Agenda — Jurupa Valley City Council, December 15, 2022 (part 3 of 3)

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Service Description Start Date End Date Term Price
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Page | 1

STAFF REPORT
DAT
E: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 15.A

CONTINUED PUBLIC HEARING TO CONSIDER AN AIRPORT ZONE

AT FLABOB AIRPORT, GENERAL PLAN AMENDMENT (GPA)
22007, ZONING CODE AMENDMENT (ZCA) NO.22013, CHANGE OF
ZONE (CZ) 22008; LOCATION: 4130 MENNES AVE, JURUPA
VALLEY APNS: 181-151-001, -002,-003 AND -005; 181-152-001, -002, -004, AND - 005; 181-160-004; 181-170-005,-006, -009 THROUGH - 022, AND -026; 181,180- 001, 181- 190-001, - 004, -007, -008, -009, - 010, -015, -021, AND - 022; 181- 370-002, -005, -006, -007, AN D A PORTION OF -008; 181-400-001, -002, 003, -004 ,-008, AND -009)

RECOMMENDATION
1) That the City Council conduct a public hearing, consider any public testimony, and introduce Ordinance No. 2022-22, entitled:

AN O

RDINANCE OF THE CITY OF JURUPA VALLEY AMENDING THE

JURUPA VALLEY MUNICIPAL CODE TO ESTABLISH A NEW AIRPORT

ZONE CLASSIFICATION, ESTABLISH PERMITTED LAND USES AND

DEVELOPMENT STANDARDS FOR THE AIRPORT ZONE, AND MAKE
OTHER CONFORMING CHANGES TO TITLE 9 OF THE JURUPA VALLEY

MUNICIPAL CODE, AND FINDING AN EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES; AND
2) That
the City Council conduct a first reading and introduce Ordinance No. 2022- 23, entitled:

AN O

RDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY

OFFICIAL ZONING MAP CHANGING THE ZONES OF APPROXIMATELY 138.86 COMBINED ACRES OF REAL PROPERTY LOCATED AT 4130

MENNES AVENUE FROM MANUFACTURING HEAVY (M -H),

MANUFACTURING-SERVICE COMMERCIAL (M -SC), GENERAL

RETURN TO AGENDA

Page | 2

RESIDENTIAL (R- 3), AND PLANNED RESIDENTIAL (R- 4) ZONES TO

AIRPORT (AIR) ZONE, AND FINDING AN EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES; AND

1. That the City Council adopt Resolution No. 2022-112, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3), and APPROVING GENERAL PLAN AMENDMENT NO. 22007 TO AMEND THE 2017 GENERAL PLAN TO STATE THAT THE AIRPORT (AIR) ZONE IS CONSISTENT WITH THE PUBLIC FACILITY\ INSTITUTIONAL (PF) LAND USE DESIGNATION AND AMEND THE GENERAL PLAN LAND

USE MAP TO REDESIGNATE THE ENTIRETY OF THE FLABOB AIRPORT

SITE TO PUBLIC FACILITY/INSTITUTIONAL (PF)

BACKGROUND
Flabob Airport is the seventh oldest
surviving airport in California. Flabob was
founded in 1925 by Flavio Madariaga and
Bob Bogan as the area's first civil airport.

The name Flabob was created by combing
the founders' first names. Flabob is the first
Chapter of the Experimental Aircraft
Association. The Airport hosts community-
wide events such as the annual Veterans
Day celebration. Flabob is an icon of the
City known for its 40s and 50s historic charm
and its kids and teen programs.

City Council Initiation
Due to concerns with the existing zoning
allowance of industrial and other uses that
are not compatible with the airport, the City
Council on January 21, 2021, initiated a General Plan and Municipal Code amendment to establish a new Airport Zone that would replace a mixture of five existing zones that are not compatible with Flabob Airport or the neighboring residential properties. See Figure 1 above for the Project Location and Figure 2 below for the zoning map.

Community Workshop
On September 13, 2022, a community workshop was held at the airport to obtain feedback on the proposed Airport Zone for Flabob Airport. A total of 25 residents, who live near the airport, attended the presentation and provided comments.

At the workshop, residents expressed their full support of the current airport operations and desire not to have significant changes to Flabob Airport since they believe the airport and its current operation are excellent. Residents stated that the community supports Flabob Airport and wants it to stay viable as an aviation, educational and hi storical Figure 1 Flabob Airport Location Map

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asset. The residents’ questions and comments were primarily related to gaining clarity on the proposal and ensuring that any new zone would not result in drastic changes to Flabob Airport. Most people in attendance support the proposal to create a new airport zone so long as it is respectful of the airport's historical character (see Attachment 5 Workshop summary).

Planning Commission Review
On November 9, 2022, the Planning Commission conducted a public hearing and considered the proposed Project. The Planning Commission deliberated and discussed the importance of Flabob Airport to the community.

After the discussion, the Planning Commission adopted Res olution No. 2022-11-09-03, on a 3-0 vote, recommending that the City Council approve the project. Resolution No. 2022-11-09-03 is provided as Attachment 4.

ALUC Review
On November 10, 2022, the Riverside County Airport Land Use Commission (ALUC) reviewed the proposed Airport Zone Ordinance and determined that the proposed Ordinance is consistent with the Riverside County Airport Land Use Compatibility Plan (Appendix 4 of the General Plan) . The purpose of the Airport Compatibility Plan and ALUC review is to promote compatibility between airports and the land uses that surround them (See Attachment 6 ALUC Approval Letter).

Figure 2 Existing Zoning Map
City Council Review
Due to an error in the public mailing notice , this item was continued from the December 1, 2022 City Council meeting to the December 15, 2022 meeting.

ANALYSIS
The City General Plan recognizes Flabob Airport as a historical fixture in the community, its role in providing residents aviation services, education, and community events , and

Page | 4

the importance of minimizing land use conflicts with adjacent uses. Flabob Airport's boundary includes five zoning designations (Manufacturing Heavy (M-H), Manufacturing Service Commercial (M-SC), General Residential (R- 3), Planned Residential (R -4), and Light Agriculture (A-1)).

This mix of zoning designations contains land uses that are inconsistent with the General Plan, goals and operations of the airport, and the community’s goals and concerns. To consolidate the zones into one aviation-oriented Airport Zone, the project will require the following actions:

1. General Plan Amendment (GPA 22007):
a. Create consistency between Public Facilities/Institutional land use and the proposed Airport Zone
b. Redesignate the airport to Public Facilities/Institutional land use;

2. Change of Zone (CZ 22008): Rezone Flabob Airport to Airport Zone; and

3. Zone Code Amendment (ZCA 22013): Establish a new customized Airport Zone Proposed General Plan Amendment
A General Plan Amendment is required to amend Table 2.5 "Land Use Designations and Consistent Zone Districts" to show that Public Facilities/Institutional land use designation is consistent with the proposed Airport Zone (See Attachment 1, Exhibit A). Second, the General Plan Amendment is required to amend the land use map to extend the Public Facilities/Institutional land use boundary over the entire Flabob Airport site to match the boundary of the proposed Airport Zone. The Public Facilities/Institutional land use will replace the existing General Plan land uses of Business Park (BP), Residential Rural (R- R), and Open Space Recreational (OS-R). See the existing General Plan Land Use map and the proposed General Plan Land Use map Figures 3 and 4.

Figure 2 Existing General Plan Land Use Map

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Proposed Zoning Code Amendment
A recommended Airport Zone (Airport) has been prepared based on City Council direction, input from Flabob Airport staff, and the community who attended the community workshop. A summary of the Airport Zone is described below. See Attachment 2 Airport Zone Ordinance.

Section 9.232.010 Intent
The intent is to promote and attract aviation- related businesses and industry, allow improvements to the airport, and maintain the airport as a historical and recreational hub of the City. While also conforming to the Airport Land Use Compatibility Plan an d protecting public safety.

Section 9.232.020 Uses permitted
The proposed uses that would replace the existing zoning are tailored to support the General Plan vision and goals for Flabob Airport and are consistent with the Airport Land Use and Compatibility Plan. The Airport Zone includes proposed uses that are approved administratively, require a Site Development Permit, or require a Conditional Use Permit.

Figure 4 Proposed General Plan Land Use Map

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• Uses that can be approved administratively include those directly related to airport operations. Examples include terminal buildings, runway and landing areas, hangers, and aircraft maintenance.
• Uses requiring a site development permit include airport-supporting uses such as aircraft fueling, aviation manufacturing, rental cars, restaurants, and aviation museums.
• Uses proposed to be allowed with the approval of a Conditional Use Permit include hotels, student housing, recreational facilities, and technical schools.

Some of the currently allowed uses that are not included in the recommended Ordinance
are as follows:
• Heavy manufacturing: Examples include sawmills, chemical plants, and petroleum manufacturing.
• Livestock and residential uses.

These uses are not compatible with the operations of the airport and are not compatible with the adjacent res idential uses. It is important to note, consistent with the existing Zoning code, if the Airport Zone is adopted by the City Council all legally established uses that become nonconforming due to the proposed Ordinance may continue for 40 years after the effective date of the amendment. It also allows legal nonconforming uses up to a 25% expansion. Any uses that were not legally established and cannot meet the new requirements would need to close or relocate.

Section 9.232.030 Development Standards
The proposed development standards require new development in the Airport Zone to meet the purpose and intent, be consistent with the Airport Compatibility Plan, and meet the development standards summarized in the table below. These standards are consistent with the development standards in other industrial park standards in the City.

Title Requirement
Lot size, width, and
depth.

Minimum lot size is 7,000 ft. with a minimum lot width of 65 ft.

