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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, November 2, 2023
Joint Study Session: 5:30 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR JOINT STUDY SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
● Laura Shultz, Chair
● Penny Newman, Chair Pro Tem
● Hakan Jackson, Planning Commissioner
● Arleen Pruitt, Planning Commissioner
● Yesenia Villagomez, Planning Commissioner
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.
B. A member o f the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.
C. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.
D. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.
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2. JOINT STUDY SESSION:
A. JOINT STUDY SESSION: PEDLEY TOWN CENTER PLAN AND
CITYWIDE ECONOMIC ANALYSIS
Requested Action: That the City Council and Planning Commission receive and file a presentation on the Draft Pedley Town Center Plan and Citywide Economic Analysis and provide input and direction.
3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
4. INVOCATION
5. PLEDGE OF ALLEGIANCE
6. APPROVAL OF AGENDA
7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
8. PUBLIC APPEARANCE/COMMENTS
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54 954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.
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A. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE RIVERSIDE TRANSIT AGENCY BOARD OF
DIRECTORS MEETING OF OCTOBER 26, 2023
2. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF OCTOBER 27, 2023
3. UPDATE ON THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS TRANSPORTATION COMMITTEE MEETING
OF NOVEMBER 2, 2023
11. CITY MANAGER’S UPDATE
12. APPROVAL OF MINUTES
A. OCTOBER 19, 2023 REGULAR MEETING
13. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Sect ion 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$6,955,198.62
Requested Action: That the City Council ratify the check registers dated September 28, and October 5, 13, and 29, 2023 as well as the payroll registers dated September 29, 30 and October 13, 2023.
C. SUMMARY VACATION OF AN EASEMENT FOR PUBLIC ROAD AND
DRAINAGE PURPOSES, SOUTH OF UNION PLACIFIC RAILROAD
TRACKS AT 8884 JURUPA ROAD
Requested Action: That the City Council adopt Resolution No. 2023 -85, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES,
INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES
LOCATED GENERALLY SOUTH OF THE UNION PACIFIC RAILROAD
TRACKS AT 8884 JURUPA ROAD PURSUANT TO THE PROVISIONS OF CHAPTER 4, PART 3 OF DIVISION 9 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE
D. THIRD AMENDMENT TO AGREEMENT FOR CONSULTING
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN
RYAN FOR AMERICAN RESCUE PLAN ACT ADMINISTRATIVE
SERVICES AND PROJECT MANAGEMENT
Requested Action: That the City Council approve the Third Amendment to the agreement between the City of Jurupa Valley and Kevin Ryan for American Rescue Plan Act (ARPA) administrative consulting and project management services and authorize the City Manager to execute the Second Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.
E. APPROVAL OF FOURT H AMENDMENT TO AGREE MENT WITH
FIRSTCARBON SOLUTION S CORPORATION FOR TH E
PREPARATION OF AN EN VIRONMENTAL IMPACT R EPORT FOR
THE PROPOSED “RIO VI STA SPECIFIC PLAN” P ROJECT, (CASE NUMBER: MA16045), (APPLICANT: RICHLAND COMMUNITIES)
Requested Action: That the City Council authorize the City Manager to execute the Fourth Amendment to the Agreement with First Carbon Solutions Corporation for the preparation of an Environmental Impact Report (EIR) for the proposed “Rio Vista Specific Plan ” project in an amount not to exceed $425,860, to be funded entirely by the applicant ’s advance deposit sufficient to cover the EIR administrative costs.
14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
15. PUBLIC HEARINGS
A. PUBLIC HEARING TO CO NSIDER CALLING A SPE CIAL ELECTION; DECLARING THE RESULT S OF THE ELECTION; A ND APPROVING
FORMATION AND LEVY O F SPECIAL TAXES FOR CITY OF JURUPA VALLEY COMMUNITY FAC ILITIES DISTRICT NO. 2022-001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY
STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
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1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Following t he publ ic hear ing, st aff re commends t hat t he City Council adopt Resolution No. 2023-86, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY , CALIFORNIA, TO
ESTABLISH CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 2022 -001 (APPALOOSA SPRINGS),
TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND
TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS THEREOF; AND
3. That the City Council adopt Resolution No. 2023-87, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 2022 -001 (APPALOOSA SPRINGS)
PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A
SPECIAL TAX WITHIN THE COMMUNITY FACILITIES
DISTRICT; AND
4. That the City Council adopt Resolution No. 2023-88, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022 -001
(APPALOOSA SPRINGS) AND DIRECTING THE RECORDING OF
A NOTICE OF SPECIAL TAX LIEN; AND
5. That the City Council waive full reading, read by title only and introduce Ordinance No. 2023-15, entitled:
AN ORDINAN CE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022 -001
(APPALOOSA SPRINGS) AUTHORIZING THE LEVY OF A
SPECIAL TAX THEREIN
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B. PUBLIC HEARING TO CO NSIDER CALLING A SPECIA L
ELECTION; DECLARING THE RESULTS OF THE E LECTION; AND
APPROVING FORMATION AND LEVY OF SPECIAL TAXES FOR
CITY OF JURUPA VALLE Y COMMUNITY FACILITI ES DISTRICT
NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS);
GENERALLY LOCATED WEST OF C LAY STREET, EAST OF
PEDLEY ROAD, AND SOUTH OF LIMONITE AVENUE, TRACT NO.
37714
1. Requested Action: T hat the City Council open the public hearing and take testimony, if any.
2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2023-89, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY , CALIFORNIA, TO
ESTABLISH CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC SAFETY,
APPALOOSA SPRINGS), TO ESTABLI SH AN
APPROPRIATIONS LIMIT THEREFORE, TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS THEREOF; AND
3. That the City Council adopt Resolution No. 2023-90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC SAFETY,
APPALOOSA SPRINGS) PROPOSI TIONS REGARDING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND
THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE
COMMUNITY FACILITIES DISTRICT; AND
4. That the City Council adopt Resolution No. 2023-91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
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5. That the City Council waive full reading, read by title only and introduce Ordinance No. 2023-16, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS) AUTHORIZING THE LEVY OF
A SPECIAL TAX THEREIN
C. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 23244: THE FIRST ONE (1) YEAR EXTENSION FOR TENTATIVE
PARCEL MAP (TPM) NO. 37126 EX TENDING THE EXPIRATION DATE TO OCTOBER 29, 2024, AND DETERMINING THAT NO FURTHER
CEQA REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION
15162; LOCATED AT THE NORTHEAST CORNER OF MISSION
BOULEV ARD AND CRESTMORE ROAD (APNS: 179-330-002, 003, 004, 005 & 006); (APPLICANT: NORTHTOWN HOUSING DEVELOPMENT
CORPORATION)
Requested Action: That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2023-92, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
V ALLEY, APPROVING THE FIRST ONE -YEAR EXTENSION OF
TIME OF TENTATIVE PARCEL MAP NO. 37126 (TPM37126EOT1) TO EXTEND THE EXPIRATION DATE TO OCTOBER 29, 2024 FOR A
SCHEDULE “E” SUBDIVISION OF APPROXIMATELY 7.13 GROSS
ACRES OF REAL PROPERTY LOCATED EAST OF MISSION AND
SOUTH OF CRESTMORE (APNS: 179 -330-002, -003, -004, -005, AND - 006), AND DETERMINING NO FURTHER CEQA REVIEW
PURSUANT TO CEQA GUIDELINES SECTION 15162
16. COUNCIL BUSINESS
A. APPROVAL OF A NEW CLASSICATION SERIES FOR ENGINEERING
TECHNICIAN I & II AND THE AMENDMENT OF ESTABLISHED
SALARY SCHEDULE FOR 2023-2024
1. Requested Action: That the City Council approve the creation of a new classification series for Engineering Technician I & II including the job description and salary range of $5,105.45 - $7,552.06; and
2. That the City Council adopt Resolution No. 2023-93, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIF ORNIA APPROVING THE AMENDED
CLASSIFICATION AND C OMPENSATION SALARY S CHEDULE
FOR FISCAL YEAR 2023-24
17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of November 16, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332-6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
S
TAFF REPORT
D
ATE: NOVEMBER 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 2.A
JOINT STUDY SESSION: PEDLEY TOWN CENTER PLAN AND
CITYWIDE ECONOMIC ANALYSIS
______________________________________________________________________ RE
COMMENDATION
It is recommended that the City Council and Planning Commission r eceive and file a presentation on the Draft Pedley Town Center Plan and Citywide Economic Analysis and provide input and direction.
