpose of providing n ecessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The special tax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reaso nable basis as determined by the Council, although the special t ax may not be apportioned on an ad valorem basis pursuant to Article X IIIA of the California Constitution.

The special tax for the CFD was established generally relying on building square foo tage, net taxable acreage, land use type, types of services, square footage of services areas, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were p rovided by the developer(s ) of the Montecito development (TR37893).

Data used for estimates on this report were not independently verified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans and on the Rate and Method of Apportionment for CFD No. PS 2021-002 (Public Safety, Montecito).

It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.

March 17, 2022.

Steve Loriso, R.C.E. 64701

6 PROPOSED BOUNDARIES

The proposed boundaries of CFD PS 2021-002 (Public Safety, Montecito ) are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed District boundaries as of Fiscal Year 20 22-2023 include the following assessors parcel number(s):

171-101-072
171-101-073

A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the CITY OF JURUPA VALLEY and was recorded with Riverside County Recorder’s Office.

APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD No. PS 2021-002 (PUBLIC SAFETY, MONTECITO)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT No. PS 2021-002 (PUBLIC SAFETY,

MONTECITO) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (all capitalize d terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2021-002 (Public Safety, Montecito). The amount of Special Tax to be levied on a Parcel i n each Fiscal Year, commencing in Fiscal Year 2022-2023, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Sections B., C. , and D., be low. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

“Act” means the M ello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

“Administrative Expenses ” means all actual o r reasonably estimate d costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amoun ts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

“Administrator” means an official of th e City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Assessor” means the Assessor of the County.

“Assessor’s P arcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number ” means the number assigned to a lot o r Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

“Base Year” means the Fiscal Year ending June 30, 2023.

“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Build ing Permits issued or change d after the first issuance.

“CFD” means Community Facilities District No. PS 2021 -002 (Public Safety, Montecito) of the City of Jurupa Valley.

“City” means the City of Jurupa Valley, California.

“Consumer Price Inde x” means the Con sumer Price Inde x published by the U.S.

Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this ind ex ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside-San Bernardino -Ontario Area.

“Council” means the City Council of th e City acting as the legislative body of the CFD.

“County” means the County of Riverside, California.

“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded prior to Januar y 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.

“Dwelling Unit” or “(D/U) ” means a residential un it that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.

“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a con dominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

“Incidental Expenses ” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in o rder to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

“Land Use Class” means any of the classes listed in Table 1 of Section C. below.

“Maximum Special Tax ” means for each P arcel in each Fi scal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year

“Multifamily Residential Property ” means all Parcels of Developed Pro perty that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was is sued, permitting the construction of one or more non -residential structures.

“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offe red for dedication to a property owner association, including any mas ter or sub -association, prior to A pril 1 st preceding the Fiscal Year in which the Special Tax is being levied.

“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.

“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the Co unty, City or any other public ag ency, provided, however, that any pr operty leased by a public agency t o a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

“Single Family Property ” means all Parcels o f Residential Pr operty, other than Multifamily Residential Property.

“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

“Special Tax Requirement” means for each Fisca l Year, that amo unt required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CF D, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.

“Special Tax Ser vices” means t he cost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, (iv) City over head costs associated with provid ing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including b uilding a reserve fund for replace ment and maintenance and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.

“State” means the State of California.

“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map w hich are not exempt from the Special Tax pursuant to Section E., below.

“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classified as Developed Prop erty, Ap proved Property, Public P roperty or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS

Each Fiscal Year, commencing with Fiscal Year 2022-2023, all Parcels of Taxable Property shall be c lassified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.

TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2022-2023

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2023, based on the percen tage incre ase in th e Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

(b) Multiple Land Use Classes

In some instances, a Parcel of D eveloped Property may co ntain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land

Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site p lan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.

TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2022-2023

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 23, based on the percentage inc rease in the Consumer Price Index w ith a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property

No Special Tax shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 202 2-2023 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requirement in ac cordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum Special Tax as needed to satisfy the Special Tax Requirement; and

Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Property. Notwit hstanding the forgo ing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.

E. EXEMPTIONS

The CFD shall not levy Special Taxes on Public Property an d Property Owner’s Association Property within the CFD . Exempt Proper ty status will be assigned by the Administrator in the chronological order in which Parcels b ecomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified a s Taxable Proper ty, and will continue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject to the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different manner if neces sary to meet the fi nancial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS

Any taxpayer may file a written appea l of the Special Ta x on his/her Par cel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Administrator deems necessary, and advise the appellant of its determin ation. If the Admi nistrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Spe cial Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall in terpret this Rate a nd Method of App ortionment and make determinations relative to the annual levy and administration of the Spec ial Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levied annually in perpetuity unle ss terminated ea rlier by the City.