Setbacks

25 ft. from residential and when street-facing
No setback when not adjacent to residential
Portions of the setback that require landscaping shall only be used for driveways parking and landscaping
Maximum Height 35 ft. at the setback line
50 ft. or up to 75 ft. with approval per Sec 9.240.370
Structures (not buildings) 50 ft. up to 105 ft. per Sec. 9.240.370

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Title Requirement
Masonry wall 6 ft. solid wall or combination of berm and landscape when property adjoins residential
Landscape 10% of project site shall be landscaped and irrigated 10 ft. wide landscape strip along the streets
20 ft. wide landscape strip adjacent to residential
Trash areas Shall be screened with landscape or structures Outside Storage Screened from residential properties
Utilities Underground
Mechanical
equipment
Screened from view
Lighting Lighting directed downward to prevent glare of spillage on adjoining property

Page | 8

Figure 5 Proposed Airport Zone
Proposed Change of Zone
Flabob Airport's boundary contains five different zoning designations (Manufacturing Heavy (M -H), Manufacturing Service Commercial (M -SC), General Residential (R -3), Planned Residential (R -4), and Light Agriculture (A -1)). As explained above, these different zone classifications are internally inconsistent with one another and contain allowable land uses that are inconsistent with the airport's goals. The proposed Airport Zone, specially tailored to allow aviation- related uses, would replace the five existing zones. See Figure 2, the current zoning map, Figure 5 Proposed Zoning Map and Attachment 3 Ordinance amending the Zoning Map to add the Airport Zone.

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General Plan Consistency
The proposed Code Amendment and Change of Zone are consistent with the General Plan because the proposed Airport Zone is consistent with airport operations, supports the continued operation of Flabob as an airport, requires consistency with the Airport Land Use Compatibility Plan, prohibits bird attracting uses and heavy industrial uses that can impact the ongoing safe operation of the airport.

General Plan Amendment Findings
The proposed General Plan Amendment includes the proposed Airport Zone as compatible use with Public Facilities/Institutional and extends the Public Facilities/Institutional land use over the Flabob Airport site. The amendment is consistent with the General Plan because the Flabob Airport provides public services to the community. Further, the General Plan states that Flabob Airport may be included in the Public Facilities/Institutional designation as a privately owned facility providing public services. Further, the land use change helps protect Flabob Airport from the encroachment of incompatible uses currently allowed under the existing General Plan land uses.

ENVIRONMENTAL REVIEW
The proposed General Plan Amendment, Zoning Code Amendment, and Change of Zone are exempt from the requirements of the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Amendments that create new land uses consistent with the existing Flabob Airport to have a significant effect on the environment. The proposed Amendments are an administrative process of the City that will not result in direct or indirect physical changes in the environment.

NOTICING REQUIREMENTS
Public hearing notices were sent to surrounding property owners and tenants within 1,000 feet of the boundaries of the project si te. Notices were sent to those who requested notices at the September 13, 2022 workshop. Additionally, a legal advertisement was published in the Press Enterprise on November 21, 2022.

FINANCIAL IMPACT
Costs associated with the code amendments are covered by the General Fund.

ALTERNATIVES

1. Recommended Action: That the City Council introduce Ordinance No. 2022- 22 for the new Airport zone, introduce Ordinance 2022-23 to amend the Zoning Map to Airport (AIR) Zone and adopt Resolution No. 2022- 112 to approve General Plan Amendment No. 22007.

2. Deny; (No action, maintaining the status quo)

3. Continue the public hearing and provide direction to staff.

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RESOLUTION NO. 2022-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, MAKING A

DETERMINATION OF EXE MPTION UNDER CEQA
GUIDELINES SECTION 1 5061(B)(3), AND APPROVING
GENERAL PLAN AMENDME NT NO. 22007 TO AMEND
THE 2017 GENERAL PLAN TO STATE THAT THE

AIRPORT (AIR) ZONE IS CONSISTENT W ITH THE
PUBLIC FACILITY \ INSTITUTIONAL (PF ) LAND USE

DESIGNATION AND AMEND THE GENERAL PLAN LAND

USE MAP TO REDESIGNA TE THE ENTIRETY OF T HE

FLABOB AIRPORT SITE TO PUB LIC FACILITY /

INSTITUTIONAL (PF)

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

Section 1. Project. At the January 21, 2021 regular City Council meeting, the City Council initiated General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008 , to (a) establish a new Airport Zone classification, (b) establish permitted land uses and development standards for the Airport Zone and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code , (c) reclassify the entirety o f the Flabob Airport site as Airport Zone , (d) amend the 2017 General Plan to state that the Airport Zone is consistent with the Public Facility \Institutional (PF) l and use designation, and (e) amend the General Plan land use map to redesignate the entiret y of the Flabob Airport site to Public Facility/Institutional (PF) (the “Project”). General Plan Amendment No. 22007 is the subject of this Resolution.

Section 2. General Plan Amendment and General Plan Land Use Map Amendments.
(a) The City has initiated General Plan Amendment No. 22007 to:
1) Amend Table 2.5 (“General Plan Land Use Designations and Consistent Zone Districts”) of the Land Use Element of the City of Jurupa Valley 2017 General Plan to state that the Airport (AIR) Zone is consistent with the Public Facility \Institutional (PF) land use designation as shown in Exhibit “A,” and
2) Change the General Plan land use designations of approximately 58 combined acres (APNs: 181-151-001, -002, -003, -005; 181-160-004; 181-170-005, -006, -010 through -022, -026; 181-180-001; 181-190-009, -015, -021, -022; 181-370-002, -004, -005, -006, -007; 181-400-001, -002, -004, a portion of -008, -009) as follows and as shown in Exhibit “B”:
a) 14.91 acres of real property located at 4130 Mennes Avenue (APNs: 181-180-001; 181-160-004; 181-170-005, -006, -010 through -022, -026; 181-180-001; 181-190-001, 007) from Business Park (BP) to Public Facility/Institutional (PF); ATTACHMENT 1
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b) 6.70 acres of real property located at 4130 Mennes Avenue (APNs: 181-190-015, a portion of 181-400-008) from Open Space Recreational (OS-R) to Public Facility/Institutional (PF); and
c) 36.09 acres of real property located at 4130 Mennes Avenue (APNs: 181-190-021, -022; 181-400-001, -002, -004, a portion of -008, -009, -023; 181-370-002, -004, -005, -006, -007, a portion of -008) from Residential Rural (R -R) to Public Facility/Institutional (PF).
(b) Section 9.30.010.A. of the Jurupa Valley Municipal Code provides that any amendment to any part of the Jurupa Valley General Plan, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and Chapter 9.30 of the Jurupa Valley Municipal Code.
(c) Section 9.30.010.B. of the Jurupa Valley Municipal Code provides that the initiation of proceedings for the amendment of any part of the Jurupa Valley General Plan shall be conducted in accordance with the provisions of Chapter 9.30 of the Jurupa Valley Municipal Code. (d) Section 9.30.040.D. of the Jurupa Valley Municipal Code provides that the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property, shall have the right to apply for a General Plan amendment without having to request that the City Council adopt an order initiating proceeding s for an amendment as detailed in Section 9.30.040. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee.

Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100 of the Jurupa Valley Municipal Code. (e) Section 9.30.100.(1) of the Jurupa Valley Municipal Code provides that proposals to amend any part of the Jurupa Valley General Plan shall be heard by the Planning Commission during a public hearing on the matter. Further, Government Code Section 65353 provides that when a city has a planning commission authorized by l ocal ordinance or resolution to review and recommend action on a proposed general plan, the commission shall hold at least one public hearing before approving a recommendation on the adoption of a general plan. (f) Section 9.30.100.(2) of the Jurupa Valley Mun icipal Code provides that after closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Planning Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal. Further, Government Code Section 65354 provides that the planning commission shall make a written recommendation on the adoption of a general plan, that a recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission, and that the planning commission shall send its recommendation to the legislative body.
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(g) Section 9.30.100.(3) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation of the Planning Commission on an amendment of the General Plan, the City Clerk must set the matter for public hearing before the City Council at the earliest convenient day and give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.
(h) Section 9.30.100.(4) of the Jurupa Valley Municipal Code provides that after closing the public hearing, the City Council must render its decision within a reasonable time.

A decision to amend the General Plan, or any part or element thereof, must be made by resolution, which resolution must be adopted by the affirmative vote of not less than the majority of the total membership of the City Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission’ s recommendation not previously considered by the Commission shall first be referred to the Commission for its recommendation. (i) Section 9.30.100.(5) of the Jurupa Valley Municipal Code provides that a proposal to amend any p art or element of the General Plan may not be approved by the City Council until all procedures required by the Jurupa Valley CEQA implementing procedures to approve a matter have been completed.

Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) GPA No. 22007 was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On November 9, 2022, the Planning Commission of th e City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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 3-0-2 (Hakan recused; 1 vacancy) to recommend approval of General Plan Amendment No. 22007, Zoning Code Amendment No. 22013 , and Change of Zone No. 22008 by adopting Planning Commission Resolution No. 2022-11-09-03, a Resolution of the Planning Commission of the City of Jurupa Valley Recommending that the City Council of the City of Jurupa Valley Approve General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, Redesignating the Land Use Designations Parcels within the Flabob Airport to Public Facility/Institutional, Establishing an Airpo rt Zone Classification and Permitted Uses and Applicable Development Standards, Amending the General Plan to Make the Airport Zone Consistent with the Public Facility/Institutional Land Use Designation, and Reclassifying the Zoning of Parcels within the Fl abob Airport as Airport Zone, and Make a Determination of Exemption under CEQA Guidelines Section 15061(b)(3). (c) On December 1, 2022, the City Council of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, at which time all persons interested in the Project had the opportunity -4-

and did address the City Council on these matters. Following the receipt of public testimony, the City Council continued the public hearing.
(d) On December 15, 2022, the City Council of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendme nt No. 22013, and Change of Zone No. 22008 , at which time all persons interested in the Project had the opportunity and did address the City Council on these matters . F ollowing the receipt of public testimony, the City Council closed the public hearing.
(e) All legal preconditions to the adoption of this Resolution have occurred.

Section 4. California Environmental Quality Act Findings. The City Council of the City of Jurupa Valley hereby make the following environmental findings and determinations in connection with the approval of the Project:
(a) The proposed General Plan Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed General Plan Amendment , as described in Section 2 of this Resolution, will have a significant effect on the environment. The proposed General Plan Amendment is administrative processes of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed General Plan Amendment and the proposed CEQA determination, and based on its own independent judgment, finds that the General Plan Amendment is not subject to, or exempt from, the requirements of CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 5. Findings for Approval of General Plan Amendment. The City Council of the City of Jurupa Valley does hereby find and determine that General Plan Amendment No. 22007 should be adopted because:
(a) The proposed amendment to Table 2.5 (“General Plan Land Use Designations and Consistent Zone Districts”) of the Land Use Element of the City of Jurupa Valley 2017 General Plan is consistent with Section LUE 4 -Public Facility/Institutional of the City of Jurupa Valley 2017 General Plan in that privately owned facilities providing public services, such as Flabob Airport, may be included in the Public Facility/Institutional (PF) land use designation.