BACKGROUND
The Pedley Town Center Plan is intended to implement the “Town Center” policy direction of the General Plan. The General Plan identifies specific areas within the communities of Rubidoux, Glen Avon, and Pedley as “Town Centers.” Pedley is the largest of the three, is centrally located within the City, and i ncludes the Metrolink station, City H all and the Santa Ana River.
The Town Center areas are the historic areas of commerce in the City and are designated with the Town Center Overlay to encourage development of traditional, pedestrian- oriented town centers with characteristics that distinguish them from surrounding areas, which are largely semi-rural and rural neighborhoods. As envisioned in the General Plan, these areas are intended to function as walkable, small downtown environments that attract locals to shop, dine and socialize, in keeping with their historic uses, and are intended to provide an opportunity for regional multimodal transportation connections.
The General Plan states: “Pedley’s potential as a key component of the City’s identity, its ability to preserve its historical heritage and establish a downtown environment that attracts locals to shop, dine and socialize is critical.”
ANALYSIS
The Pedley Town Center Area Plan is intended to be a visioning document and strategic plan for this area of the City. The Plan aims to clarify a long-term vision for how the area
RETURN TO AGENDA
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should develop and improve in the future and provide implementation strategies for incremental change over time. The Plan will guide future development and public improvements to create a cohesive center that will anchor this historic area of the C ity and help solidify its identity within Jurupa Valley. The Pedley Town Center Area Plan will not be regulatory but will establish a clear and distinct vision and provide a bridge between General Plan policy and future regulatory changes, which could be in the form of changes to the Development and/or street standards, or a Specific Plan. The Plan will provide clear recommendations for the regulatory changes and other programmatic changes needed to achieve the vision. It is important to note that this is a plan, not a project. This plan would direct how the area will be designed and developed in the future.
Joint City Council/Planning Commission Study Session #1 A study session was held with the City Council, Planning Commission and general public on March 2, 2023. The purpose of that study session was to present the results of community engagement efforts (e.g. online visioning survey and stakeholder interviews), analysis of existing conditions, and initial design concepts for discussion with the City Council, Planning Commission and general public. While the initial land use, circulation and design concepts were well received, there was concern about the potential for increased traffic. In addition, there were several comments regarding trails, both multi- use and equestrian, and direction to further address trails in the plan.
Joint City Council/Planning Commission Study Session #2 A second study session was held with the City Council, Planning Commission and general public on June 1, 2023. The purpose of that study session was to review and discuss refined land use and circulation concepts, including trails, address concerns and questions about traffic congestion, and receive further input and direction before proceeding to prepare the Draft Pedley Town Center Plan. While no public comments were received, all members of the City Council and Planning Commission provided comments and direction to proceed with preparing the Draft Pedley Town Center Plan.
Input received included the following themes and topic areas:
• Overall, there was unified support for the Plan and for solidifying a vision for an identifiable and authentic town center.
• The plan will give Pedley the identity it truly deserves, and help foster the concept of the “15-minute city
1.”
• Capitalize on the Metrolink station and City Hall to bring people to Pedley. • In order to support a town center, we need to have population/houses.
1 A 15-minute city enables residents to access most daily amenities within a 15 to 20-minute walk, bike or other mode of transportation from any point in a city, town or village regardless of size. This approach aims to reduce car dependency, promote healthy and sustainable living, and improve wellbeing and quality of life. Implementing the 15- minute city concept requires a multi -disciplinary approach, involving transportation planning , urban design , and policymaking, to create well-designed public spaces, pedestrian-friendly streets, and mixed-use development.
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• This is a long -term vision that will require significant funding and the plan should address implementation and economic reality.
• Many improvements could be funded through new development. • Many improvements could be funded through potential development. • Ensure local business retention, and consider how to address more intensive uses in southern part of the Plan area and respect their historic contributions. • Need more public transportation, such as a trolley or micro-transit to bring people into Pedley from other parts of Jurupa Valley.
• Need more focus on public transit, including bus transit and stops. What would they look like in this multi -use road? How would bus stops be integrated into the design?
• Support for the focus on overall connectivity, and focus on equestrians. • Need horse trails from Mira Loma down to Pedley and south to the river, including safe crossing of Limonite. T he tunnel at Dodd Street is effective for c rossing Limonite with horses.
• Support for the idea of a bridge for pedestrians over Van Buren, which has been a division for some time. Claremont is an example of a big bridge over freeway that accommodates multi-modes and is landscaped beautifully. This connection is critical, should be a priority, would preferably accommodate horses. • Consider if an equestrian trail on north side of Limonite is feasible; a lot of people coming from Felspar wanting to cross and go to river.
• We need more public spaces to gather and larger “spaces of encounter.” See El Paso, Texas, town square as inspiration for cultural gathering space. We need to organize ourselves around a space where our community can gather. • Consider the effect of all planning and future development on the unhoused community.
• Support for paths, trails and trees that provide shade and cooling, as well as more benches and places to sit.
Joint City Council/Planning Commission Study Session #3 The purpose of tonight’s study session is to present and discuss the Draft Pedley Town Center Area Plan, with a focus on discussing the implementation strategies and recommendations, and land value economics related to Town Center planning efforts .
Chapter 3 of the Draft Pedley Town Center Area Plan outlines the first steps necessary to turn the priorities and vision of the Plan into a reality. This includes: updates to related policy and regulatory documents, such as the General Plan; district manag ement and financing, especially to improve and maintain infrastructure; creating strategic partnerships to make projects possible; and staff training, development, and relationships with consulting professionals. The Draft Pedley Town Center Area Plan was made available on the City website on October 19, 2023, for public review.
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Value per Acre Economic Analysis
One of the goals of the Pedley Town Center Area Plan, and the General Plan’s Town Center Overlays, is to create high value places that can support the City’s fiscal sustainability and resiliency. The General Plan envisions a future Jurupa Valley with a higher quality of life and more competitive economy. As such, the Pedley Town Center Area Plan and future Town Center planning efforts focus on promoting development patterns that secure the community’s fiscal condition while reinforcing a strong sense of place.
To supplement our understanding of land development patterns in Jurupa Valley and economic development, we engaged with Urban3, a consulting firm specializing in land value economics, property tax analysis, and community design. Their approach bridges the gap between economic analysis, public poli cy, and urban design; and is aimed at empowering communities with the ability to promote development patterns that both secure fiscal sustainability and create a strong sense of place.
Urban3 conducted a spatial economic analysis of the existing land uses citywide using a “value per acre” model. This analysis demonstrates how the way Jurupa Valley is built, drives the way it is funded. How the City is funded affects what types of services and infrastructure it can offer. By comparing property values per acre we can see an apples - to-apples to display of market trends and development opportunities, and explore the intersection of building design, land- use and tax production. Using clear images to demystify the tax system and comparisons from all over Inland E mpire, the presentation will open up meaningful conversations about community growth.
Using this value per acre analysis as a baseline, City staff and decision- makers can garner information about the development patterns in the community, leading to stronger decision-making about the proposed land use plan based on the public’s return on investment. It is sometimes assumed that budget problems can be solved by creating more growth, yet more growth in unproductive patterns –more cost than revenues –will only increase economic problems. This analysis and approach offers the opportunity to provide transparency regarding the productivity of growth and long -term obligations to create a healthy, sustainable fiscal future for Jurupa Valley.
The results of the visual analysis demonstrate the economic potency focused areas of activity (Town Centers) within the City, which can occur in minimal areas helping preserve the historically large lot, agricultural and equestrian lifestyle that many Jurupa Valley residents value. A wider model in the region demonstrates how active centers or nodes of denser mixed- use development can help the City maintain a high level of fiscal performance and create future focal points of activity for the community and region.
PUBLIC NOTICE
While not required by the Government Code or Jurupa Valley Municipal Code, the following actions were taken to provide public notice for this Study Session:
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Attachments:
1. Public Review Draft Pedley Town Center Plan (dated October 2023) on the City’s website:
https://www.jurupavalley.org/DocumentCenter/View/3213/Pedley_Area_Master_ Plan_PUBLIC_DRAFT_
AGENDA ITEM NO. 12.A
-1-
MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
October 19, 2023
1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
Mayor Chris Barajas called the closed session meeting to order at 5:33 p.m.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.
B. EMPLOYEE COMPENSATIO N NEGOTIATIONS - UNREPRESENTED EMPLOYEES. The City Council met in closed session pursuant to Government Code Section 54957.6 wit h the City's designated representatives regarding the salaries, salary schedules, and compensation paid in the form of fringe benefits of its unrepresented employees for the purpose of reviewing its position and instructing the City's designated representatives. Final action on these issues will take place in open session. The City’s designated representatives are: City Manager Rod Butler; Assistant City Manager Michael Flad; and Human Resources Manager Tanya Bragg.