APPENDIX B

BOUNDARY MAP
CFD No. PS 2021-002 (PUBLIC SAFETY, MONTECITO)

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ORDINANCE NO. 2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO . PS 2021 -002 (PUBLIC SAFETY,

MONTECITO) AUTHORIZING THE LEVY OF A SPECIAL TAX

THEREIN
RECITALS:

WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2022-10 entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO ) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Commun ity Facilities District No. PS 2021 -002 (PUBLIC SAFETY, MONTECITO )” ( the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2021- 002 (PUBLIC SAFETY, MONTECITO ) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set March 17, 2022 , at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2021 -002 (PUBLIC SAFETY, MONTECITO), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special

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Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors thereof” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Call ing Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on March 17, 2022 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2021-002 (PUBLIC SAFETY, MONTECITO ) and Directing the Recording of a Notice of Special Tax Lien ” (the “Resolution Declaring Results of Election”) which certified the results of the March 17, 2022 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES HEREBY ORDAIN AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.

3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

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4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subd ivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.

Reference is hereby made to the Rate and Method for a descr iption of other properties or entities that are expressly exempted from the levy of the Special Tax.

5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.

6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties a nd the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special T ax payments.

7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the appli cation of the Special Tax to the remaining parcels within the CFD shall not be affected.

9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 7th day of April, 2022.

______________________________
Chris Barajas
Mayor

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ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-07, was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 17th day of March, 2022, and thereafter at a regular meeting held on the 7th day of April, 2022, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 7th day of April, 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Page | 1
120

STAFF REPORT
DATE: MARCH 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.A

MID-YEAR BUDGET PRESENTATION AND AMENDMENTS FISCAL
YEAR 2021-2022

RECOMMENDATION
That the City Council receive and file the Fiscal Year 2021 -2022 Mid -Year Budget Presentation.

That the City Council of the City of Jurupa Valley approve Fiscal Year 2021 -2022 Mid- Year Budget Amendments to the City’s Budget as presented in the attached exhibit.

ANALYSIS
The FY 2021 -22 Budget was adopted on June 17, 2021. R evenue projections updated since this budget was approved have given the City the ability to amend the City Budget.

Expenditures are initially budgeted based upon the anticipated level of activity. However, it is often the case that as the fiscal year progresses some activities need to be increased or decreased to reflect changing circumstances. Consequently, most cities evaluate financial activities at or shortly after the midpoint of the budget year to determine if changes in resource allocation are necessary to meet these changing circumstances.

In order to properly provide for continuing FY 2021 -22 activity, staff believes some budgets should be adjusted at this time. The attached exhibit identifies the proposed amendments. In some cases, appropriations for certain expenditures are no longer necessary at previously approved levels. In other instances, additional appropriations are requested to offset anticipated expenditures for the year.

OTHER INFORMATION
None.