The Flabob A irport provides essential support services to City residents and therefore is compatible with the Public Facility/Institutional (PF) land use designation. (b) The proposed amendments to the General Plan Land Use Map are consistent with the City of Jurupa Valley 2017 General Plan in that the updated Public Facilities/Institutional (PF) l and use is an improvement over the mixture of General Plan land use designations that currently exist within the boundary of the Flabob Airport. The replacement the current mixture of land use designations with one land use designation that is consistent with the General Plan vision for Flabob Airport to provide aviat ion services, education, and community events , and minimize land use conflicts.
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Section 6. Approval of General Plan Amendment No. 22007. Based on the foregoing, the City Council of the City of Jurupa Valley approves General Plan Amendment No. 22007, as shown in Exhibits “A” and “B.” The City Council’s approval of General Plan Amendment No. 22007 shall not be effective until the effective date of the ordinance adopting Zoning Code Amendment No. 22013 and Change of Zone No. 22008, whichever occurs latest.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 15th day of December, 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. 2022-112 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of December, 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 5th day of December, 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Page 9 of 17 ends

PC Reso. No. 2022-11-09-0_

EXHIBIT A
Table 2.5 (“General Plan Land Use Designations and Consistent Zone Districts”) of the Land Use Element of the City of Jurupa Valley 2017 General Plan

EXHIBIT B
General Plan Amendment, Public Facilities/Institutional

ATTACHMENT 2

12774-0001\2738624v3.doc
ORDINANCE NO. 2022-22

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y,

CALIFORNIA, AMENDING THE JURUPA VALLEY

MUNICIPAL CODE TO ESTABLISH A NEW AIRP ORT

ZONE CLASSIFICATION, ESTABLISH PERMITTED

LAND USES AND DEVELOPMENT STANDARDS FOR THE

AIRPORT ZONE, AND MA KE OTHER CONFORMING
CHANGES TO TITLE 9 O F THE JURUPA VALLEY

MUNICIPAL CODE , AND FINDING AN EXE MPTION
FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA

GUIDELINES

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

Section 1. Project and Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the January 21, 2021 regular City Council meeting, the City Council initiated General Plan Amendment No. 22007, Zoning Code Amendment No. 22013 (the “Zoning Code Amendment”), and Change of Zone No. 22008, to (a) establish a new Airport Zone classification, (b) establish permitted land uses and development standards for the Airport Zone and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code, (c) reclassify the entirety of the Flabob Airport site as Airport Zone, (d) amend the 2017 General Plan to state that the Airport Zone is consistent with the Public Facility\Institutional (PF) land use designation, and (e) amend the General Plan land use map to redesignate the entirety of the Flabob Airport site to Public Facility/Institutional (PF) (the “Project”), and requested that the Planning Commission study and report on the proposed Zoning Code Amendment, as set forth in this Ordinance. The Zoning Code Amendment is the subject of this Ordinance. (b) The Zoning Code Amendment was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (c) On November 9 , 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Zoning Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Zoning Code Amendment had the opportunity and did address the Planning Com mission 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 3 -0-2 (Hakan abs tained; 1 vacancy) to recommend approval of General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008 by adopting Planning Commission Resolution No. 2022 -11-09-03, a Resolution of the Planning Commission of the City of Jurupa Valley Recommending that the City Council of the City of Jurupa Valley Approve General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, Redesignating the Land Use Designations Parcels within the Flabob Airport to P ublic Facility/Institutional, Establishing an Airport Zone Classification and Permitted Uses and Applicable Development Standards, Amending the General -2-
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Plan to Make the Airport Zone Consistent with the Public Facility/Institutional Land Use Designation, and Reclassifying the Zoning of Parcels within the Flabob Airport as Airport Zone, and Make a Determination of Exemption under CEQA Guidelines Section 15061(b)(3). (d) On December 1, 2022, the City Council of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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 continued the public hearing.
(e) On December 15, 2022, the City Council of the City of Jurupa Valley held a public hearing on Ge neral Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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 2. California Environmental Quality Act Findings . The proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment, establishing a new Airport Zone classification, establishing permitted land uses and development standards for the Airport Zone, and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code , will have a significant effect on the environment.

The proposed Zoning Code Amendment is an administrative process of the City that will not result in direct or indirect phys ical changes in the environment . The City Council has reviewed the administrative record concerning the proposed Zoning Code Amendment and the proposed CEQA determinations, and based on its own independent judgment, finds that the Zoning Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 3. Project Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law, that the proposed Zoning Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan , as amended by General Plan Amendment No. 22007, in that the proposed Airport Zone is consistent with airport operations at Flabob Airport, supports the continued operation of Flabob Airp ort as an airport, requires consistency with the Airport Land Use Compatibility Plan, and prohibits bird attracting uses and heavy industrial that can impact the ongoing operation of Flabob Airport.

Section 4. Amendment to Section 9.35.010 . Section 9.35.010, Zones, of Chapter

9.35, Zone Classifications, of Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code is hereby amended to add the following zone classification: “AIR - Airport”. -3-
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Section 5. Amendment to Title 9. A new Chapter 9.232 is hereby added to Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code to read as follows:
“CHAPTER 9.232. – AIR ZONE (AIRPORT)
Sec. 9.232.010. - Intent.

It is the intent of this chapter is to promote and attract aviation-related businesses and industry, allow improvements to the Flabob Airport, and maintain the Flabob Airport as a historical, cultural and recreational hub of the city, while also conforming to the Airport Land Use Compatibility Plan and protecting public safety.

Sec. 9.232.020. - Uses permitted.

A. The following uses are permitted in the AIR Zone:
(1) Airport operation and related uses: Air terminal buildings, air traffic control and navigational facilities, administrative buildings and offices, indoor storage, baggage and cargo services, hangars, airport and aircraft maintenance and operational facilities, runways and landing areas, taxiways and taxi lanes, tie - downs for aircraft.
(2) Public safety and services facilities (police, fire, EMT, etc.) . (3) Government public safety agencies .
(4) Meteorological ins tallations.
(5) Natural area, non -bird attracting agricultural uses, open space, and buffer areas .

B. The following uses are permitted upon approval of a site development permit pursuant to Section 9.240.330:
(1) Aircraft fueling.
(2) Aviation manufacturing.
(3) Aviation light industrial.
(4) Airport equipment repair, paint, and support services. (5) Automotive services related to airport operations. (6) Aviation experimental facilities and laboratories.
(7) Aviation related information services.
(8) Aviation museums and displays.
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(9) Ground transportation.
(10) Rental cars.
(11) Helicopter operations.
(12) Clubs and organizations.
(13) Restaurants, cafes, and snake bars.
(14) Retail stores.
(15) Warehouse ten thousand (10,000) square feet or less, no outdoor storage.

C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
(1) Hotels, motels.
(2) Student housing.
(3) Recreational facilities that are non-bird attracting. (4) Technical schools and other educational uses.
(5) Farmers markets consistent with Section 9.240.520.

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.

Sec. 9.232.030. - Development standards.

The following development standards shall apply in the AIR Zone:
(1) Lot area. The minimum lot size shall be ten thousand (10,000) square feet, unless a sewer connection is available, in which case the minimum lot size shall be seven thousand (7,000) square feet.
(2) Lot width. The minimum lot width shall be seventy-five (75) feet, unless a sewer connection is available, in which case the minimum lot width shall be sixty-five (65) feet.
(3) Yards. A minimum twenty-five (25) foot setback shall be required on any boundary that abuts a residential property and that is street-facing. No minimum setback shall be required on boundaries that do not abut residential property. Portions of a setback that require landscaping shall only be used for driveways parking and landscaping. -5-
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(4) Structure height. The maximum height for all structures, including buildings, shall be thirty-five (35) feet at the yard setback line. All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy -five (75) feet for buildings, or one hundred and five (105) feet for other structures is specifically permitted under the provisions of Section 9.240.370.
(5) Parking areas. Parking areas shall be provided as required per Section 9.240.120. (6) Masonry wall. A minimum six (6) foot high solid wall or combination landscaped earthen berm and masonry wall shall be constructed on each property line that adjoins any parcel zoned for residential use.
(7) Landscaping.
(a) A minimum ten (10) percent of the site proposed for development shall be landscaped and irrigated.
(b) A minimum ten (10) foot wide landscape strip adjacent to street right-of-way lines shall be landscaped and maintained.
(c) A minimum twenty (20) foot wide landscape strip adjacent to lots zoned residential shall be landscaped and maintained.
(8) Trash areas. Trash areas shall be screened with landscaping or structures. (9) Outside storage . Outside storage, as described in Sec tion 9.10.050, shall be completely screened from public view by abutting residential properties. (10) Utilities. Utilities shall be installed underground. (11) Mechanical equipment. All mechanical equipment shall be screened from view. (12) Lighting. All lighting fixtures shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.” Section 6. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or othe rwise invalid, such decision shall not 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 7. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 8. 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.
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Section 9. 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 19th day of January, 2023.

______________________________
Chris Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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12774-0001\2738624v3.doc

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. 2022-22 was introduced at a meeting of the City Council of the City of Jurupa Valley on the 15th day of December, 2022, and thereafter at a regular meeting held on the 19th day of January, 2023, 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 19th day of January, 2023.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 3
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ORDINANCE NO. 2022-23

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA,

APPROVING AN AMENDME NT TO THE CITY OF JU RUPA VALLEY

OFFICIAL ZONING MAP CHANGING THE ZONE S OF
APPROXIMATELY 138.86 COMBINED ACRES OF REAL PROPER TY
LOCATED AT 4130 MENNES AVENU E FROM MANUFACTURING

HEAVY (M -H), MANUFAC TURING-SERVICE COMME RCIAL (M -SC), GENERAL RESIDENTIAL (R-3), AND PLANNED R ESIDENTIAL (R -4)

ZONES TO AIRPORT (AIR) ZONE , AND FINDING AN EXEMPTION
FROM CEQA UNDER SECT ION 15061(B)(3) OF T HE CEQA

GUIDELINES

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

Section 1. Project. At the January 21, 2021 regular City Council meeting, the City Council initiated General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, to (a) establish a new Airport Zone classification, (b) establish permitted land uses and development standards for the Airport Zone and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code, (c) reclassify the entirety of the Flabob Airport site as Airport Zone, (d) amend the 2017 General Plan to state that the Airport Zone is consistent with the Public Facility \Institutional (PF) land use designation, and (e) amend the General Plan land use map to redesignate the entirety of the Flabob Air port site to Public Facility/Institutional (PF) (the “Project”). Change of Zone No. 22008 is the subject of this Ordinance.