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Application of Southern California Edison Company (U -238-E) for a Certificate of Public Convenience and Necessity to Construct the Riverside Transmission Reliability Project, California Public Utilities Commission Case No.
A.15-04-013.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 5930 Etiwanda Avenue, Jurupa Valley CA. The negotiating parties are the City of Jurupa Valley and the property owner, New Hope Transport. Negotiators for the City are Rod Butler, and Michael Flad. Under negotiations are price and terms of the acquisition of the property.
RETURN TO AGENDA
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3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
The City Attorney provided the following report on closed session:
With respect to Item 2.B on the closed session, the employee compensation negotiations, there is no action to report.
Second, on Item 2.C which is the Southern California Edison Pe tition for the Riverside Transmission Reliability Project, the City Council, by a vote of 5 -0, directed the City Attorney to file a response to the CPUC proceeding filed by the City of Norco to reopen the Decision and the direction was to protect the Decision of the CPUC regarding the undergrounding of the RTRP Lines within the City of Jurupa Valley and protect the interests of the City of Jurupa Valley, but not oppose the Norco Petition.
Then third, with respect to Item 2.D, the real property negotiations, Council Member Silva did not participate because there was a question as to whether his property that he owns was located close to this proceeding, so he will review that, but he did not participate in the discussion and was not in the room where the discussion was held. No action to report.
4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
Mayor Chris Barajas called the regular meeting to order at 7:27 p.m.
5. INVOCATION was given by Deacon Julian Escobar from Calvary Chapel Jurupa Valley.
6. PLEDGE OF ALLEGIANCE was led by Mayor Chris Barajas.
7. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Leslie Altamirano, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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8. PRESENTATIONS
A. NATIONAL PREPAREDNES S MONTH – PRESENTED B Y BRICE
BARTLETTE, EMERGENCY SERVICES COORDINATOR
Brice Bartlette, Emergency Services Coordinator gave an update on National Preparedness Month, noting the importance of preparedness, which is to get educated, formulate a plan, build a kit, and get involved.
B. JURUPA ROAD GRADE SEPARATION PROJECT – PRESENTED BY
MARK LANCASTER, DIRECTOR OF TRANSPORTATION, COUNTY OF
RIVERSIDE TRANSPORTATION DEPARTMENT
Mark Lancaster, Director of Transportation, County of Riverside, provided a project overview of the Jurupa Road Grade Separation Project and responded to Council’s questions. He offered to present an update every six months.
9. PUBLIC APPEARANCE/COMMENTS
George Ruiz voiced his ideas and concerns for some of the landscaping areas of the City, specifically, the landscaping on Mission Boulevard in the Rubidoux area and along Limonite Avenue. He also asked that something be done to address the numerous homeless individuals who are visible along Mission Boulevard.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Mayor Chris Barajas discussed the current CFD’s in the City, which are intended to cover the cost of lighting, maintenance and l andscaping areas. He stated that due to the age of some of the CFD’s there is not sufficient funding to properly maintain the areas as they did not include sufficient cost escalators. He indicated that Staff is looking into how this issue can be addressed in the long term. He discussed the new CARE Act, which was supported by many Inland Empire mayors that will soon be implemented throughout Riverside County. This is meant to address and treat those with severe mental health disorders by allowing the court to order behavioral health treatment and other mental health resources.
He discussed his advocacy of SB43 , which will repeal sections of the Lanterman Act, which revisits how a conservatorship will work and will expand the ability to involuntary commit people to psychiatric facilities for behavioral health or substance abuse reasons.
Mayor Pro Tem Guillermo Silva announced that the second annual Dia de los Muertos will take place Saturday, October 21 at Rancho Jurupa Regional Park. He encouraged citizens to continue to report items of concern through the myjurupavalley mobile application as it is easy to use and ensures a timely response by City staff. He announced that Sky Country Elementary School will host their annual Fall Festival on Wednesday, November 1, 2023 from 4:00 – 8:00 pm.
-4-
Council Member Leslie Altamirano echoed Mayor Pro Tem Silva’s comments, stating that residents should use the tools that are available to report illegal and other concerns through the myjurupavalley mobile application as they are the “eyes and ears of the community.” She announced that the Opal Car Wash will host their second annual “Car Wash of Horror” on October 30 -31, 2023 from 6:00 - 9:00 pm. She encouraged residents to take their children to some of the local Trunk or Treat events, which provides an easy and safe place to enjoy Halloween.
Council Member Armando Carmona agreed that the myjurupavalley mobile application is very useful. He thanked Lieutenant Shulda and the Riverside County Sheriff’s Department for working on the illegal dumping issue s. He encouraged residents who see this type of activity to report it. He thanked the members of Fire Station 17 for hosting a tour of the facility and a ride along which showed him the amazing work the firefighters are doing in the community. He recognized the parents at Mira Loma Middle School for supporting the Watch D.O.G.S. national initiative that provides positive male role models for students and demonstrates that education is important . They are encouraging male parents to get involved in this mentoring program. He recognized the Riverside County Regional Park and Open-Space District and the Tree Experts who helped with the community clean up event last week. He announced a community clean up event at Downey Park will be held on Saturday, November 4 th from 7:00 am to 10:00 am. He complimented The Industry Barber for hosting several Halloween Trunk or Treat events, which gives an opportunity for local Trick or Treaters to stay safe th is Halloween. He expressed his view that developers have failed this state by not building affordable housing. He stated that he will continue to advocate for affordable housing.
Council Member Brian Berkson wished his wife a Happy Birthday. He encourag ed residents to enjoy a safe and enjoyable Halloween.
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – Administration & Finance Committee meeting of October 11, 2023.
2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – I-REN Executive Committee meeting of October 17, 2023.
B. MAYOR PRO TEM GUILLERMO SILVA
1. Mayor Pro Tem Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of October 19, 2023. -5-
C. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of October 11, 2023.
2. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of October 12, 2023.
3. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of October 13, 2023.
4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Annual Workshop of October 19, 2023.
12. CITY MANAGER’S UPDATE
City Manager Rod Butler congratulated Mayra Jackson and Jose Cuellar who were recently selected as Chair and Vice Chair of the Public Works Advisory Committee for the 2023 - 24 Calendar Year. Mr. Butler reviewed the proposed holiday schedule, which includes the cancelation of the January 4, 2024 Council meeting.
13. SHERIFF’S DEPARTMENT UPDATE
Lieutenant John Shulda gave an overview of the City’s Noise Ordinance, including the history, implementation and results. He reported that between May 2022 thr ough May 2023, the RSO received 2,472 noise complaints. These calls are a quality of life issue for many residents. Due to the large number of complaints, additional City funding was requested to address these quality of life issues. Lieutenant Shulda hi ghlighted JVMC Section 11.05.060C, which prohibits noise amplifying equipment and loud music between the hours of 10:00 pm – 8:00 am. Lieutenant Shulda provided additional information and responded to Council’s questions.
14. APPROVAL OF MINUTES
A. OCTOBER 5, 2023 REGULAR MEETING
A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Guillermo Silva, to approve the Minutes of the October 5, 2023 meeting.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
-6-
15. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
JURUPA VALLEY AND CI VICA LAW GROUP, APC, FOR ON -CALL
LEGAL SERVICES
Requested Action: That the C ity Council approve the First Amendment to the Agreement between the City of Jurupa Valley and Civica Law Group, APC (CIVICA) for On-Call Legal Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
C. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. FOR THE
DISTRICT AT JURUPA VALLEY PROJECT
Requested Action: That the City Council authorize the Cit y Manager to execute the Second Amendment to an Agreement with RSG, Inc. for professional services for the District at Jurupa Valley project.
D. ACCEPTANCE OF OFFERS OF DEDICATION FOR PUBLIC ROAD AND
DRAINAGE PURPOSES (AGUA MANSA COMMERCE PHASE II, LLC A
DELAWARE LIMITED LIABILITY COMPNAY)
1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and drainage purposes including public utility and public services purposes over the area as shown on Exhibit B o f DED23-003.
2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED23-003.