RETURN TO AGENDA

Adopted Revised
Account # Program/ Description Explanation Budget Increase decrease Budget 100.41110 Property Taxes Estimated increase on 3rd Qtr Report from HDL 7,825,780 100,000 7,925,780 100.41180 VLF Estimated increase on 3rd Qtr Report from HDL 8,691,579 116,131 8,807,710 100.41220 Sales Tax Estimated increase on 3rd Qtr Report from HDL 19,175,531 3,376,181 22,551,712 100.41320 Franchise Fee Solid Waste increases 2,284,585 130,000 2,414,585 100.42410 Building Fees Building Permit 1,788,696 (110,000) 1,678,696 100.42510 Engineering Engineering Fees 1,632,444 (330,000) 1,302,444 100.42510 Planning Planning Fees 2,049,600 (393,000) 1,656,600 100.48030 Other Revenue Developer Contributions - 1,575,000 1,575,000 43,448,215 5,297,312 (833,000) 47,912,527 Total Revenue Increase to General Fund 4,464,312
100.1110.54110 City Council Professional Services 50,000 87,241 137,241 100.1110.54147 City Council Comm Promotion/Econ Dev Program 143,000 (80,000) 63,000 100.1110.56590 City Council Furniture & Funishings - 9,200 9,200 100.1130.51110 City Manager Salaries & Benefits 871,314 (52,717) 818,597 100.1130.54110 City Manager Professional Services 56,000 156,112 - 212,112 100.1130.54140 City Manager Consulting Services 48,000 14,500 - 62,500 100.1130.56540 City Manager Meetings/Conferences 5,000 5,000 - 10,000 100.1140.51110 City Clerk Salaries & Benefits 199,691 (6,656) 193,035 100.1140.54140 City Clerk Consulting Services - 56,250 - 56,250 100.1140.54220 City Clerk Public Notices 52,000 (9,000) 43,000 -
100.1150.51110 Finance/Admin. Services Salaries & Benefits 1,033,727 (53,865) 979,862 100.1150.52270 Finance/Admin. Services Other employee costs - 4,000 4,000 100.1150.53010 Finance/Admin. Services Office Supplies 2,000 6,000 8,000 100.1150.54110 Finance/Admin. Services Professional Services 717,400 (140,000) 577,400 100.1150.54140 Finance/Admin. Services Consulting Services 25,000 (25,000) - 100.1150.54320 Finance/Admin. Services Bank Fees 9,800 12,000 21,800 -
100.1190.52270 Non-Departmental Other Employee Cost 25,000 13,000 38,000 100.1190.53010 Non-Departmental Office Supplies 10,000 6,000 16,000 100.1190.53011 Non-Departmental Copying Costs 34,000 14,000 48,000 100.1190.53015 Non-Departmental Cleaning Supplies - 15,000 15,000 100.1190.54310 Non-Departmental Postage 18,000 10,000 28,000 100.1190.57105 Non-Departmental Debt Service/Principal Expense - 170,000 170,000 100.1190.57110 Non-Departmental Interest Expense 350,000 (188,301) 161,699 -
100.1220.51110 Planning Salaries & Benefits 851,339 132,860 984,199 100.1220.53010 Planning Office Supplies 6,000 8,772 14,772 100.1220.53012 Planning Books/Subcriptions - 912 912 100.1220.54110 Planning Professional Services - 300,000 300,000 100.1220.54140 Planning Consulting Services 1,145,700 180,000 1,325,700 100.1220.56580 Planning Dues/Memberships 2,500 1,100 3,600 100.1230.51110 Bulding & Safety Salaries & Benefits 836,782 73,431 910,213 100.1230.53013 Bulding & Safety Equipmemt (non-capital) 2,700 3,500 6,200 100.1230.54140 Bulding & Safety Consulting Services 799,656 (90,000) 709,656 100.1230.56550 Bulding & Safety Employee Education/Training 6,240 500 6,740 100.1240.51110 Code Enforcement Salaries & Benefits 683,643 (133,569) 550,074 100.1240.53010 Code Enforcement Office Supplies 6,310 1,000 7,310 100.1240.53012 Code Enforcement Books/Subcriptions 928 600 1,528 100.1310.51110 Engineering-Public Works Salaries & Benefits 1,116,109 219,532 1,335,641 100.1310.53010 Engineering-Public Works Office Supplies 2,500 3,500 6,000 100.1310.53012 Engineering-Public Works Books/Subcriptions - 500 500 100.1310.56590 Engineering-Public Works NPDES Permit 50,000 25,000 75,000 100.1320.54110 Engineering-Development Professional Services 102,000 (30,000) 72,000 100.1320.54140 Engineering-Development Consulting Services 2,288,120 (575,000) 1,713,120 100.1410.54408 Public Safety - Flock Contract Riverside County Sheriff 21,577,886 55,000 21,876,016 100.1410.54408 Public Safety - Traffic Equipment Contract Riverside County Sheriff 17,150 100.1410.54408 Public Safety - Mid year costs Contract Riverside County Sheriff 132,088 100.1410.54408 Traffic Enforcement Officer 1/4 Yr Contract Riverside County Sheriff 93,892 100.1410.56595 Public Safety - Fire Inspector Contract Riverside County Fire Protection 415,608 (75,000) 340,608 100.1420.54144 Animal Control Contract Animal Control 1,381,505 (150,000) 1,231,505 710.7100.56410 Risk Management Risk Management _ PERMA 176,609 415,134 591,743 720.7200.54113 Information Services Software Support 213,791 135,226 349,017 35,315,858 2,378,001 (1,609,108) 36,084,750 Operating Cost Increase 768,892
100-1190-56620 Non- Dept./ Revenue Neutrality Revenue Neutrality Pmt to County 6,520,254 909,555 7,429,809 Total Expenditure Increase to General Fund 1,678,447
Total Fund Balance to General Fund 2,785,865
230.2300.62400 AQMA Vehicle - - 55,130 55,130 200.44210 Gas Tax State - HUTA 2103 903,285 13,385 916,670 200.44211 Gas Tax State - HUTA 2105 622,685 16,967 639,652 200.44212 Gas Tax State - HUTA 2106 380,863 6,129 386,992 200.44213 Gas Tax State - HUTA 2107 790,374 80,926 871,300 201.44215 Gas Tax - RMRA 2017 Road Rehab Legislation 2,077,597 61,362 2,138,959 Grand Total Other Funds 178,769 55,130
FY 2021-22 Proposed Mid-Year Budget Amendments
Proposed Change
Page | 1
120

STAFF REPORT
DATE: MARCH 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.B
REQUEST FOR WAIVER OF PLANNING FEES – QUEEN OF HEARTS
THERAPEUTIC RIDING CENTER, INC. (LOCATION: 6405 & 6407 DANA

AVENUE)

RECOMMENDATION
That the City Council grant a requested fee waiver for processing a Community Benefit Permit for the non-profit organization Queen of Hearts Therapeutic Riding Center.