Section 2. Change of Zone.
(a) The City has initiated Change of Zone No. 22008 to rezone approximately 138.86 combined acres of real property (APNs:181-151-001, -002,-003 and -005; 181-152-001, - 002, -004, and -005; 181-160-004; 181-170-005,-006, -009 through -022, and -026; 181,180-001, 181-190-001, -004, -007, -008, -009, -010, -015, -021, and -022; 181-370-002, -005, -006, -007, and a portion of -008; 181-400-001, -002, -003, -004 ,-008, and 009) as follows and as shown in Exhibit “A”:
1) 50.38 acres of real property located at 4130 Mennes Avenue (APNs:
181-190-001, a portion of 181-190-010) from Manufacturing Heavy (M-H) Zone to Airport (AIR) Zone;
2) 71.48 acres of real property located at 4130 Mennes Avenue (APNs:
181-190-004, -007, -008, a portion of 181-190-010, -015, -021, -022; 181-180-001; 181-170-005, -006, -010 through -022, a portion of -026; 181-160-004; 181-152-001, -002, -004, -005; 181-140- 001, -003, -004, -005, -008; 181-370-002, -005, -006, -007, and a portion of -008; 181-400-001, - 002, -003, -004, -008, and -009) from Manufacturing-Service Commercial (M-SC) Zone to Airport (AIR) Zone;
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3) 2.89 acres of real property located at 4130 Mennes Avenue (APNs:
181-190-009; 181-151-001, -002, -003, -005) from General Residential (R -3) Zone to Airport (AIR) Zone;
4) 12.69 acres of real property located at 4130 Mennes Avenue (APNs:
181-370-006, and -007; a portion of 181-370-002, 005 and -008, , a portion of 181-140-001, -002, -003 and -004; a portion of 181 -190-014; a portion of 181 -137-005, -006, -007, and -008) from Planned Residential (R-4) Zone to Airport (AIR) Zone; and 5) 1.42 acres of real property located at 4130 Mennes Avenue (APNs:
a portion of 181-170-026) from Light Agriculture (A-1) Zone to Airport (AIR) Zone. (b) 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 se t 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. (c) 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.
(d) Government Code Sec tion 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 rela tionship 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. (e) Government Code Section 65856(a) provides that upon re ceipt 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.
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(f) 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 previ ously 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) Change of Zone No. 22008 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On November 9, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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 3-0-2 (Hakan abstained; 1 vacancy) to recommend approval of General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008 by adopting Planning Commission Resolution No. 2022 -11-09-03, a Resolution of the Planning Commission of the City of Jurupa Valley Recommending that the City Council of the City of Jurupa Valley Approve General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, Redesignating the Land Use Designations Parcels within the Flabob Airport to Pu blic Facility/Institutional, Establishing an Airport Zone Classification and Permitted Uses and Applicable Development Standards, Amending the General Plan to Make the Airport Zone Consistent with the Public Facility/Institutional Land Use Designation, and Reclassifying the Zoning of Parcels within the Flabob Airport as Airport Zone, and Make a Determination of Exemption under CEQA Guidelines Section 15061(b)(3). (c) On December 1, 2022, the City Council of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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 continued the public hearing.
(d) On December 15, 2022, the City Council of the City of Jurupa Valley held a public hearing on Gen eral Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, 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.
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(e) All legal preconditions to the adoption of this Ordinance have occurred.

Section 4. California Environmental Quality Act Findings. The proposed Change of Zone is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no pos sibility that the proposed Change of Zone, reclassifying the entirety of the Flabob Airport site as Airport Zone, will have a significant effect on the environment. The proposed Change of Zone is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Change of Zone and the proposed CEQA determination, and based on its own independent judgment, finds that the Change of Zone set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 1. Findings for Approval of Change of Zone . The City Council of the City of Jurupa Valley hereby finds and determines that Change of Zone No. 22008 should be adopted because the proposed Change of Zone No. 22008 will be consistent with the City of Jurupa Valley 2017 General Plan, as amended by General Plan Amendment No. 22007, in that the General Plan Land Use Element Flabob and Riverside Airport Overlay requires consistency with the Airport Land Use Compatibility Plan and ongoing safe operations of Flabob Airport. The proposed Airport Zone is consistent wi th the General Plan goals because the proposed Airport Zone provisions support airport operations at Flabob Airport, support the continued operation of Flabob Airport as an airport, require consistency with the Airport Land Use Compatibility Plan, and prohibits bird-attracting uses and heavy industrial that can impact the ongoing operation of Flabob Airport.

Approval of Change of Zone. Based on the foregoing, t he City Council of the City of Jurupa Valley hereby adopts Change of Zone No. 22008, and rezones approximately 140 combined acres of real property located at 4130 Mennes Avenue (APNs: 181-151-001, -002,-003 and -005; 181- 152-001, -002, -004, and -005; 181-160-004; 181-170-005,-006, -009 through -022, and -026; 181,180-001, 181-190-001, -004, -007, -008, -009, -010, -015, -021, and -022; 181-370-002, -005, -006, -007, and a portion of -008; 181 -400-001, -002, 003, -004 , -008, and -009) from Manufacturing Heavy (M -H), Manufacturing-Service Commercial (M -SC), General Residential (R-3), and Planned Residential (R-4) Zones to Airport (AIR) Zone as described in Section 2 of this Ordinance and 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 the new Airport (AIR) Zone.

Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it wou ld 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 6. Effect of Ordinance . This Ordinance is intended to sup ersede 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.
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Section 7. 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 8. 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 19th day of January, 2023.
______________________________
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. 2022-23 was introduced at a meeting of the City Council of the City of Jurupa Valley on the 15th day of December, 2022, and thereafter at a regular meeting held on the 19th day of January, 2023, 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 19th day of January, 2023.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

EXHIBIT A
Change of Zone to Airport Zone (AIR)

Page 1 of 17 ends

PC Reso. No. 2022-11-09-0_
RESOLUTION NO. 2022-11-09-03

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF JURUPA VALLEY RECOMMENDING

THAT THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVE GENERAL PLAN AMENDMENT NO.
22007, ZONING CODE AMENDMENT NO. 220 13, AND
CHANGE OF ZONE NO. 22008 , REDESIGNATING THE

LAND USE DESIGNATIONS PARCELS WITHIN THE

FLABOB AIRPORT TO PUBLIC

FACILITY/INSTITUTIONAL, ESTABLISHING AN

AIRPORT ZON E CLASSIFICATION AND PERMITTED

USES AND APPLICABLE DEVELOPMENT STANDARDS ,

AMENDING THE GENERAL PLAN TO MAKE THE

AIRPORT ZONE CONSISTENT WITH THE PUBLIC

FACILITY/INSTITUTIONAL LAND USE DESIGNATION,

AND RECLASSIFYING THE ZONING OF PARCELS

WITHIN THE FLABOB AIRPORT AS AIRPORT ZONE ,

AND MAKE A DETERMINATION OF EXEMPTION
UNDER CEQA GUIDELINES SECTION 15061(B)(3)

THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:

Section 1. Project. At the January 21, 2021 regular City Council meeting, t he City Council initiated General Plan Amendment No. 22007, Zoning Code Amendment No. 22013 , and Change of Zone No. 22008, to (a) establish a n ew Airport Zone classification, (b) establish permitted land uses and development standards for the Airport Zone and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code , (c) reclassify the entirety of the Flabob Airport site as Airport Zone, (d) amend the 2017 General Plan to state that the Airport Zone is consistent with the Public Facility \Institutional (PF) land use designation, and (e) amend the General Plan land use map to redesignate the entirety of the Flabob Airport site to Public Facility/Institutional (PF) (the “Project”).

Page 2 of 17 ends

PC Reso. No. 2022-11-09-0_
2) Change the General Plan land use designation s of approximately 58 combined acres as follows and as shown in Exhibit “B”:
a) 14.91 acres of real property located at 4130 Mennes
Avenue (APNs: 181-180-001, 181-160-004, 181-170-005, 006, 010 - 022, & 026 from Business Park (BP) to Public Facility/Institutional (PF);
b) 6.70 acres of real property located at 4130 Mennes Avenue (APNs: 181-190-015, a portion of 181-400-008) from Open Space Recreational (OS-R) to Public Facility/Institutional (PF); and
c) 36.03 acres of real property located at 4130 Mennes
Avenue (APNs: 181-190-021 & 22, 181-400-001, 002, 004, a portion of 008, 009 & 023, 181- 370-002, 004 – 007, a portion of 008 ) from Residential Rural (R -R) to Public Facility/ Institutional (PF).
(b) Section 9.30.0 10.A. of the Jurupa Valley Municipal Code provides that any amendment to any part of the Jurupa Valley General Plan, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and Chapter 9.30 of the Jurupa Valley Municipal Code. (c) Section 9.30.010.B. of the Jurupa Valley Municipal Code provides that the initiation of proceedings for the amendment of any part of the Jur upa Valley General Plan shall be conducted in accordance with the provisions of Chapter 9.30 of the Jurupa Valley Municipal Code.
(d) Section 9.30.040.D. of the Jurupa Valley Municipal Code provides that the owner of real property, or a person authorized by th e owner, seeking to change the land use designation on that real property, shall have the right to apply for a General Plan Amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in Sect ion 9.30.040. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee.