E. ADOPTION OF THE CITY OF JURUPA VALLEY LOCAL HAZARD
MITIGATION PLAN ANNEX AS REQUIRED BY THE FEDERAL
DISASTER MITIGATION ACT OF 2000
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Requested Action: That the City Council adopt Resolution No. 2023-83, entitled:
A RESOLUTION OF THE CITY COUNCIL ADOPTING THE CITY OF
JURUPA VALLEY'S LOCAL HAZARD MITIGATION PLAN (LHMP)
AND AUTHORIZING THE PLAN TO ANNEX INTO THE RIVERSIDE
COUNTY OPE RATIONAL AREA MULTI -JURISDICTIONAL LOCAL
HAZARD MITIGATION PLAN (MJLHMP) 2023 TO MEET THE
REQUIREMENTS OF THE DISASTER MITIGATION ACT OF 2000
F. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH URBAN3, INC., FOR
ECONOMIC ANALYSIS FOR THE CITY OF JURUPA VALLEY –
REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION
Requested Action: That the City Council authorize the City Manager to execute the First Amendment to an Agreement with Urban3, Inc. for professional services for an economic analysis for the City of Jurupa Valley.
G. APPROVAL OF A DIGITAL DISPLAY AGREEMENT AND AN AERIAL
ENCROACHMENT EASEMENT AGREEMENT WITH GALLEANO
FAMILY TRUST AND GEORGIOS, LLC FOR THE PROPERTY
LOCATED AT 11347 RIVERSIDE DRIVE AND ADJACENT RIGHT OF
WAY FOR A DIGITAL DISPLAY
Requested Action: That the City Council adopt Resolution No. 2023 -84, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING A DIGITAL DISPLAY AGREEMENT AND AN
AERIAL ENCROACHMENT EASEMENT AGREEMENT PURSUANT TO
JURUPA VALLEY MUNICIPAL CODE SECTION 9.245.030.I WITH
GALLEANO FAMILY TRUST AND GEORGIOS, LLC, FOR THE
CONSTRUCTION OF A DIGITAL DISPLAY PURSUANT TO SECTION
9.245.030.I OF THE JURUPA VALLEY MUNICIPAL CODE FOR THE PROPERTY AT 11347 RIV ERSIDE DRIVE AND ADJACENT CITY
RIGHT OF WAY AND FINDING THE ACTIONS EXEMPT FROM CEQA
UNDER SECTION 15061 AND 15304 OF THE CEQA GUIDELINES
City Attorney Peter Thorson announced that Council Member Altamirano will not be participating on Item 15.C. This is the amendment to the RSG Agreement for economic analysis of the District. This is based on the FPPC Opinion that advised her that the Project could have a material financial effect on her property. She does not need to leave the dais if it stays on the Consent Calendar, but if someone wants to pull it from the Consent Calendar, she will need to leave the dais and the Council Chamber.
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A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson, to approve the Consent Calendar, with the exception of Item No. 15.F, which was removed for further discussion.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
16. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
15.F CONSIDERATION AND APPROVAL OF AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH URBAN3, INC., FOR
ECONOMIC ANALYSIS FOR THE CITY OF JURUPA VALLEY –
REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION
Council Member Armando Carmona requested that Item 15.F be removed from the Consent Calendar for further discussion.
Joe Perez, Community Development Director provided additional information and responded to Council’s questions.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson , to authorize the City Manager to execute the First Amendment to an Agreement with Urban3, Inc. for professional services for an economic analysis for the City of Jurupa Valley.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
17. PUBLIC HEARINGS
18. COUNCIL BUSINESS
A. INITIATION OF THE PROCESS TO REPEAL THE MISSION DE ANZA SPECIFIC PLAN (SP123) APPLICABLE TO AN AREA ENCOMPASSING APPROXIMATELY 1,100 ACRES GENERALLY LOCATED WEST OF
THE JENSEN-ALVARADO RANCH, EAST OF PEDLEY ROAD AND
NORTH OF THE SANTA ANA RIVER
Roberto Gonzalez, Senior Planner, presen ted the staff report. Mr. Gonzalez reported that the Mission De Anza Specific Plan was first adopted by the County of Riverside in 1974. It was implemented when most of the area was vacant and undeveloped land. Several amendments have been made over the years. Mr. -9-
Gonzalez explained some of the challenges with older specific plans. He outlined the initiation process, which originally began in 2016.
Further discussion followed.
Josh Steffy explained that many of his questions were answered during the S taff presentation. He questioned when property owners would be notified of any zone changes.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to reconfirm 2016 initiation of the repeal of Mission de Anza Specific Plan No. 123, and, if reconfirmed, initiate the process to repeal the Mission de Anza Specific Plan; and initiate a General Plan Amendment and a Change of Zone for the Mission de Anza Specific Plan No. 123 area.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
B. DISCUSSION AND APPROVAL OF NEW JURUPA VALLEY BRAND
IDENTITY AND LOGO
Michael Flad, Assistant City Manager, presented the staff report. He outlined what the City is looking for in a logo. He gave an overview of the branding process, which included stakeholder meetings, preliminary options, and final options.
Following discussion, the City Council by consensus, received, discussed and filed a presentation of Jurupa Valley brand identity concepts and provide d direction to staff related to the new Jurupa Valley brand identity and logo.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
19. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
Council Member Brian Berkson asked for a recap of completed road improvements that could be shared with the community.
20. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
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21. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Armando Carmona asked for an update from City staff regarding stop signs and traffic safety at 63rd and Corey, and on Rutile.
22. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 10:02 p.m.
The next meeting of the Jurupa Valley City Council will be held November 2, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
120
STAFF REPORT
DATE: NOVEMBER 2, 2023
TO: HO
NORABLE MAYOR AND CITY COUNCIL
FR
OM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 13.B
CHECK RE
GISTERS
RECO
MMENDATION
Th
at the City Council ratify the check registers dated September 28, and October 5, 13, and 29, 2023 as well as the payroll register s dated September 29, 30 and October 13, 2023.
Th
e City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2023-24 Budget was adopted on June 1 5, 2023. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
ANAL
YSIS
Al
l expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated September 5, 2023 includes an $18,250.00 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.
OT
HER INFORMATION
None.
FI
NANCIAL IMPACT
Ch
eck registers:
09/2
8/2023 $ 1,965,632.41
10/05/2023 $ 1,079,227.04
10/12/2023 $ 2,900,591.38
10/19/2023 $ 397,812.69
RETURN TO AGENDA
Page | 1
120
STAFF REPORT
DATE: NOVEMBER 2, 2023
TO: HO
NORABLE MAYOR AND CITY COUNCIL
FR
OM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 13.C
SU
MMARY VACATION OF AN EASEMENT FOR PUBLIC ROAD AND
DRAINAGE PURPOSES, SOUTH OF UNION PACIFIC RAILROAD
TRACKS AT 8884 JURUPA ROAD
RECO
MMENDATION
1) Tha
t the City Council adopt Resolution No. 2023-85, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN
EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING
PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES LOCATED
GENERALLY SOUTH OF THE UNION PACIFIC RAILROAD TRACKS AT 8884 JURUPA ROAD PURSUANT TO THE PROVISIONS OF CHAPTER 4, PART 3 OF DIVISION 9 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
BACKGROUND
On D
ecember 31, 2021, the City received an application from Mr. Yoshio Ohno, owner of the property located at 8884 Jurupa Road. The request was for the vacation of a portion of street identified as Jurupa Road that is located south of the Union Pacific Rail road (UPRR) tracks on his property. That portion of street was dedicated as an easement for public road and drainage purposes, including public utility and public services purposes by Instrument No. 83620 recorded March 7, 1990.
Other portions of Jurupa Road on the south side of UPRR tracks are not being proposed to be vacated at this time but will be consider upon property owner(s) request(s).
A legislative body may vacate a portion of a street by adhering to all of the regulations set by the California Streets and Highway Code (SHC) . Chapter 4 of the SHC provides information and requirements for a legislative body to process a Summary Vacation,
RETURN TO AGENDA
Page | 2
which includes the adoption of a Resolution of Vacation identifying compliance with the SHC, the designation of the street proposed to be vacated and description, the facts under which the summary vacation is made, and vacation date effectiveness.
The SHSC requires the City Clerk to cause a certified copy of the Resolution of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the office of the R ecorder of the County of Riverside. After the recordation, the vacation is considered complete.
ANALYSIS
J
urupa Road, south of the UPRR tracks, is considered a local road and is not shown on the City’s General Plan Circulation Element.
The applicant and owner submitted to the City a legal description and plat for that portion of street requested for vacation. Staff has reviewed the application and documents related to the proposed vacation and finds then in compliance with the provisions of Chapter 4, part 3 of Division 9 of the California Streets and Highways Code and local ordinances.