ANALYSIS
Pursuant to City Council Resolution No. 2014 -48, Queen of Hearts Therapeutic Riding Center, Inc. has submitted a letter (Attachment No. 1) requesting a full waiver of $2,500 to pr ocess a Community Benefit Permit (Attachment No. 2) in order to legalize a commercial stable and riding academy at 6405 Dana Avenue and a therapeutic riding center at 6407 Dana Avenue (see Exhibit A for location).

BACKGROUND
Since January 1, 2006, the commercial stable and riding academy has been operating at the Queen of Hearts Ranch located at 6405 Dana Avenue. Both businesses were registered with the City since incorporation.

Upon the review for a business registration renewal i n 2020, it was discovered that a Conditional Use Permit (CUP) was never approved for the commercial stable and riding academy. The applicant was informed that an approved CUP is necessary in order to continue the operations. In 2021, the City Council adopted Ordinance No. 2021 -17 (Attachment No. 2) for the approval o f a Zoning Code Amendment that established a Community Benefit Permit application for nonprofits that provides a public benefit . It allows for a Community Benefit Permit to be granted in lieu of a Conditional Use Permit.

The intent of Community Benefit Permit is to create a review process that is more cost effective and obtainable for these uses that will serve the interests of the community. The

RETURN TO AGENDA
Page | 2

Community Benefit Permit application fee is a $2,500 flat fee (see Attachment No. 3). The initial deposit for a Conditional Use Permit is $9,651.24.

EXHIBIT A. PROJECT LOCATION

ANALYSIS
Fee Waiver Procedure
On December 4, 2014, the City Council adopted Resolution No. 2014-48 (Attachment No. 4) that established a procedure to waive full or partial C ity fees for the processing of certain city permits for non -profit organizations. The resolution grants the City Manager the authority to waive fees of $1,000 or less and City Counc il to waive fees that exceed $1,000 upon findings. Eligible non-profits that may be granted a fee waiver are those that have qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code or other nonprofits that p rovide charitable se rvices and that are a public benefit to the community.

The City may, in its discretion, grant full or partial wa iver of City fees if it finds that the health, safety and general welfare of the community is enhanced by the waiver and if it determines that the event or project for which a waiver of City fees is sought provides a public benefit to the City and its residents and businesses, including, but not limited to, the following:

ATTACHMENT NO. 1
Fee Waiver Request Letter from Queen of Hearts Therapeutic Riding Center
Queen of Hearts Therapeutic Riding Center, Inc.

A Non-Profit Equine-Assisted Therapy Program for People with Special Needs CA Organization No. 2231279 ~ Federal 501(c)(3) EIN 33-0907556 ~ Duns 030638451 Where the Riding Spirit Comes from the Heart

February 16, 2022

City of Jurupa Valley
Attn: City Council
8930 Limonite Avenue
Jurupa Valley, CA 91752

Re: Community Benefit Permit Fee Waiver Request for $2,500 Queen of Hearts Therapeutic Riding Center, Inc. (501(c)(3) nonprofit corporation

Dear City Council:

Please, I need your help; otherwise, we may be forced to close our business of serving Jurupa Valley residents (as well as our clients who come HERE from Los Angeles, Orange, San Bernardino, and of course, Riverside counties). We will no longer be able to continue serving our clients: adults and children with mental, emotional, and/or physical disabilities, children in foster-care homes, and veterans with disabilities.

Queen of Hearts Therapeutic Riding Center, Inc. began operating in Mira Loma, an unincorporated area of Riverside County in 2006 after I was told by the County of Riverside that we did not need a conditional use permit. When Mira Loma became a city, I applied for, and received a business registration. Then in February 2020, after 14 years of successful operation in this same location, I was told I need a conditional-use permit, ex post facto.

Resolution 2014-48, adopted on December 4, 2014, approved fee waivers for nonprofits. On July 15, 2021, a public hearing was held during the City of Jurupa Valley’s City Council meeting regarding Zoning Code Amendment No. 21005 (ZCA21005) to establish a Community Benefit Permit entitlement process for organizations providing a community service to the citizens of Jurupa Valley and adopt a new application fee for the proposed Community Benefit Permit. Therefore, I am requesting your approval of a fee waiver of $2,500 for the Community Benefit Permit so Queen of Hearts Therapeutic Riding Center, Inc. may be compliant with permits that were not needed when our center began.

Request for Support:

Robin Kilcoyne dba Queen of Hearts Ranch is a sole proprietorship. Queen of Hearts Therapeutic Riding Center, Inc. is a 501(c)(3) nonprofit public charity, operating on Queen of Hearts Ranch property. We charge a minimal fee for program services, but it is not enough to cover the costs of services. Therefore, we rely on grants and fundraising to help fill the funding gap.