Page 3 of 17 ends

PC Reso. No. 2022-11-09-0_
membership of the Planning Commission. If the Planning Commission cann ot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal. Further, Government Code Section 65354 provides that the planning commission shall make a written recommendation on the adoption of a general plan, that a recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission, and that the planning commission shall send its recommendation to the legislative body. (g) Section 9.30.100.(3) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation of the Planning Commission on an amendment of the General Plan, the City Clerk must set the matter for p ublic hearing before the City Council at the earliest convenient day and give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

Section 3. Zoning Code Amendment.
(a) The City has initiated Zoning Code Amendment No. 22013 to establish a new Airport Zone classification, establish permitted land uses and development standards for the Airport Zone, and mak e other conforming changes to Title 9 (“Planning and Zoning”) of the Jurupa Valley Municipal Code, as described in Exhibit “C.” (b) Section 9.285.010 of the Jurupa Valley Municipal Code provides that amendments to Title 9 may be initiated by either the Planning Commission or the City Council. (c) Section 9.285.010 of the Jurupa Valley Municipal Code provides that amendments to Title 9 shall be made in accordance with the procedure set forth in Government Code Section 65800 et seq. , as now enacted and hereafter amended, and the requirements of Chapter 9.285.
(d) Section 9.285.030 of the Jurupa Valley Municipal Code provides that amendments to Title 9 of the Jurupa Valley Municipal Code that propose to r egulate the use of buildings, structures , and land as between industry, business, residents, open space , and other purposes, and that propose to regulate the use of lots, yards, cou rts, and other open spaces , shall be adopted in the manner set forth in Section 9.285.040. Further, Government Code Section 65853 provides that an amendment to a zoning ordinance, which amendment proposes to impose any regulations listed in Government Code Section 65850 not theretofore imposed, must be adopted in the manner set forth in Government Code Sections 65854 to 65857, inclusive. (e) Section 9.285.040 of the Jurupa Valley Municipal Code provides that the Planning Commission must hold a public hearing on the proposed amendment. 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 must contain the reasons for the recommendation. If the Planning Commission does not reach a decision due to a tie vote, that fact must be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (f) Government Code Section 65853 provides that when the legislative body has requested the planning commission to study and report upon an amendment to the zoning

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ordinance and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice, the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854. Fail ure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed amendment to the zoning ordinance.
(g) Government Code Section 65854 provides that the planning commission shall hold a public hearing on the p roposed amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Government Code Section 65090. (h) Government Code Section 65855 provides that after the hearing, the planning commission shall render its decision in the form of a writ ten recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed amendment to the general plan, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body.

Change of Zone.
(i) The City has initiated Change of Zone No. 22008 to rezone approximately 140 combined acres of real property as follows and as shown in Exhibit “D”:
1) 50.38 acres of real property located at 4130 Menn es Avenue (APNs: portion of 181 -190-010, 181 -190-001) from Manufacturing Heavy (M -H) Zone to Airport (AIR) Zone;
2) 71.48 acres of real property located at 4130 Mennes Avenue (APNs: a portion of 181 -190-010, 008, 007, 004, 015, 021 & 022, 181-180-001,181-170-005, 006, 010 through 022, a portion of 181 -170-026, 181-160-004, 181-152-001, 002, 004 & 005 , 181-140-001, 003, 004, 005, & 008, 181 -137-00212, 181-400-001, 002, 004, 008, 009, & 023, 181-370-002, 004 - 008) from Manufacturing -Service Commercial (M -SC) Zone to Airport (AIR) Zone;
3) 2.89 acres of real property located at 4130 Mennes Avenue (APNs:
181-190-009, 181 -151-001, 00 2, 003 & 00 5 from General Residential (R -3) Zone to Airport (AIR) Zone;
4) 12.69 acres of real property located at 4130 Mennes Avenue (APNs: 181-370- portion of 005, 006, 007, a portion of 008, a portion of 181 -190-004 ) from Planned Residential (R-4) Zone to Airport (AIR) Zone; and 5) 1.42 acres of real property located at 4130 Mennes Avenue (APNs:
a portion of 181-170-026) from Light Agriculture (A-1) Zone to Airport (AIR) Zone. (j) Section 9.285.040.(1) of the Jurupa 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.

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(k) 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 recommendation is 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 vo te, 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.
(l) 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 4. Procedural Findings . The Planning Commission of the City of Jurupa Valley does hereby find, determine and declare that:
(a) General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008 were processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On November 9, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on General Plan Amendment No. 22007, Zoning Code Amendment No. 22013, and Change of Zone No. 22008, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters . F ollowing the receipt of public testimony, the Planning Commission closed the public hearing. (c) All legal preconditions to the adoption of this Resolution have occurred.

Section 5. California Environmental Quality Ac t Findings . The Planning Commission 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:
(a) The proposed General Plan Amendment, Zoni ng Code Amendment , and Change of Zone are exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that ther e is no possibility that the proposed General Plan Amendment, Zoning Code Amendment , and Change of Zone , as described in Sections 2 through 4 of this Resolution , will have a significant effect on the environment. The proposed General Plan Amendment, Zonin g Code Amendment , and Change of Zone are administrative processes of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed General Plan Amen dment, Zoning Code Amendment , and Change of Zone and the

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proposed CEQA determinations, and based on its own independent judgment, finds that the General Plan Amendment, Zoning Code Amendment , and Change of Zone are not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 6. Findings for Recommendation of Approval of General Plan Amendments. 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 General Plan Amendment No. 22007 should be adopted because:
(a) The proposed amendment to Table 2.5 (“General Plan Land Use Designations and Consistent Zone Distr icts”) of the Land Use Element of the City of Jurupa Valley 2017 General Plan is consistent with the City of Jurupa Valley 2017 General Plan in that the General Plan Land Use Element under LUE - 4 PublicFacilities/ Institutional that privately owned facilities providing public services, such as Flabob Airport, may also be included in the Public Facility/ Institutional designation. The airport is a public facility and therefore is compatible with the Public Facility/Institutional designation. (b) The proposed am endments to the General Plan Land Use Map are consistent with the City of Jurupa Valley 2017 General Plan in that the updated Public Facilities/Institutional Land Use is an improvement over the mixture of General Plan Land Uses that currently exists within the boundary of the airport and replace it with one land use that is consistent with the General Plan vision for Flabob Airport to provide aviation services, education, and community events and minimize land use conflicts.

Section 7. Findings for Recommendation of Approval of Zoning Code Amendment. 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 Zoning Code Amendment No. 22013 should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan in that the proposed Airport Zone is consistent with airport operations at Flabob Airport, supports the continued operation of Flabob Airport as an airp ort, requires consistency with the Airport Land Use Compatibility Plan, and prohibits bird attracting uses and heavy industrial that can impact the ongoing operation of Flabob Airport.

Section 8. 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. 22008 should be adopted because the proposed Change of Zone No. 22008 will be consistent with the City of Jurupa Valley General Plan, as amended by General Plan Amendment No. 22007, in that 3.

Section 9. Recommendation of Approval General Plan Amendment, Zoning Code Amendment, and Change of Zones . Based on the foregoing, the Planning Commission hereby recommends that:

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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 cert ify that the foregoing Resolution No. 2022-11-09- 03 was duly adopted and passed at a meeting of the Planning Commission of the City of Jurupa Valley on the 9th day of November, 2022, by the following vote, to wit:

AYES: COMMISSION MEMBERS:

NOES: COMMISSION MEMBERS:

ABSENT: COMMISSION MEMBERS:

ABSTAIN: COMMISSION MEMBERS:
___________________________

JOE PEREZ

COMMUNITY DEVELOPMENT DIRECTOR
Chair Pro Tem Shultz, Commissioners Newman and Pruitt
Chair Jackson

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EXHIBIT A
Table 2.5 (“General Plan Land Use Designations and Consistent Zone Districts”) of the Land Use Element of the City of Jurupa Valley 2017 General Plan

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EXHIBIT B
General Plan Amendment, Public Facilities/Institutional Land Use3

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EXHIBIT C

DRAFT AIRPORT ZONE ORDINANCE
ORDINANCE NO. 2022-__

AN ORDINANCE OF THE CITY OF JURUPA VALLEY

AMENDING THE JURUPA VALLEY MUNICIPAL CODE

TO ESTABLISH A NEW AIRPORT ZONE

CLASSIFICATION, ESTABLISH PERMITTED LAND USES

AND DEVELOPMENT STANDARDS FOR THE AIRPORT

ZONE, AND MAKE OTHER CONFORMING CHANGES TO
TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE ,

AND FINDING AN EXEMPTION FROM CEQA UNDER
SECTION 15061(B)(3) OF THE CEQA GUIDELINES

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

Section 1. Project Procedural Findings . The C ity Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the January 21, 2021 regular City Council meeting, the City Council initiated General Plan Amendment No. 22007, Zoning Code Amendment No. 22013 (the “Zoning Code Amen dment”), and Change of Zone No. 22008 , to (a) establish a new Airport Zone classification, (b) establish permitted land uses and development standards for the Airport Zone and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code, (c) reclassify the entirety of the Flabob Airport site as Airport Zone , (d) amend the 2017 General Plan to state that the Airport Zone is consistent with the Public Facility\Institutional (PF) land use designation, and (e) amend the General Plan land use map to redesignate the entirety of the Flabob Airport site to Public Facility/Institutional (PF), and requested that the Planning Commission study and report on the proposed Zoning Code Amendment, as set forth in this Ordinance. (b) On November 9 , 2022, the Pl anning Commission of the City of Jurupa Valley held a public hearing on the proposed Zoning Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Zoning Code Amendment had the opportunity and did address the Planning Commission on these matters . F ollowing t he receipt of public testimony the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimon y, the Planning Commission adopted Resolution No. 2022-11-09-03 recommending that the City Council approve the proposed Zoning Code Amendment.
(c) On ________ __, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters.

-2-
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Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. California Environmental Quality Act Findings . The proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment, establishing a new Airport Zone classification, estab lishing permitted land uses and development standards for the Airport Zone, and make other conforming changes to Title 9 of the Jurupa Valley Municipal Code , will have a significant effect on the environment.

The proposed Zoning Code Amendment is an administrative process of the City that will not result in direct or indirect phys ical changes in the environment . The City Council has reviewed the administrative record concerning the proposed Zoning Code Amendment and the proposed CEQA determinations, and b ased on its own independent judgment, finds that the Zoning Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 3. Project Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law , that the proposed Zoning Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan , as amended by General Plan Amendment No. 22007, in that the proposed Airport Zone is consistent with airport operations at Flabob Airport , supports the continued operation of Flabob Airport as an airp ort, requires consistency with the Airport Land Use Compatibility Plan, and prohibits bird attracting uses and heavy industrial that can impact the ongoing operation of Flabob Airport.

Section 4. Amendment to S ection 9 .35.010. Section 9.35.010, Zones, of Chapter

9.35, Zone Classifications, of Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code is hereby amended to add the following zone classification: “AIR - Airport”.