The following was identified in compliance with SHC Section 8330, 8331, and the requirements for a Summary Vacation:
• The portion of Jurupa Road proposed for vacation is not being used for street purposes. Jurupa Road was improved north of the UPRR. [Section 8330 (a)] • No properties will be land locked or affected if the vacation is approved. [Section 8330 (b)(1)]
• No public utilities have been installed or/are planned to be installed within the portion of land. [Section 8330 (b)(1)]
• For a period of five consecutive years, that portion of Jurupa Road has not been used for general public vehicular access. The owner of the property has been the sole vehicular user of the portion of land. [Section 8331 (a)] • That portion of street has not been improved and therefore, no public money was expended for maintenance of the street. [Section 8331 (b)] In
anticipation of the approval of the vacation, staff prepared Resolution 2023-85 as required by the California Streets and Highways Code. Approval of the vacation will end the City’s rights over the property for street purposes; the portion of land will remain under underlying property ownership.
F
ISCAL IMPACT
Th
ere is no anticipated impact to the General Fund. Since the street is not built, there are currently no annual expenses for the maintenance and operation of this portion of street.
The applicant provided a deposit under City record VAC21-001 to cover staff time for the review and processing of the proposed vacation.
Page | 3
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
Page | 5
ATTACHMENT 1
RESOLUTION OF VACATION
-1-
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City Clerk
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509-5183
EXEMPT FROM RECORDING FEE PER GOVT. CODE § 6103
RESOLUTION NO. 2023-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, ORDE RING THE
SUMMARY VACATION OF AN EASEMENT FOR
PUBLIC ROAD AND DRAINAGE PURPOSES,
INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES
PURPOSES LOCATED GENERALLY SOUTH OF THE
UNION PACIFIC RAILROAD TRACKS AT 8884 JURUPA
ROAD PURSUANT TO THE PROVISIONS OF CHAPTER
4 P ART 3 OF DIVISION 9 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Jurupa Valley does hereby find , determine, and declare that:
A. The County of Riverside acquired an easement for public road and drainage purposes, including public utility and public services purposes, by instrument No. 83620 recorded March 7, 1990 in the Official Records of the County of Riverside, consisting of the south side of Jurupa Road south of the Union Pacific Railroad tracks at 8884 Jurupa Road as described in Attachment “A” attached hereto (“Street Right of Way).” The City succeeded to the interests of the County in the Street Right of Way upon the City’s incorporation on July 1, 2011.
B. The City Council of the City of Jurupa Valley may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (state of California Streets & Highways Code, Sections 8300 et. seq.); and
C. The summary vacation proceedings are to be conducted pursuant to the provisions in Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code, Sections 8330 to 8336; and -2-
C. Pursuant to section 8330 and 8331 of the California Streets & Highways Code, the summary vacation requirements for the Street Right of Way have been met.
Section 2. The City Council o f the City of Jurupa Valley hereby orders the summary vacation of that portion of the City’s street right of way on the south side of Jurupa Road south of the Union Pacific Railroad tracks as described in Attachment “A” attached hereto and incorporated herein by this reference as though set forth in full (“Street Right of Way”).
Section 3. A public hearing is not required and the use of a summary proceeding is allowed for the vacation of the Street Right of Way by having met the requirements specified in California Streets & Highways Code Section 8330 to 8336:
A. The Right of Way has been superseded by relocation on the north side of the Union Pacific Railroad tracks. California Streets & Highways Code Section 8330(a) authorizes the use of the summary abandonment procedure.
B. The vacation of the Right of Way wil l not result in any parcels being landlocked.
C. The vacation of the Right of Way will not affect any public service easements.
D. Furthermore, the Right of Way to be vacated is has been impassable for the general public vehicular travel. California Street s & Highways Code Section 8331(a) authorizes the use of the summary abandonment procedure.
E. Separately and in addition to the provisions stated above, no public money was expended for maintenance on the Right of Way for a street for a period greater than five consecutive years. California Streets & Highways Code Section 8331(b) authorizes the use of the summary abandonment procedure.
Section 4. The vacation and abandonment of the Street Right of Way shall become effective the date this Resolution of Vacation is recorded.
Section 5. The City Council directs the City Manager to reconvey the Right of Way to the current owner pursuant to California Government Code Section 66477.5 (c) , to the extent required by law.
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Section 6. The City Clerk is directed to cause a certified copy of this Resolution of Vacation to be recorded in the office of the Recorder of the County of Riverside, California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 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, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-85 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
LEGAL DESCRIPTION AND PLAT OF RIGHT OF WAY TO BE VACATED
Page | 1
120
STAFF REPORT
DATE: N OVEMBER 2, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 13.D
T
HIRD AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN RYAN FOR
AMERICAN RESCUE PLAN ACT ADMINISTRATIVE SERVICES AND
PROJECT MANAGEMENT
RE
COMMENDATION
T
hat the City Council approve the Third Amendment to agreement between the City of Jurupa Valley and Kevin Ryan for American Rescue Plan Act (ARPA) administrative consulting and project management services and authorize the City Manager to execute the Second Amendment in substantially the form and format attached and as approved by the City Attorney.
B
ACKGROUND
O
n March 21, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. The $1.9 trillion package is intended to directly combat the COVID-19 pandemic and the resulting economic impacts. ARPA allocates $350 billion towards the State and Local Fiscal Recovery Fund (SLFRF) as fiscal relief for the state and local governments.
T
he U.S. Department of Treasury issued an Interim Final Rule implementing the SLFRF program on May 10, 2021, which allowed the disbursement of funds to begin. The Interim Final Rule underwent several changes to the provisions and resulted in significant changes, which allow for greater flexibility in the use of funds. The Final Rule was published on January 27, 2022, and became effective April 1, 2022.
T
o assist the City of Jurupa Valley with the ARPA program the City Manager entered into a Professional Services Agreement for Consulting Services with Kevin Ryan, on March 8, 2022. Subsequent Amendments extended the original contract through December 31, 2023. The table below shows the annual contract amounts by calendar year:
RETURN TO AGENDA
Page | 2
Original Agreement and
First Amendment
March 8, 2022 -December
31, 2022
$110,500
Second Amendment January 1, 2023-December
31, 2023
$124,800
ANALYSIS
The City of Jurupa Valley’s ARPA grant amount is approximately $28 million, which was distributed in two installments. The first payment in the amount of $14 million was received from the U.S. Department of Treasury in November of 2021 and the remaining funds were received in October of 2022. On August 18, 2022, the City Council approved the City of Jurupa Valley’s $28 Million ARPA Expenditure Plan.
The City Council Approved ARPA Expenditure Plan includes:
Roadway Deferred Maintenance & Infrastructure Deficit Improvement Program $20 Mil • Street, Curb and Gutter and Sidewalk Improvements
• City Wide ADA Assessment
Broadband Matching Funds $2.5 Mil
City Facility Pathogen Prevention Improvements $2.8 Mil • HVAC Replacement (HEPA+Germicidal)
• Sanitary Touch Free Restrooms
• Emergency Back-up Power
• Energy Saving upgrades
• Contactless Service Delivery Infrastructure
Housing Crisis Mitigation $1.2 Mil
• Affordable Housing Assistance
• Services for Unhoused Persons
• Crisis Stabilization Units
Direct Resident Assistance $1 Mil
• Jurupa Community Services District-Rate Payback/Assistance Program • Rubidoux Community Services District-Rate Payback/Assistance Program
Local Economic Assistance Program (LEAP)-Assistance to Businesses $0 .5 Mil • Revenue Replacement
• Job Retention
• Job Creation
Total $28.0 Mil
Page | 3
With the approval of more than $25,000,000 in total ARPA obligations by the City Council for projects that incl ude the Crisis Stabilization Housing Unit Program, the Local Economic Assistance Program , the Government Experience Cloud project , the Energy Efficiency Program, Citywide ADA Assessment, and the Deferred Maintenance Program, the res ponsibilities to manage and properly track and report on these projects have become extensive. These responsibilities will continue to increase with the upcoming approval of the Direct Residence Assistance Program.
Because of the increased work load and due to the importance of the ARPA Program and based on the performance of the services provided thus far , staff is recommending the City Council approve Amendment No. 3 to the Professional Services Agreement with Kevin Ryan, for continuing ARPA Program Administration as well as project management.
Amendment No. 3 will extend the terms of the contract to December 31, 2025.