Our “employees,” the therapy horses, cannot be laid off or apply for unemployment when times get tough. They still need hay and supplements twice a day, veterinary, hoof trimming, horseshoes and other regular services and the costs have skyrocketed over the past year. (Terri Rollings can verify the 6407 Dana Avenue
Jurupa Valley, CA 91752 -2427
(951) 734-6300
www.queenofheartsranch.org
PATH Intl Premier Accredited Center No. 43710
PATH Intl Certified Therapeutic Riding Instructors
PATH Intl Certified Equine Specialists
EAGALA Advanced Certified Facilitators with
Military Designation
VA/RII Certified Peer Support Specialists

Queen of Hearts Therapeutic Riding Center, Inc.

Jurupa Valley City Council
February 16, 2022

care these horses receive: She donated one of her own horses to Queen of Hearts: Her “Holly Wolly” happens to be the favorite horse of many participants!)

Here is a synopsis of events:

Problem:

Queen of Hearts Therapeutic Riding Center, Inc. has been conducting business at Queen of Hearts Ranch, located at 6405 Dana Ave., since January 1, 2006, when the property was unincorporated Mira Loma. As a responsible business owner when Jurupa Valley achieved cityhood, I applied for and received business licenses for both entities. After being in business for fourteen years at the same location, I was told there is a problem because I do not have a conditional-use permit.

Background:

Queen of Hearts Ranch, which is my business now located on my home’s property, began in 1997 in Norco, California. It then moved to the City of Riverside in 1998 and became a public boarding and riding stable. I then formed Queen of Hearts Therapeutic Riding Center, Inc. which began specializing in therapeutic horseback riding lessons for persons with special needs in 2000 and filed for its 501(c)(3) public-charity ruling. On June 6, 2001, it received its provisional ruling and it’s advanced ruling was approved in 2005 with the effective date of April 4, 2000.

In about 2002, I learned that the City of Riverside’s General Planning Advisory Committee (GPAC) was proposing to change the zoning of our property and other nearby horse-keeping properties to allow higher-density homes and apartments. Due to the potential rezoning of our property, my husband and I planned our move to rural Mira Loma in 2005.

As part of my research before moving to Mira Loma, I telephoned the County of Riverside to verify that our intended home and property at 6405 Dana Avenue was zoned for riding stables: Its zoning was confirmed as appropriate. I contacted the County of Riverside again on April 17, 2006 and was told I did not need a business license, but that I “may” need a conditional-use permit.

Again, being a responsible business owner, I contacted the Riverside County Planning Department (in my notes, I wrote that I spoke to “Bob”) who said my horse-related business was permissible without additional permits. (Please note, the County of Riverside does not have this conversation on record but as stated below, I have receipts of records that the County of Riverside does not have.)

With this information, we happily purchased in Mira Loma, assured of properly conducting business as a therapeutic riding center and boarding stable.

Now we fast-forward through years of therapeutic riding success by dusty and tiring, but dedicated, outside work in summer heat and winter cold as we improved the quality of life for persons with disabilities ─ and the multiplied beneficial effects on their happy families. Our dedicated work achieved premier accreditation through the Professional Association of Therapeutic Horsemanship, International! Recognition, honors, and accolades continued, including my presentation at the new Jurupa Valley City Council to introduce ourselves and a collaborative “ribbon-tying” ceremony at Queen of Hearts Ranch with our first mayor, Laura Roughton.

In 2012, the International Brotherhood of Electrical Workers Local Unions #47 and #440 adopted us Queen of Hearts Therapeutic Riding Center, Inc.

Jurupa Valley City Council
February 16, 2022

to install arena lights so we can conduct lessons in the evenings. A situation occurred as Southern California Edison did not like putting the appropriate electric panel on the “private” property and asked for us to obtain a second address for billing purposes. I responded (November 2012) by asking the new City of Jurupa Valley for permits and permission to obtain a second address on my property; it was approved.

I then went to the County of Riverside to obtain the new address of 6407 Dana Avenue and followed instructions to register the address with the post office. (Please note, the County of Riverside does not have record of this transaction, but I have receipts. Also please note, the post office, a federal entity, would not be able to give me an address if I didn’t have this proper paperwork.)

After the installation of the lights, Queen of Hearts Therapeutic Riding Center, Inc. hosted a “Flip the Switch” party at which almost the entire Jurupa Valley City Council, Assembly Members Mendoza and Linder, and several other government officials attended to help celebrate our success.

When the City of Jurupa Valley was incorporated, I applied for and obtained business licenses for both Queen of Hearts Ranch and Queen of Hearts Therapeutic Riding Center, Inc. (Just for reference, when I started my business in the City of Riverside, I did not have any problems with obtaining my licenses, so my problem-free City of Jurupa Valley business licenses seemed to be a standard operating procedure.)