Section 5. Amendment to Title 9. A new Chapter 9.232 is hereby added to Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code to read as follows:
“CHAPTER 9.232. – AIR ZONE (AIRPORT)
Sec. 9.232.010. - Intent.

Sec. 9.232.020. - Uses permitted.

A. The following uses are permitted in the AIR Zone:

-3-
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(1) Airport operation and related uses: Air terminal buildings, air traffic control and navigational facilities, administrative buildings and offices, indoor storage, baggage and cargo services, hangars, airport and aircraft maintenance and operational facilities, runways and landing areas, taxiways and taxi lanes, tie - downs for aircraft.
(2) Public safety and services facilities (police, fire, EMT, etc.). (3) Government public safety age ncies.
(4) Meteorological installations .
(5) Natural area, non -bird attracting agricultural uses, open space, and buffer areas .

B. The following uses are permitted upon approval of a site development permit pursuant to Section 9.240.330:
(1) Aircraft fueling.
(2) Aviation manufacturing.
(3) Aviation light industrial.
(4) Airport equipment repair, paint, and support services. (5) Automotive services related to airport operations. (6) Aviation experimental facilities and laboratories.
(7) Aviation related information services.
(8) Aviation museums and displays.
(9) Ground transportation.
(10) Rental cars.
(11) Helicopter operations.
(12) Clubs and organizations.
(13) Restaurants, cafes, and snake bars.
(14) Retail stores.
(15) Warehouse ten thousand (10,000) square feet or less, no outdoor storage.

C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:

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(1) Hotels, motels.
(2) Student housing.
(3) Recreational facilities that are non-bird attracting. (4) Technical schools and other educational uses.
(5) Farmers markets consistent with Section 9.240.520.

D. Uses not listed. Any use that is not specifical ly 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 su bject to the permit process which governs the category in which it falls.

Sec. 9.232.030. - Development standards.

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(a) A minimum ten (10) percent of the site proposed for development shall be landscaped and irrigated.
(b) A minimum ten (10) foot wide landscape stripe adjacent to street right-of-way lines shall be landscaped and maintained.
(c) A minimum twenty (20) foot wide landscape strip adjacent to lots zoned residential shall be landscaped and maintained.
(8) Trash areas. Trash areas shall be screened with landscaping or structures. (9) Outside storage . Outside storage, as described in Section 9.10.050, shall be completely screened from public view by abutting residential properties. (10) Utilities. Utilities shall be installed underground. (11) Mechanical equipment. All mechanical equipment shall be screened from view. (12) Lighting. All lighting fixtures shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.” Section 6. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not 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 9. 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

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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 duly 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

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EXHIBIT D
Change of Zone to AIR Zone (Airport)

Flabob Airport Workshop Summary
September 13, 2022
Twenty-five people attended the September 13, 2022 community workshop regarding the proposed Flabob Airport Zone. Most attendees were residents from the surrounding area. Several others in attendance were associated with Flabob Airport.

There were two overarching themes expressed at the workshop. The first is that those in the area do not want to see significant changes to Flabob, since they believe it is great the way it is. The second is that the community supports Flabob, wants it to stay viable, and desires to see it continue as an educational and historical asset. The questions and comments brought up during the Q&A portion of the meeting were primarily related to gaining clarity on the proposal and ensuring any new zone will not result in drastic changes to Flabob. Provided below is a summary of the questions and comments communicated by those who attended the meeting:
• Since Flabob Airport was established prior to the surrounding residential uses, they are concerned about uses being taken away from Flabob Airport • Request for clarification on the purpose of the removal of M-H and M-SC zones • Concern that existing businesses will be taken away; area will turn into a huge tourist attraction; and airport will not be quaint anymore
• What heavy manufacturing business exists currently? Are any of them being taken away?
• Preserving the quality of the airport is important
• Are any roads being taken away due to the rezone?
• How does the rezone of the airport affect the land outside of the airport boundaries? • How does the rezone affect the high school?
• The City is now requiring all businesses to require permits • Inquiry regarding the possibility of keeping the airport as a heritage site • Does this change the operating hours of the airport? I agree with the removal of heavy manufacturing and expressed appreciation.
• Concerned with potential traffic in the area as uses in the airport expand • Concerned with the potential for a much higher number of flights from the airport • Concerned with how the development standards would impact the residential uses specifically off Mennes Ave. – they live on Mennes Ave. • General concerns with crime and code violations in the area • Concerned about how a hotel might impact the area
During the Q&A session, it was explained that the purpose of the proposed zone change is to remove the current zoning (Manufacturing – High and Manufacturing Service- Commercial) that allows heavy industrial uses incompatible with Flabob Airport’s goals and the surrounding residential uses. Also, it was communicated that the new proposed Airport Zone is intended to allow airport-related uses that

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ATTACHMENT 5
support and enhance Flabob Airport’s mission as a historical, cultural, and recreational hub for Jurupa Valley. By the end of the workshop, those in attendance expressed overall support for the concept of a new Airport Zone.

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CHAIR
Steve Manos
Lake Elsinore

VICE CHAIR
Russell Betts
Desert Hot Springs

COMMISSIONERS
John Lyon
Riverside
Russell Betts
Desert Hot Springs
Richard Stewart
Moreno Valley
Michael Geller
Riverside
Vernon Poole
Murrieta
STAFF
Director
Paul Rull
Simon A. Housman
Jackie Vega
Barbara Santos
County Administrative Center
4080 Lemon St.,14th Floor.

Riverside, CA 92501
(951) 955-5132
www.rcaluc.org

RIVERSIDE COUNTY

AIRPORT LAND USE COMMISSION
N
ovember 10, 2022
J
im Pechous, Project Planner
City of Jurupa Valley Planning Department
8930 Limonite Avenue
CA 92509
RE:

AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIE W
F
ile No.: ZAP1039FL22
Related File Nos.: G PA22007 (General Plan Amendment), CZ22008 (Change of Zone), ZCA22013 (Zoning Code Amendment)
Compatibility Zones: Zones A, B1, B2, D
APNs: Multiple
Dea
r Mr. Pechous:

On
November 10, 2022, the Riverside County Airport Land Use Commission (ALUC) found City of Jurupa Valley Cas e Nos. GPA22007 ( General Plan Amendment), CZ22008 (Change of Zone), ZCA22013 ( Zoning Code Amendment) , a City-initiated proposal establishing a new Airport Zone for the Flabob Airport that would remove the ex isting mixture of incompatible zoning and would allow aviation and airport supportive land uses at the airport, generally located westerly of Crestmore Road, northerly of Mission Rock Way, southerly of Capary Road, and easterly of 46 th Street, in order to implement the new Airport Zone, the City proposes : 1) a General Plan Amendment to amend the General Plan Land Use map designations of the project site from Business Park, Residential Rural, Open Space-Rural, and Public Facilities to Public Faculties/Institutional, to be consistent with the new Airport Zone; 2) a Change of Zone of the project site from Manufacturing High (M-H), Manufacturing Service Commercial (M-SC), General Residential (R-3), Planned Residential (R-4), and Light Agriculture (A-1) to Airport Zone (AIR); and 3) a Zoning Code Amendment to add the new Airport Zone to the City’s Municipal Code (no physical development is proposed at this time ), CONSISTENT with the 2004 Flabob Airport Land Use Compatibility Plan.

S
upporting documentation was provided to the Airport Land Use Commission and is available online at www.rcaluc.org, click Agendas 11-10-22 Agenda, Bookmark Agenda Item No. 3.5.

If y
ou have any questions, please contact me at (951) 955-6893.

S
incerely,

RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
_________
_____________________________
Paul Rull, ALUC Director
c
c: Beth LaRock, Manager, Flabob Airport
ALUC Case File
X:\A
IRPORT CASE FILES\Flabob\ZAP1039FL22\ZAP1039FL22.ltr.doc ATTACHMENT 6
P
age | 1

STAFF REPORT
DATE: DECEMBER 15, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 15.B
PUBL

IC HEARING TO CONSIDER EXTENSION OF AN INTERIM

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY ENACTED PURSUANT TO GOVERNMENT
CODE SECTION 65858 ESTABLISHING EMERGENCY

REGULATIONS RELATED TO URBAN LOT SPLITS AND

HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL
9, DECLARING THE URGENCY THEREOF AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTIONS 65852.21(J) AND 15061(B) (3)
____________________________________________________________________________

RECOMMENDATION
1) That the City Council adopt , by a four -fifths vote, Ordinance No. 2022- 25 extending Interim Urgency Ordinance No. 2022-02 entitled:

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022 -02, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT

SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA

BACKGROUND
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022. It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two (2) units on parcels zoned for single -family dwellings per lot and/or the subdivision of a single -family zoned parcel into two equal sized parcels ( a 40 to 60 percent split of lot size is allowed). This type of subdivision

RETURN TO AGENDA
Page | 2

(“urban lot split”) may result in each lot containing a duplex or two (2) detached residential units.

Interim Urgency Ordinance
SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. Since the law became effective (January 1, 2022) and up until January 20, 2022, t he City was operating under the State’ s ordinance. On January 20, 2022, the City Council adopted an Interim Urgency Ordinance (IUO) that includes objective standards imposed under SB 9 . In addition to these minimum State requirements, the IUO also included City -specific objective standards which are intended to limit the potential negative impacts resulting from density increases and incompatible land use patterns in single-family zones. For example, the City adopted development standards that regulate screening of non-public utility electrical equipment, established a maximum unit size and maximum building height as well as separation distance between units. The City also included a requirement for affordability.

Extension of Interim Urgency Ordinance
The initial IUO was effective for a 45- day period and was scheduled to expire on March 6, 2022. However, State law allows two (2) further extensions: an initial extension of 10 months and 15 day s, and a second extension of one year . The initial extension was adopted on February 17, 2022 which extended the IUO’s expiration date to January 20, 2023. The second extension is proposed for adoption at the City Council hearing on December 15, 2022. Adoption of the extension on December 15, 2022 will extend the IUO to January 20, 2024 and provide additional time to develop a permanent SB 9 ordinance.

On December 1, 2022, the City Council issued a public report pursuant to Government Code Section 65858(D) regarding Interim Urgency Ordinance No. 2022 -02 which established regulations related to SB 9. This report describes the measures taken to alleviate the condition which led to the adoption of the Interim Urgency Ordinance No. 2022-02.