The proposed Third Amendment would extend the current contract through December 31, 2025; the annual breakdown is as follows:
Third Amendment January 1, 2024-December
31, 2024
$132,480
Third Amendment January 1, 2025-December
31, 2025
$144,000
FINANCIAL IMPACT
There is no General Fund impact as a result of this recommended action. All costs associated with the administration of ARPA funds are an eligible ARPA expense, have been included in the City Council adopted ARPA Expenditure Plan, and charged to ARPA Program Account 252-2527-80701. This agreement is not to exceed $276,480.
ALTERNATIVES
1. Provide alternate direction to staff to provide the overview of the ARPA Program.
2. Do not approve the Agreement between the City of Jurupa Valley and Kevin Ryan for providing ARPA Program administrative services.
*************************SIGNATURES ON FOLLOWING PAGE **************************
Page | 1
($388, 479120
STAFF REPORT
DATE: NOVEMBER 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 13.E
APPROVAL OF FOURTH AMENDMENT TO AGREEME NT WITH
FIRSTCARBON SOLUTION S CORPORATION FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
PROPOSED “ RIO VISTA SPECIFIC PLAN ” PROJECT, ( CASE
NUMBER: MA16045), (APPLICANT: RICHLAND COMMUNITIES)
RECOMMENDATION
That the City Council authorize the City Manager to execute the Fourth Amendment to the Agreement with First Carbon Solutions Corporation for the preparation of an Environmental Impact Report (EIR) for the proposed “Rio Vista Specific Plan” project in an amount not to exceed $425,860, to be funded entirely by the applicant ’s advance deposit sufficient to cover the EIR administrative costs.
BACKGROUND
On July 21, 201 6, the City Council approved an agreement between the City and FirstCarbon Solutions for consultant services for the preparation of an Environmental Impact Report for the proposed Rio Vista Specific Plan, a project proposed by Richland Communities. The original Agreement amount for the scope of services is $172,249.
On April 4, 2019, the City Council approved a First Amendment to the Agreement for additional studies and additional tasks in the amount of $10,250.
In February of 2021, Richland Communities submitted a revised land use plan that added industrial and busin ess parkland uses to the Specific Plan , which required a Second Amendment to the Agreement to cover the additional scope of work. On June 7, 2021, the City Council approved a Second Amendment to the agreement in the amount of $147,180, bringing the total contract amount to $329,679.
RETURN TO AGENDA
Page | 2
On June 16, 2022, the City Council approved a third amendment for $83,635.00 plus a $12,546 contingency for a total of $425,860. This amount was needed due to expanded scope and additional biological technical studies related to the Palmer Oak tree.
ANALYSIS
FirstCarbon Solutions is requesting a Fourth amendment to the Rio Vista Specific Plan EIR contract for two principal reasons:
1. Increased coordination and complexity of the proposed project:
Since the project was originally scoped and budgeted, the level of coordination among team members and the complexity of the project increased.
2. Number of review cycles:
FirstCarbon Solutions’ scope included an administrative draft EIR, a second administrative draft EIR, and a public review draft EIR. However, two additional rounds of review (Third and Fourth Drafts) were needed.
See Exhibit A-4 of Attachment 1 (Fourth Amendment to FirstCarbon Solutions Corporation Agreement for Rio Vista Specific Plan EIR ) for details of the additional scope of services. The cost of the services to be provided by FirstCarbon Solutions Corporation under the Fourth Amendment is $69,800, bringing the total contract amount to $495,660.
STATUS OF PROJECT
The City is completing the review of the Specific Plan and subdivision maps, and preparing for public hearings. The Project EIR was posted on October 18, 2023 for the required 45-day public review period. The Project is tentatively scheduled for a Planning Commission public hearing in late November 2023 and a City Council public hearing in late December 2023.
FINANCIAL IMPACT
The proposed Fourth Amendment augmented cost of $69,800 will have no effect on City costs or revenues. Full cost recovery will occur inasmuch as the City will require the applicant to deposit the total contract value with the City prior to the commencement of work. The applicant is aware of the proposed Fourth Amendment and has agreed to deposit the necessary funds to cover the additional work.
ALTERNATIVES
1. Decline to authorize the City Manager to execute the contract amendment for the EIR and give appropriate direction; (No action, maintaining the status quo)
2. Defer action and request additional information.
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Cover Letter
October 17, 2023
Jim Pechous
Principal Planner
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subject: Requested Amendment for Rio Vista Specific Plan EIR, Jurupa Valley, California Dear Jim:
As mentioned previously, FirstCarbon Solutions (FCS) is submitting the enclosed Amendment Request to replenish funds and cover additional labor costs for completing the preparation of the Draft Environmental Impact Report (Draft EIR) for the Rio Vista Specific Plan Project.
Please do not hesitate to reach out to me with any questions.
I can be reached at any time at 925.200.1656 or via email at [email protected].
Sincerely,
Jason Brandman, Vice President
FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
1 Budget Augment
Request
BACKGROUND AND HISTORY
Table 1 below summarizes the history of FCS submittals and City reviews of the Administrative Draft Environmental Impact Report (EIR) for the Rio Vista Specific Plan (proposed project). FCS’s current Scope of Work for the EIR includes two rounds of review (Administrative Draft and Second Administrative Draft), as well as a “Public Review” Draft that was intended to serve as a Proof Check Draft prior to circulation, rather than a more comprehensive Draft to be reviewed. To that end, as shown in the table below, two additional rounds of review were required, as well as a summary of City comments and responses/actions (see Comment Matrix below).
Finally, additional Project Management funds are being requested, based on the protracted schedule (e.g., current anticipated hearings to be in mid-2022), increased coordination and complexity of the effort, and to ensure FCS Project Director and Project Manager have the resources necessary to usher the project through completion.
Table 1: Administrative Draft EIR Deliverables and City Responses Document Stage Components Delivered by FCS to City City Responses Administrative Draft 3/16/2022 – 6/16/2022
- FCS delivered a total of 26 Draft
EIR components to the City
during this date range. These
include all 20 topical sections as
well as additional components
such as Introduction, Project
Description, etc.
- 12 of 20 topical section, as well
as additional Administrative
Draft EIR components, were
delivered on 3/16/22.
8/15/2022 – 9/27/2022
- The City provided comments on
21 of 26 Administrative Draft EIR
components during this date
range.
- City comments included 18 of 20
topical sections. Comments
were not provided for the
Cultural Resources and the
Tribal Cultural Resources
sections.
Second Administrative Draft 9/20/2022 – 10/11/2022
- FCS delivered a total of 23
Second Administrative Draft EIR
components to the City during
this date range.
- These included all 21
components returned by the
City, as well as the Executive
Summary and the Alternative
Analysis.
10/17/2022 – 11/18/2022
- The City provided comments on
21 of 23 Second Administrative
Draft EIR components during
this date range.
- The City did not provide
comments on the Executive
Summary and the Alternative
Analysis.
“Public Review” Draft EIR1
Third Draft
10/19/2022 – 11/11/2022
- FCS delivered a total of 21 Public
Review Draft EIR (Third Draft)
- City consolidated comments on
the Third Draft were not
received.
2 Budget Augment
Request
Document Stage Components Delivered by FCS to City City Responses components to the City during
this date range.
- The applicant team provided
comments on 11 Public Review
Draft EIR (Third Draft)
components: Project Description
and 10 topical sections.
Fourth Draft
3/3/2023 – 3/31/2023
- FCS delivered responses to the
applicant team’s comments on
10 Fourth Draft components.
The two remaining sections
(GHG was delivered to the City
on 6/23/2023); Transportation,
will be returned to the City as
part of the Proof Check review
after incorporating the revised
VMT report.
October 2023
- As listed under Task 2 below,
there are several outstanding
tasks for completion of the
Fourth Draft.
8/2/2023
- On 8/2/2023, the City provided
final comments on 17 Fourth
Draft components (of a total of
28 components) from the third
and fourth review stages: PD,
Environmental Impact Analysis,
and 15 topical sections.
- The 114 comments were not
provided in the Word files,
rather as a table without clear
identification of paragraphs to
which the comments refer.
- In providing the comments, the
City noted that internal City
clarification is pending on
several comments.
Comments Matrix
8/2/2023 – 9/22/2023
- During the 8/31/2023 Project
Team Call, it was determined
that the City will review the list
of comments and identify those
that FCS is to address vs. those
that the City needs to resolve.
- During a phone call on 9/6/2023
between FCS Project Director
and the City’s CEQA Specialist,
the City requested FCS to
provide a Comments Matrix
providing separation between
the City comments that require
FCS response (and identify the
edits/revisions required) and the
comments that require City
input (and identify the City input
needed).
- FCS provided the Comments
Matrix to the City on 9/22/2023.