Why Does this Matter?
The clients we serve are referred by many sources throughout the Inland Empire, including the Riverside University Health System – Behavioral Health, where we began the pilot program for the Pets Assisting in Therapy program for mental-health clients. We also serve veterans referred from Loma Linda Veterans Hospital and several local veteran clinics. We serve foster children from well- known group homes in Jurupa Valley and Banning. We give presentations and welcome interns from several colleges in the Inland Empire and Los Angeles County. We have leadership opportunities for Corona-Norco, Jurupa, and Moreno Valley school districts. (A larger, though partial, list of our supporters is attached at the end of this letter.)

Throughout the years, Queen of Hearts Therapeutic Riding Center, Inc. has been very active in Jurupa Valley, including my personal participation in Jurupa Valley’s first General Planning Advisory Committee (GPAC). We have promoted ourselves in the community, and we are very honored of the support Jurupa Valley has shown to our center for the past 16 years. When we considered expanding, I insisted we stay in this city because of Jurupa Valley’s support. I am proud of the recognitions from our city, chamber of commerce, local assemblymembers, senators, Board of Supervisors, Riverside County Veterans Court, and Veterans Administration. City council members and other elected officials over the years have been regular visitors and participants at our open-house events.

We want to be compliant with the laws of our community, so you see why I need your help as soon as possible. Please help us by granting the fee waiver of $2,500 for the Community Benefit Permit. In the same way that we support our residents in need of therapy, I am hoping for the City of Jurupa Valley’s continued support in our time of need to continue supporting our community.

Queen of Hearts Therapeutic Riding Center, Inc.

Jurupa Valley City Council
February 16, 2022

I remain available for questions and clarifications, and we thank you for your consideration.

Sincerely,

Robin L. Kilcoyne, M.Ed.

SGM, USA (Retired)
QoH TRC Founder/Executive Director
EAGALA Advanced Certified Facilitator with
Military Services Designation
PATH Intl Certified Therapeutic Riding Instructor &
Equine Specialist in Mental Health and Learning
Chair, Inland Empire Women Veterans Collaborative
VA and RI International Certified Peer Support Specialist Orange County/Inland Empire EAGALA Network Coordinator

P.S. I welcome your questions at the office number above or my personal mobile number of (951) 313-0352, or maybe get your boots on and come visit my four-legged staff members, including the lovely Miss Holly! We encourage the council members and city staff members to join our next open house on March 19, 2022, from 3pm-4:30pm.

Some of our affiliations and those who support Queen of Hearts Therapeutic Riding Center, Inc.; you will recognize many of the names. Please understand that although we are a small organization, but we have a very wide reach in helping our community being a caring place to call home.

Some Accomplishments Include:

ARC of Riverside Aktion Club Award, 2015
Association of the United States Army
CA 60th Assembly District Nonprofit of the Year, 2017
CA Legislature Assembly Resolution, 2012
CA Legislature Assembly Resolution, 2017
California Equine Collaborative
City of Jurupa Valley Certificates of Recognition, 2012, 2013 City of Jurupa Valley General Planning Advisory Council Member Fundraising Academy for Grassroots Organizations
Horse Boy
House of Representatives Certificate of Congressional Recognition, 2013 Inland Empire Disabilities Collaborative
Jurupa Valley Chamber of Commerce since 2014
Jurupa Valley Chamber of Commerce Organization of the Year 2021 Jurupa Valley Citizen’s Corps since 2015
Jurupa Valley General Planning Advisory Commission
PATH Int'l Equine Services for Heroes Committee Member
The Church of Jesus Christ of Latter-Day Saints, Jurupa Stake, Family Values Award, 2015 United States Army Sergeants Major Association
United States Junior Chamber of Commerce/California Junior Chamber of Commerce (Executive committees) YWCA Woman of Achievement Award, 2012

Queen of Hearts Therapeutic Riding Center, Inc.

Jurupa Valley City Council
February 16, 2022

Some Government Supporters:

US Congressmember Mark Takano
CA State Assembly Member Jose Medina
CA State Assembly Member Sabrina Cervantes
CA State Assembly Member Eric Linder
CA State Senator Richard Roth
Riverside County Board of Supervisors Second District Supervisor John Tavaglione Riverside County Board of Supervisors Second District Supervisor Karen Spiegel

Some Affiliate Organizations:

Academy for Grassroots Organizations
American Legion
ARC of Riverside
Boy Scouts of America
CA School for the Deaf - Riverside
CalVet
Corona-Norco Unified School District
Corona Veterans Center
Equine Assisted Growth and Learning Association (EAGALA) Eastvale Chamber of Commerce
Girl Scouts of America
Habitat for Humanity - Riverside
Healthy Jurupa Valley
Horse Boy World
Imperial Knights Production Company of Norco
Inland Empire Disabilities Collaborative
Inland Empire Women Veterans Collaborative
Jurupa Valley Chamber of Commerce
Jurupa Unified School District, JADE program
Loma Linda Veterans Hospital
Moreno Valley Unified School District
Orange County/Inland Empire EAGALA Network Group
Professional Association of Therapeutic Horsemanship International (PATH Intl) Plan-It Life (Jurupa Valley and Banning)
Reach Out
Reaching New Heights Foundation
Riverside Veterans Center
Riverside University Health System – Behavioral Health
San Bernardino Veterans Center
Wounded Warrior Project

Some Foundational Supporters:

Annenberg Foundation
Autism Speaks
Boeing Employee Community Fund of California
California Foundation for Stronger Communities, c/o California Municipal Financial Authority Christopher & Dana Reeve Foundation
Community Foundation of San Bernardino and Riverside Counties (nka Inland Empire Community Foundation) Disabled Veterans National Foundation
Fulton Foundation
William and Elizabeth Shatner’s Hollywood Charity Horse Show Queen of Hearts Therapeutic Riding Center, Inc.

Jurupa Valley City Council
February 16, 2022

Home Depot Foundation
IBEWLU #47 and #440
Knights of Columbus, Norco Council 11837
Mustang Heritage Foundation
San Manuel Band of Mission Indians
Sempra Energy Foundation
Stater Bros. Charities
The All Glory Project
TJX Foundation/Homegoods
Wounded Warrior Project
Wells Fargo Bank - Eva L. McKenzie Charitable Trust

Some Referral Sources:

California Children Services
CalVet
Carolyn E. Wylie Center for Autism
Corona Veterans Center
Family Service Agency of San Bernardino
Inland Empire Disabilities Collaborative
Inland Regional Center
Kaiser Hospital Fontana
Loma Linda Veterans Hospital
Norco Community College
Inland Empire Women Veterans Collaborative
Reach Out
Riverside County Veterans Court
TEAM Referral Services
Wounded Warrior Project
Queen of Hearts Therapeutic Riding Center, Inc.

City of Jurupa Valley
Planning Department

Some Organizations to Which TRC Presented:

American Legion
Blue Star Moms H.O.M.E.

California Children Services
California Polytechnic University, Pomona
EquineWorks - Mental Health Collaborative
Healthy Jurupa Valley
Hosted local Boy Scouts to earn Eagle Scout status
Hosted local Cub Scouts to earn service badge
Hosted local Girl Scouts to obtain horsemanship badge
International visitors through Rotary International
Jurupa Valley City Council
Jurupa Valley Chamber of Commerce
Lake Matthews Horseman’s Association
Norco Area Chamber of Commerce
Norco Horseman’s Association
Norco Kiwanis
Parents' Child's Last Wish
Reach Out
Riverside County Veterans Court
Riverside Recreational Trails
Riverside University Health System – Behavioral Health
Rotary Club of Jurupa Valley
Rotary Club of Norco
San Bernardino County Department of Mental Health –
Behavioral Health

Some Volunteer Referral Sources:

Arlington High School
ARC of Riverside
Azusa Pacific University
California Baptist University
California Polytechnic University Pomona
California School for the Deaf - Riverside
California State University San Bernardino
California State University, Riverside
CalWorks Program
Centennial High School
Claremont McKenna College
Corona High School
Eleanor Roosevelt High School
Fontana High School
HandsOn Network
John F. Kennedy Middle College
Jurupa Unified School District
Jurupa Valley High School
La Sierra High School
La Sierra University
Loma Linda Veterans Hospital
Moreno Valley Unified School District
Norco Community College
Norco High School
Ontario High School
Riverside Community College
Rubidoux Community Center
Rubidoux High School
Volunteermatch.com
Western University

Some Individual Supporters:

Abby Oursler, LMFT
Angelica Guadron
Andrea & Thomas Montgomery
Anne Hughes
Aubrey Fine, EdD
Beverly Francis
Billie Greenland
Brenda Beers
Brian Roode
Carol Bradshaw
Carrie L. Bollwinkle
Cherie Curzon
Christina McCoy
Christine R. Jones
Clint and Karen Bradford
David Zimmerman
Donna E. Simmons
Elliott Duchon
Emelda Kelso
Ernest Holguin
Frederick and Margaret
Breitkreuz
George Bovee
Greg Francis
Gregory Coker, SGM ret.