ANALYSIS
As explained in the January 20, 2022 City Council Staff Report, the only zone in the City where SB 9 development is permitted is in the R-1 zone (One-Family Dwellings), as the City’s other residential zones are not exclusively for single-family units.

It is important to note that during the last 10 months, there has only been one submittal of an SB 9 application. However, since SB 9 is still considered very new, the trend could easily change. As a result of the continuing potential impacts to existing neighborhoods stemming from the passage of SB 9, it is recommended that the City adopt the attached ordinance to allow additional time for analyzing the various aspects of resulting housing development and urban lot splits.

Properties t hat are identified in the General Plan as being in a “ very high fire hazard severity zone” and/or are located within a federally designated 100- year floodplain are excluded from SB 9 projects. The City has these areas scattered throughout the community. In addition, SB 9 projects are not allowed in the following areas: a) Page | 3

earthquake study zones; b) prime agricultural lands; c) hazardous waste sites; d) coastal zones; e) historic districts and/or properties with historic resources. The City has identified two such protected areas on General Plan maps. A map illustrating the location of R-1 zoning in relation to “very high fire hazard severity zones” and the City’s federally designated 100-year floodplain areas is included as an attachment to this report for City Council reference.

In addition to the map illustrating the location where SB 9 development may and may not be allowed, exhibits demonstrating various SB 9 development scenarios are provided below:

1. Example of typical SFD lot 2. Existing typical SFD lot with ADUs

3. Example of SB 9 Development 4. Example of SB 9 Development

It is important to note that other configurations of development may occur such as a duplex on each newly created lot resulting in 4 units.

Year: 1965

Home size: 2,000 sq.
ft.

Lot size: 7,200 sq. ft.

Current ADU Law
allows:
- A Jr. ADU (650 sq. ft.
max)
- A freestanding ADU
(1,200 sq. ft. max)

A total of 3 Units

SB 9 allows:
- A Lot Split
- A New
Home with 4
ft. side and
rear yard
setbacks
- A new ADU

SB 9 allows:
- A Lot Split
- A New Home
with 4 ft. side
and rear yard
setbacks
- A new ADU
- A new ADU
or Jr. ADU in
the original
home

A Total of 4 Units

Page | 4

5. Example of SB 9 Development with duplexes.

NOTICING REQUIREMENTS
An advertisement for this public hearing was published in the Press Enterprise on December 5, 2022. No comment has been received at the time of this report.

ENVIRONMENTAL REVIEW
The Extension of the Interim Urgency Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that it has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council’s action of extending this IUO and the effects derived from that extension are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b) (3) (14 Cal. Code Regs. § 15061(b) (3)).

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 extend Interim Urgency Ordinance No. 2022-02 by adopting Ordinance No 2022- 25, by a four -fifths vote, establishing emergency regulations for SB 9 development projects until January 20, 2024.

2. Provide alternative direction to staff.

3. Council may elect not to extend Interim Urgency Ordinance No. 2022-02.

SB 9 allows:

A duplex (or two
detached units) on
each lot if
demolition of
existing structure is
not a unit that had
been occupied by
the owner for 3
years

New
Duplex

ATTACHMENT 1 Ordinance Extending IUO

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ORDINANCE NO. 2022-25

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF JURUPA V ALLEY, CALIFORNIA , EXTENDING INTERIM
URGENCY ORDINANCE NO . 2022-02, ESTABLISHING EMERGEN CY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858

ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENA TE BILL 9 , AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA

THE CITY COUNCIL OF THE CITY OF JURUPA V ALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Prior Ordinance. On January 20, 2022, the City Council adopted Interim Urgency Ordinance No. 2022 -02 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9 .

That ordinance has an initial term of forty-five (45) days, which Council extended for an additional ten (10) months and fifteen (15) days on February 17, 2022. Interim Urgency Ordinance No. 2022- 02 is scheduled to expire on January 20, 2023.

SECTION 2. Legislative Findings. The City Council of the City of Jurupa Valley does find, determine, and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in co nflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four-fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption.

B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-02 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-02 by up to ten (10) months and fifteen (15) days. Then, City Council may extend Interim Urgency Ordinance No. 2022-02 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council.

C. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the “California Home Act”, into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single -family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

D. SB 9 requires cities to ministerially app rove a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single -family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies th at proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B) -(K), such as in an earthquake fault

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zone, lands under conservation easement, a federally designated flood plain, and high fire h azard severity zones as defined under state law.

E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two-unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two-unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard fo r municipalities to meet under the statute.

F. The City of Jurupa Valley’s natural beauty, equestrian lifestyle, and semi - rural residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard sever ity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever -increasing and true threat to the health, welfare and safety of the community.

G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill ’s provisions, and to adopt an ordinance to implement its provisions. The def ault standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Jurupa Valley desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City’s single-family residential zones.

H. The City Council is concerned that under the City ’s current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Jurupa Valley community and to its residents ‒ including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability ‒ without compensating benefits to the community.

I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the pr ocedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9.

K. The City Council now finds that it is necessary to further extend the emergency regulations.

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L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Jurupa Valley sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed.

During this period, the City will be able to analyze their potential impacts on the public health.

The City Council finds that these studies will he lp the City Council and the City ’s Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City ’s General Plan desig nations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City ’s residents, business community, property owners, and developers.

M. The City Council finds that it is necessary that this Interim Ordinance take effect immediately as there is a curren t and immediate threat to the public health, safet y and welfare. Without this Interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods.

Therefore, a current and immediate threat to the public safety, health and welfare exists.

N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 3. Compliance wi th Government Code Section 65858(d). Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On December 1, 2022, the City Council issued this report.

SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions o f Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Ordinance, the City Council finds and determines that the adoption of this Interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety , and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Jurupa Valley pursuant to Interim Urgency Ordinance No. 2022-02 are hereby extended pursuant to Gover nment Code Section 65858 for twelve (12 ) months so as to extend these regulations to January 20 , 2024. This Interim O rdinance hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9.

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SECTION 6. Term. This Interim Ordinance shall take effect immediately upon adoption, and this Interim Ordinance shall expire, and the emergency regulations established hereby shall terminate, on January 20, 2024 pursuant to California Government Code Section 65858. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time.

SECTION 7. CEQA Finding. The City Council here by finds, in the exercise of its independent judgment and analysis, that this Interim Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that this Interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Cou ncil’s action of adopting this I nterim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Ordinance will have a significant effect on the environment. It is there fore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this Interim Ordinance is exempt from th e CEQA pursuant to Government Code Section 65852.21(j). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Ordinance.

SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-02 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Jurupa Valley. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Ordinance, a written report describing the measures taken to allevi ate the conditions which led to the adoption of this Interim Ordinance.

SECTION 9. Extension of Time. The Community Development Director and the City Clerk’s office shall undertake all actions legally necessary to extend this Interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the termination of the urgency ordinance.

SECTION 10. Effect of Ordinance. This I nterim Ordinance is intended to supersede any ordinance or resolution of the City of Jurupa Valley in conflict with the terms of this Interim Ordinance; provided, however, that nothing contained in this Interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisi on shall not affect the validity of the remaining portions of this Interim Ordinance. The City Council hereby

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declares that it would have adopted this Interim Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion there of, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases , or portions thereof be declared invalid or unconstitutional.

SECTION 12. Effective Date. This Interim Ordinance shall take effect immediately upon its passage; pursuant to Government Code Section 65858(d), it shall expire on January 20, 2024.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 15th day of December, 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 V ALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Urgency Ordinance No. 2022-25 was adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of December, 2022, 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 15th day of December, 2022

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 2
(Adopted Interim Urgency Ordinance 2022-02)

ATTACHMENT 3 (January 20, 2022 City Council Staff Report)

ATTACHMENT 4 Adopted Ordinance No. 2022-03 extended Interim Urgency Ordinance 2022-02

ATTACHMENT 5
(10-Day Report Issued by City Council on 12.01.22)

ATTACHMENT 6 Map Illustrating Applicability of SB 9

RETURN TO AGENDA

120

STAFF REPORT
DATE: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 16.A

ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE

RECOMMENDATION
1) That the City Council consider the reconfirmation of the appointment of Community Development Advisory Committee members Rachel Lopez, Andrew Mac Millan, and Donald Oaks, pursuant to Section 2.36.030 of the Jurupa Valley Municipal Code.

BACKGROUND
On February 21, 2019, the City Council adopted Ordinance No. 2019-04, adding Section

2.36.030 to the Jurupa Valley Municipal Code , which provides that “Each year the City Council shall reconfirm the appointment of each member of the Community Development Advisory Committee.” Section 2.36.030.B.2 provides that each member of the Community Development Advisory Committee shall be “reconfirmed by a majority vote of the entire City Council.” Section 2.36.030.B.3 specifies that:
“If a member of the Community Development Advisory Committee is not reconfirmed by a majority vote of the entire City Council, then at the time of this vote the member shall be deemed removed from the Community Development Advisory Committee, the member's term and tenure as a member of the Community Development Advisory Committee shall end, and a vacancy shall exist for that position.”
If the term of a member of the Community Development Advisory Committee is expiring, or if a vacancy should occur on the Community Development Advisory Committee by a resignation or failure to be reconfirmed, the positions shall be filled by appointment of a new member by the City Council pursuant to the procedures of subsection A of Section

2.36.020.

RETURN TO AGENDA

Page | 1
120

STAFF REPORT
DATE: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 16.B

ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PLANNING COMMISSION

RECOMMENDATION
That the City Council consider the reconfirmation of the appointment of Planning Commissioners Hakan Jackson and Laura Schultz pursuant to Section 2.35.030(E) of the Jurupa Valley Municipal Code.

BACKGROUND
On December 5, 2013, the City Council adopted Ordinance No. 2013-11, amending Section 2.35.030.E, which provides that "Each year the City Council shall reconfirm the appointment of each Planning Commissioner." Section 2.35.030.E.2 provides that each Planning Commissioner shall be "reconfirmed by a majority vote of the entire City Council." Section 2.35.030.E.3. Specifies that:
"If a Planning Commissioner is not reconfirmed by a majority vote of the entire City Council, then at the time of this vote the Planning Commissioner shall be deemed removed from the Planning Commission, the Planning Commissione r's term and tenure as a member of the Planning Commission shall end, and a vacancy shall exist for that position."
If a Planning Commissioner's term is expiring, or if a vacancy should occur on the Planning Commission by resignation or failure to be reconfirmed, the positions shall be filled by appointment of a new member by the City Council pursuant to the procedures of subsection A of Section 2.35.020.