9/25/2023 – 9/26/2023
- On 9/25/2023 the City returned
the Comments Matrix with
conclusions on approximately
half the comments: accepting
FCS resolution or identifying
items for City resolution.
- On a 9/26/2023 phone call
between FCS Project Manager
and the City’s CEQA Specialist, it
was determined that FCS will
provide “clean” Proof Check
versions of the Draft EIR
components for which the City
resolved comments, and that
the City will finish reviewing FCS
suggested comment resolutions.
- The City to provide resolution
for all the comments and FCS
responses provided in the
Comments Matrix.
3 Budget Augment
Request
Document Stage Components Delivered by FCS to City City Responses Proof Check Draft
(Public Review Draft)
Following the phone call with the
City on 9/26/2023, FCS is in the
process of finalizing sections for
which the City resolved all
comments.
FCS assumes the following:
- The City will provide
resolution for all
remaining comments.
- The City will resolve all
items flagged as “City to
resolve.”
FCS deliverable for this task would
include clean Word files, a
compiled PDF with exhibits, and all
appendices provided separately in
PDF format.
Pending delivery of the Proof
Check Draft, the City conducted a
focused review, concentrating on
items that were identified in
previous rounds of reviews as
needing revisions,
PENDING: Circulation for Public
Review and Comments
Following City approval of the
Proof Check Draft EIR, FCS will
finalize the Draft EIR and upload to
the State Clearinghouse.
The City will be responsible for
Noticing.
Two key factors have contributed to the need for the additional funds requested here:
1. Increased coordination and complexity of the proposed project Since the project was originally scoped and budgeted by FCS, initially in May 2016 and again to “re-start” in August 2021, the level of coordination among team members and the complexity of the project increased.
2. Number of review cycles
FCS budgeted for an Administrative Draft EIR, Second Administrative Draft EIR, and Public Review Draft EIR. However, two additional rounds of review (Third and Fourth Drafts) were needed. In addition, FCS was tasked with providing a Comments Matrix that differentiates between comments that need to be addressed by FCS, comments that do not require edits or revisions, and comments that require City input. The list below summarizes the various document stages along with their budget status. Details of work completed under each stage is provided in Table 1, above.
1. Administrative Draft. Budgeted and invoiced in full.
2. Second Administrative Draft. Budgeted and invoiced in full.
4 Budget Augment
Request
3. Third Draft. Not scoped or budgeted. Invoiced against the “Public Review” Draft task. Note that preparation of a Third Draft required more resources than a preparation of a “Public Review” Draft, resulting in a budget deficit.
4. Fourth Draft. Not scoped or budgeted. A portion of the work conducted was invoiced, with City approval, against the remaining Contingency budget. Remaining accrued labor cost were not invoiced and is part of this augment request.
5. Comments Matrix. Not scoped or budgeted. Not invoiced and included in this augment request.
6. Proof Check. The budget for the Proof Check Draft EIR (referred to in FCS’s existing contract as “Public Review” Draft) was exhausted by preparation of the Third Draft, necessitating additional budget.
7. Circulation of Draft EIR. Scoped and budgeted.
Scope of Work
Task 1: Third Draft EIR
As discussed above, the “Public Review” Draft actually served as a Third Draft, providing detailed updates and responses to City comments on the Second Administrative Draft EIR. This level of effort was not anticipated.
This task required an additional 85 hours of staff time.
Task 2: Fourth Draft EIR
In an effort to advance EIR sections and facilitate the release of the Draft EIR, FCS addressed comments provided by the applicant team on numerous sections. Furthermore, in response to the applicant team’s comment, FCS undertook several tasks not previously budgeted, including but not limited to the following:
1. Revised multiple sections to incorporate data provided in the revised traffic studies dated April 24, 2023: Vehicle Miles Traveled (VMT) Analysis. This task also required remodeling of potential noise impacts. Please note that FCS already incorporated data provided in the reports dated January 27, 2023: VMT Analysis and Supplemental VMT Analysis (for trucks).
2. Addressed the California Air Resources Board (ARB) 2022 Scoping Plan Update, which was not available when FCS prepared earlier Draft EIR sections.
3. Addressed the Visual Simulations provided by the applicant after the Third Draft was provided to the City.
4. Incorporated information and data provided in the Evacuation Analysis for the Rio Vista Specific Plan Project dated March 29, 2023.
5 Budget Augment
Request
Comments Matrix
The City provided its final comments on 17 Draft EIR components as a numbered list in a Word document. In response to this format, and at the request of the City, FCS prepared a Comments Matrix that included all the City’s final comments and provided suggested edits/revisions, if needed, as well as identified items requiring City input. As part of this process, FCS also made those revisions in response to final comments identified in the matrix to be FCS’s responsibility.
Summary
Additional Fourth Draft tasks include the following:
1. Address City comments on sections for which City comments (Fourth Draft) or final comments (Comments Matrix) were not yet provided:
- Title Page
- Executive Summary
- Introduction
- Cultural Resources
- Energy
- Greenhouse Gas Emissions
- Hazards and Hazardous Materials
- Tribal Cultural Resources
- Other CEQA Considerations
- Alternatives
- Persons and Organizations Consulted
2. Address final comments once the City provides input identified in the Comments Matrix:
- Project Description
- Environmental Impact Analysis
- Geology and Soils
- Land Use and Planning
- Population and Housing
- Public Services
- Recreation
- Utilities
- Wildfire
3. Incorporate information and data provided in the vibration assessment, prepared by Qtative Development Solutions, to determine the appropriated buffer required for protecting the Palmer’s oak present on-site. Please note that on March 30, 2023, FCS send the applicant team questions requesting clarifications regarding the vibration assessment dated March 30, 2023.
4. A Fourth Draft EIR was not previously scoped nor budgeted by FCS.
6 Budget Augment
Request
This task required an additional 78 hours of staff time.
Task 3: Proof Check Draft EIR
FCS will complete revisions and prepare a Proof Check Draft EIR for review. It is expected that the City’s review of the Proof Check would be focused, concentrating on items that were identified in previous rounds of reviews as needing revisions. It is assumed that only minor editing and formatting would be required after this review. This task also includes, but not limited to:
1. Incorporate information and data provided in the revised Biological Resources Assessment (BRA) and the revised Jurisdictional Delineation report. Please note that FCS already incorporated information from two previous versions of the BRA into the Draft EIR.
2. Incorporate analysis and findings of the newest version of the VMT study. Please note that FCS already incorporated information from previous versions of the VMT reports (by two different transportation consulting firms).
3. Incorporate information resulting from the conclusion of Assembly Bill (AB) 52 consultation conducted by the City and revise the analysis and mitigation measures accordingly.
4. Formal editing and word processing of the Draft EIR components will be undertaken to ensure the final product is up to the highest professional standards.
5. Following completion of the Proof Check Draft EIR and City review of this version, FCS will finalize the document and upload it to the State Clearinghouse to begin the 45-day public review period (City to complete the noticing task).
This task assumes an estimated 145 hours of staff time.
Task 4: Management and Coordination
FCS continues to be responsive to City and applicant needs and has provided management and coordination of the project under a significantly protracted schedule. FCS also continues to attend bi- weekly project calls which have not been accounted for in full in the existing budget. At the request of the City, FCS has and continues to attend, as needed, additional calls/meetings to discuss various aspects of the project, in addition to coordination of staff through multiple rounds of review, and several schedule-related meetings.
This task assumes 100 hours of staff time.
7 Budget Augment
Request
BUDGET
FCS has prepared the following budget identifying the costs of each task.
Task Fee
Task 1: Third Draft EIR $14,500
Task 2: Fourth Draft EIR $15,440
Task 3: Proof Check Draft EIR $22,260
Task 4: Project Management $17,600
Total Cost $69,800
P
age | 1
STAFF REPORT
D
ATE: NOVEMBER 2, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER S
UBJECT: AGENDA ITEM NO. 15.A
P
UBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUN ITY FACILITIES DISTRICT NO. 20 22-001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY
STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
RE
COMMENDATION:
1)
That the City Council open the public hearing and take testimony, if any. 2) Following t he publ ic hear ing, st aff re commends t hat t he Ci ty Council adopt Resolution No. 2023-86, entitled:
R ESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022- 001 ( APPALOOSA SPRINGS ), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE
LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2023-87, entitled:
RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 20 22-001 ( APPALOOSA SPRINGS ) PROPOSITIONS
REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND
RETURN TO AGENDA
Page | 2
THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2023-88, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUN ITY FACILITIES DISTRICT NO. 202 2-001 (APPALOOSA
SPRINGS) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council waive full reading, read by title only and introduce Ordinance No. 2023-15, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUN ITY FACILITIES DISTRICT NO. 202 2-001 (APPALOOSA
SPRINGS) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
BACKGROUND
On September 21, 2023 the City Council took the first step in the process of forming CFD 2022-001 (APPALOOSA SPRINGS (“CFD No. 2022-001”), composed of Tract 37714. At that time, the City Council approved a Resolution of Intention, Resolution No. 2023-79, to form CFD No. 20 22-001 and to authorize the levy of a special tax. At that meeting the City Council set November 2, 2023 as the date for the public hearing.