Harvey Sullivan
Holly Gunnette
Jeffrey Pardee
Jenise Smith
Jennifer Wolcott, LMFT
Kate Hall, LMFT
Karen & Joe Acevez
Kelly Boardman, LMFT
Kirstin Kuhns
Laura Roughton
Lauren Savord
Leslie Sandoval
Linda Mullen
Marianne Chatterton
Marissa Engle
Melodee R. Black
Michael & Jasmine Thomas
Michelle Volonte
Nicole M. McCarthy
Niki Chambers
Nikki Shipley
Norma & John Langevin
Pam Gutierrez
Powell Greenland
Becky Foreman
Raymon Sandovol
Robert and Cathy Frost
Rosa SiFuentes
Ruth Burton
Sandra and Eugene Morales
Sandra Norris
Sheila & Nyron McLean
Shirley A. VanVeen
Stephen & Betty Ann Anderson
Susan Funston
Susan Nauss Exon
Tapia Family
Terri Rollings
Vicki Voss
Vincent Morales
Ward and Sandy Thompson
William & Elizabeth Shatner
William & Kathryn Price

ATTACHMENT NO. 2
Ordinance No. 2021-17
Amending the Jurupa Municipal Code Concerning Required
Entitlements and Development Standards for Non-profits Uses Providing Community Benefits

ATTACHMENT NO. 3
Resolution No. 2021-62
To Add an Application Fee to the City Fee Schedule for
Community Benefit Permits

ATTACHMENT NO. 4
Resolution No. 2014-48
Establishing a Policy for the Waiver of City Fees for Certain City Permits
-1-

RESOLUTION NO. 2014-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, ESTABLISHING A

POLICY FOR THE WAIVER OF CITY FEES FOR

CERTAIN CITY PERMITS

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. General Standard for City Fee Waivers. The City may grant a waiver of applicable City fees to non -profits if it finds that there will be a distinct public benefit to the City and its residents resulting from the full or partial waiver of the City Fee as further provided in this Resolution. For the purposes of this Resolution, the City fees that may be waived are the application fees for land use permits, including but not limited to, temporary use permits, special event permits, building permits, or condi tional use permits and other permits necessary to use City streets or facilities for the event or project (“City Fees”). Development Impact Fees or regional agency fees, such a Traffic Uniform Mitigation Fee, and fees required by State law are not City Fees subject to waiver under the terms of this Resolution.

Section 2. Non-Profits that May Need a City Fee Waiver. (a) The following non -profits that have an office or provide services within the City limits are eligible for a full or partial waiver of City Fees:
1) Entities that have qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code; or
2) Other non-profit and governmental entities that provide charitable , educational, or health services, business promotion, athletic competition, cultural events, or recreational events for the community.
(b) In general, the following parties are not eligible for a full or partial waiver of City Fees by the City:
1) Religious and political organizations;
2) Parties who are currently involved in a law suit adverse to the City; 3) Parties that engage in uses or activities prohibited by law or City ordinances;
4) Businesses that create a conflict of interest for the City; 5) Parties that engage in activities tha t are adverse to the health or safety of the community.
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Section 3. Findings Required to Grant a City Fee Waiver. The City may , in its discretion, grant a full or partial waiver of City Fees if it finds that the health, safety and general welfare of the community is enhanced by the waiver and if it determines that the event or project for which a waiver of City Fees is sought provides a public benefit to the City and its residents and businesses, including, but not limited to, the following:
(a) Advertising and promoting the City;
(b) Encouraging and drawing customers to businesses within the City; (c) Providing access to employment opportunities;
(d) Providing educational, heath or charitable services; (e) Providing for community educational, cultural and recreational events; or (f) Supplementing the governmental activities performed by the City or that the City is authorized to perform; or
(g) Fund-raisers for direct support of the events or projects described in this Section.

Section 4. City Budget Provision for Waivers of City Fees. Each year the City Council shall establish as part of the City Budget the maximum amount of City Fees that may be waived during the Fiscal Y ear of the City . The maximum amount of City Fee waivers can be expressed as an annual, bi -annual or quarterly amount. No City Fee s may be waived if the waiver would exceed such budgeted amounts at the time of approval of the fee waiver unless the City Council approves an amendment to the City Budget.

Section 5. Authority to Grant a Full or Partial Waiver of City Fees. (a) The City Manager is hereby authorized to grant a full or partial waiver of a City Fee if the amount of the fee s to be waived is equal to or less than one thousand dollars ($1,000).
(b) If the amount of the full or partial waiver of City Fees exceeds one thousand dollars ($1,000) the request for a full or partial fee waiver shall be considered and acted on by the City Council.
(c) The City Manager shall prepare an application form for use by applicants for full or partial City Fee waivers so that the information required make decisions under this Resolution can be received by the City in a timely and appropriate format. (d) The grant of a waiver of City Fees shall be made in writing and may include such conditions as necessary or convenient to insure that the purposes and criteria set forth in this Resolution shall be fulfilled and that the City’s interest i n obtaining a public benefit from the waiver of the City Fees is protected.