RETURN TO AGENDA

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12774-0007\1660448v2.doc
ORDINANCE NO. 2013-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AMENDING CHAPTER 2.35, PLANNING

COMMISSION, OF THE JURUPA VALLEY MUNICIPAL CODE,

RELATING TO THE TERM, APPOINTMENT, RECONFIRMATION,

AND REMOVAL OF MEMBERS OF THE PLANNING COMMISSION

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

Section 1. Chapter 2.35 of the Jurupa Valley Municipal Code is hereby amended to rea d as follows:

Chapter 2.35 Planning Commission

2.35.010 Planning Commission Established.

There is hereby established within the City a planning commission. The Planning Commission shall perform the planning agency functions described in Government Code Section 65100 et seq. , and shall fulfill the functions delegated to the Planning Commission for the County of Riverside under the relevant ordinances and resolutions, which the City has adopted as required upon incorporation. The Planning Commission shall perform the functions of any and all planning, zoning or code enforcement appeals board created by the relevant County of Riverside ordinances and resolutions, which the City has adopted by reference as required by law and by any City of Jurupa Valley ordinances.

2.35.020 Number of Members; Appointment and Removal.

A. The Planning Commission shall consist of five (5) members. Members of the Planning Commission shall be appointed by the City Council. Each Council Member shall nominate one member of the Pla nning Commission. Each such nomination shall require confirmation by a majority vote of the entire City Council.

1. Not less than ten (10) days prior to the meeting at which the Council will consider one or more appointments to the Planning Commission the City Clerk shall post notice of the pending appointment s and invite qualified persons to apply for the position or positions.

2. The City Clerk shall post such notice at the locations where the City Council Agendas are posted pursuant to City Council resolution and on the City’s website.

3. In addition to these posting requirements, the City Clerk shall also comply with the posting requirements for vacancies and term s of Planning -2-
12774-0007\1660448v2.doc
Commissioners as provided in Government Code Sections 54970 to 54974 or their successor sections.

B. Members of the Planning Commission shall serve at the pleasure of the City Council and a member of the Planning Commission may be removed from the Planning Commission by a majority vote of the entire City Council for any reason, with or without cause. If a Planning Commission member is removed from office, then at the time of this vote the Planning Commissioner shall be deemed removed from the Planning Commission, the Planning Commissioner’s term and tenure as a member of the Planning Commission shall end, and a vacancy shall exist for that position.

C. If a vacancy should occur on the Planning Commission such vacancies shall be filled by appointment of a new member by the City Council for the unexpired portion of the term pursuant to the procedures of subsection A. of this Section.

2.35.030 Term; Annual Reconfirmation.

A. The term of each member of the Planning Commission shall be for four (4) years or until their successors are appointed and sworn in as members, wh ichever is later; provided, however, that the term of the first Planning Commission shall be as provided in this section , and , provided further, that the term of a Planning Commissioner shall be subject to reconfirmation or removal pu rsuant to this Chapter.

B. The Planning Commissioners nominated by Council Members who will hold office until the first succeeding municipal election of the City, as provided in Government Code Section 57377, shall serve until December 31 in the year of the City’s first succeedi ng municipal election , subject to reconfirmation or removal pursuant to this Chapter.

C. The Planning Commissioners nominated by Council Members who will hold office until the second succeeding municipal election of the City, as provided in Government Code Section 57377, shall serve until December 31 in the year of the City’s second succeeding municipal election, subject to reconfirmation or removal pursuant to this Chapter.

D. Thereafter, each member of the Planning Commission shall serve the term of four (4) y ears as provided in this Chapter , subject to reconfirmation or removal pursuant to this Chapter.

E. Each year the City Council shall reconfirm the appointment of each Planning Commissioner.

1. The reconfirmation shall occur at a regular City Council mee ting during the month of December of each year , provided that the first reconfirmation following adoption of Ordinance No. 2013 -11 shall be not later than February 28, 2014.
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12774-0007\1660448v2.doc

2. Each Planning Commissioner shall be reconfirmed by a majority vote of the entire City Council.

3. If a Planning Commissioner is not reconfirmed by a majority vote of the entire City Council, then at the time of this vote the Planning Commissioner shall be deemed removed from the Planning Commission , the Planning Commissioner’s term and tenure as a member of the Planning Commission shall end, and a vacancy shall exist for that position.

2.35.040 Qualifications.

Members of the Planning Commission shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of the Planning Commission shall be a city employee, nor shall any member of the Planning Com mission be a member of another city commission at any one time.

2.35.050 Officers.

The officers of the Planning Commission shall consist of a Chairperson and a Vice - Chairperson who shall be selected by a majority vote of the entire Planning Commission.

The terms of the Chairperson and Vice-Chairperson shall be from January 1 to December 31 of each year, subject to removal or failure to reconfirm pursuant to this Chapter.

2.35.060 Meetings/Quorum.

A. The City Council shall establish meeting schedules for the Planning Commission by resolution.

B. A quorum of three members of the Planning Commission shall be required for the transaction of any business.

2.35.070 Stipend.

Members of the Planning Commission may receive a stipend per meeting in an amount set by resolution of the City Council.

Section 2. Effect of Ordinance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside or the City of Jurupa Valley, including Ordinance No. 2011-09, in conflict with the terms of this ordinance . Nothing herein is intended to nor shall effect any decisions made by the Planning Commission prior to the effective date hereof.

Section 3. 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 pos ted in the manner required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 5th day of December, 2013.

Page | 1
120

STAFF REPORT
DATE: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 16.C

ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PUBLIC WORKS ADVISORY COMMITTEE

RECOMMENDATION
That the City Council consider the reconfirmation of the appointments of Public Works Advisory Committee members Hugo Bustamante, Jose Cuellar, Robert Galindo, Mayra Jackson, and Alondra Munoz pursuant to Ordinance No. 2022-13.

BACKGROUND
At their July 21, 2022 meeting, the City Council adopted Ordinance No. 20 22-13 establishing the Public Works Advisory Committee and providing f or the annual reconfirmation of the members of the Public Works Advisory Committee.

Pursuant to Ordinance No. 2022 -13, If a committee member is not reconfirmed by a majority vote of the entire City Council, then at the time of this vote the committee or commission member shall b e deemed removed from the committee or commission to which he or she has been appointed, the committee or commission member’s term and tenure as a member of the committee or commission shall end, and a vacancy shall exist for that position.

FINANCIAL IMPACT
There is no fiscal impact.

ALTERNATIVES
None.

RETURN TO AGENDA

Page | 1
120

STAFF REPORT
DATE: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 16.D

APPOINTMENT OF REPRESENTATIVES AND ALTERNATES TO

REGIONAL BOARDS AND COMMITTEES

RECOMMENDATION
1) That the City Council consider appointments to various regional Boards and/or Committees for the 2023 calendar year.
2) That the City Council approve travel and/or reimbursement of expenses to attend upcoming conferences for the following regional boards and committees:
a) Northwest Mosquito and Vector Control District (2-year term) b) Public Entity Risk Management Authority (PERMA)
c) Riverside County Transportation Commission (RCTC)
d) Riverside Transit Agency (RTA)
e) Western Community Energy Board of Directors (WCE)
f) Western Riverside Council of Governments (WRCOG)
g) Western Riverside County Regional Conservation Authority (RCA)

BACKGROUND
Following the annual Council reorganization, appointments are updated for Council membership and participation on various regional boards and committees in which the City is a member.

The purpose of these agencies is to sha re resources and engage with other legislative representatives in addressing items of regional significance. Participation in these agency meetings assist the City Council in making critical policy decisions that impact the community. Several of these appointments require both primary and alternate designees.

RETURN TO AGENDA

Page | 1

STAFF REPORT
DATE: DECEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 16.D.3

APPROVING A REVISED FAIR POLITICAL PRACT ICES
COMMISSION FORM 806 REGARDING THE APPOIN TMENT OF

COUNCIL MEMBERS TO COMPENSATED POSITIONS

RECOMMENDATION
1) Requested Action: That the City Council adopt Resolution No. 20 22-117, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING A REVISED FAIR POLITIC AL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT

OF COUNCIL MEMBERS TO COMPENSATED POSITIONS

BACKGROUND
On March 15, 2012, the Fair Political Practices Commission ("FPPC") revised Regulation 18705.5 to allow a public official to participate in making a decision appointing himself or herself to a specified government position paying a salary or stipend of $250 or more in any 12-month period.

However, before a public official may participate in a decision to appoint him or herself to a compensated position, Section 18705.5 requires a Form 806 to be adopted by the public agency and posted on its website. Form 806 requires public agencies to list the following:
(1) each appointed position for which compensation is paid; (2) the salary or stipend for each appointed position; (3) the name of the public official who has been appointed to the position and the name of the public officia l, if any, who has been appointed as an alternate; and (4) the term of the position.

On December 17, 2021, the Form 806 was posted on the City’s website to reflect all of the regional boards that the Mayor and Council serve on for which compensation is

RETURN TO AGENDA

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RESOLUTION NO. 2022-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING THE FAIR POLITICAL
PRACTICES COMMISSION FORM 806 REGARDING THE

APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED

POSITIONS

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Fair Political Practices Commission has recently adopted California Code of Regulation, Title 2, Section 18705.5 that authorizes public officials to vote on their own appointments to compensated positions on boards and commissions provided that the public official’s appointing body adopts and then posts on its website a completed Form 806 listing each appointed position for which compensation is paid to the public official.

Section 2. The City Co uncil hereby approves Fair Political Practices Commission Form 806, attached hereto as Exhibit A to this Resolution, disclosing the appointment of Council Members to compensated positions.

Section 3. The City C ouncil hereby authorizes and directs the City Clerk to execute Form 806 and to post the Form on the City’s website.

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 15th day of December, 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. 2022-117 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of December, 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 15th day of December, 2022.

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

EXHIBIT “A”

COMPLETED FORM 806

(To be posted on December 16, 2022

Jurupa Valley City CouncilDecember 15, 2022

Jurupa Valley City Council
December 15, 2022