The State Legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, Signature Homes USA , requested that the City assist them in forming a district in order to cover the costs associated with the maintenance of public improvements within the proposed project area, which is projected to include 215 residential lots. The CFD was formed in order to cover costs including:
• Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 Appaloosa Springs; • The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022- 001 for Clay Street CFD and for Interior Street CFD, including landscape within Clay Street median; Page | 3
• The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; • The maintenance, administration and inspecti ons of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714;
• The operation and maintenance cost of t raffic signals at the intersections of Clay Street and Linares Avenue;
• The operation and maintenance cost and/or servicing of any of the foregoing; • Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries on Avalon Street; and • All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
• Inspection is inclusive of scheduling, trav el time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any defi ciencies, erosion, trash, silt, sediment, structural deficiencies.
• Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
ANALYSIS
The proposed district will have a Maximum Special Tax in the amount of $726.00 per taxable unit per year for single residential and multifamily residential parcels , and a Maximum Special Tax of $ 7,132.60 per acre for Non-Residential property. These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
• City Council initiated proceedings for the annexation on September 21, 2023.
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will file the annual special tax with the County Auditor -Controller. The property owners have posted a deposit with their application to form CFD No. 20 22-001, in order to cover City costs incurred in connection with the formation. Approval of the actions set Page | 4
forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. 2022-001. The City’s cost to administer CFD No. 2022-001 annually will be reimbursed through the special taxes charged to property owners.
The revenue from this special tax will be deposited into a fund for CFD No. 2022-001 and will be used to pay for the Services as listed above. Both the revenue and expenses will be part of the City’s FY 2024-2025 Adopted Budget, and there is no anticipated impact to the general fund.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
-1-
RESOLUTION NO. 2023-86
A RESOLUTION OF FORMATION OF THE CITY
COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022-001
(APPALOOSA SPRINGS ), TO ESTA BLISH AN
APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN, AND TO
SUBMIT THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL
TAXES TO THE QUALIFIED ELECTORS THEREOF
WHEREAS, on September 21ST, 2023, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. 2022- 001 (APPALOOSA SPRINGS )” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description o f the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set November 2nd, 2023 at 7:00 p.m., or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
-2-
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CF D formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund street lights, landscaping, stormwater facilities and BMP’s, litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within the CFD , all other services necessary or useful for, or in connection with, the foregoing, including building a reserve fund for replacement and incidental expenses thereto, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environ ment because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the e stablishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
-3-
3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on July 21, 2023, in Book 91 at Page 53 as Instrument No. 2023-0212024 of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non -exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Finance Director of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509, telephone number (951) 332-6464, is the officer of the City who will be respon sible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in
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force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting proc edures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified e lectors by the Clerk by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot
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identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered ) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such offi cial ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entit led based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the vot er is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of su ch canvass and the election on each proposition set forth in the official ballot.
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13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Speci al Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 2023.
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______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-8-
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 cert ify that the foregoing Resolution No. 2023-86 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022-001
(APPALOOSA SPRINGS)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 Appaloosa Springs; The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022-001 for Clay Street CFD and for Interior Street CFD, including landscape within Clay Street median;
The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or s ervicing thereof, including, but not limited to, grading, clearing, removal of debris; The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714;
The operation and maintenance cost of traffic signals at the intersections of Clay Street and Linares Avenue;
The operation and maintenance cost and/or servicing of any of the foregoing; Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries on Avalon Street; and
All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022-001
(APPALOOSA SPRINGS)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
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RESOLUTION NO. 2023-87
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY
OF JURUPA VALLEY , CALIFORNIA, CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTR ICT NO. 2022-001
(APPALOOSA SPRINGS ) PROPOSITIONS REGARD ING
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN
THE COMMUNITY FACILITIES DISTRICT
WHEREAS, on September 21st, 2023, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) (the “District”); and
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS ), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mell o-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establ ishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and
WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for November 2nd, 2023, to consider the proposition described in Section 3 below. -2-
SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on f ile in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No . 2022-001 (APPALOOSA SPRINGS ), to Establish an
Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS), to pay for street lights, landscaping, storm drain and water quality basin maintenance services, and litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within the District , all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in the Resolution of Formation?”
SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall -3-
have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in co nducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council hereby finds and determines t hat the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 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 , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2023-87 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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RESOLUTION NO. 2023-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022-
001 (APPALOOSA SPRINGS ) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 5 3311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2023-86 on November 2, 2023, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2022-001 (APPALOOSA SPRINGS); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on November 2, 2023, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of th e Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A . Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
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5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 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 , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2023-92 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2022-001
(APPALOOSA SPRINGS)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS), and that the election was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on November 2, 2023.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. 2022-001
(APPALOOSA SPRINGS) Special Tax
Election, November 2, 2023
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 2nd day of November, 2023.
By: __________________________
City Clerk
City of Jurupa Valley
B-1
EXHIBIT B
Ballot Measure:
Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. 2022 -001 (Appaloosa Springs), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. 2022 -001 (Appaloosa Springs), to pay for str eet light and traffic signal, landscaping, storm drain and water quality basin maintenance services, and litter and graffiti removal on soundwalls and other amenities, plus normal painting, as required within the District, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” to the Resolution of Formation”
V
NOVEMBER 2023
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES
DISTRICT 2022-001
CFD NO. 2022-001
(APPALOOSA SPRINGS)
Prepared By:
HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
1 Table of Contents
INTRODUCTION ..................................................................................................................... 2 DESCRIPTION OF SERVICES ..................................................................................................... 3 STREET LIGHTS AND TRAFFIC SIGNAL ................................ ................................ .............................. 3 LANDSCAPING ................................ ................................ ................................ ............................... 3 STORMWATER FACILITIES................................ ................................ ................................ ...............3 GRAFFITI ABATEMENT ................................ ................................ ................................ ....................3 INCIDENTALS ................................ ................................ ................................ ................................ .3 COST ESTIMATE ..................................................................................................................... 5 INCIDENTAL EXPENSES ................................ ................................ ................................ ...................5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX .................................................. 6 PROPOSED BOUNDARIES ....................................................................................................... 7
Appendix A
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR CFD NO. 2022- 001 (APPALOOSA SPRINGS)
Appendix B
BOUNDARY MAP (REDUCED COPY) FOR CFD NO. 2022-001 (APPALOOSA SPRINGS)
2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022-001 (PARADISE KNOLLS)
INTRODUCTION
WHEREAS, the City Council of the CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of title 5 of the California Government Code (“Act”) on September 21 st, 2023, adopt Resolution No . 2023-79 (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Report”). This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS ) CITY OF JURUPA VALLEY (CFD), CFD No. 2022-001 APALOOSA SPRINGS, and CFD No. 2022-001; and,
WHEREAS, The Resolution ordering said Report, did direct that the Report generally contain the following:
• A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such services, including the incidental expen ses, to be incurred in connection with the CFD;
NOW, THEREFORE, the undersigned, the responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.
A Community Facilities Dist rict may provide for financing of certain public services, which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.
The following Report contains the description of CFD N o. 2022-001 boundaries, description of services, and the financial analysis for CFD No. 2022-001.
Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.
Steve Loriso, R.C.E. 64701
3 DESCRIPTION OF SERVICES
A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:
STREET LIGHTS AND TRAFFIC SIGNAL
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Clay Street and along the public streets within the CFD No. 202 2- 001 boundaries and Tract 37714; as shown and identified on th e City approved streetlight plans for the Appaloosa Springs (Tract No. 37714) development.
Traffic signal maintenance including energy charges, operation, servicing, and administrative costs of traffic signal located at the intersection of Clay Street and Linares Avenue.
LANDSCAPING
The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022 -001 for Clay Street CFD , City approved landscape plans titled Interior Street CFD, and City approved landscape plans for Clay Street median.
STORMWATER FACILITIES
The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714.
GRAFFITI ABATEMENT
Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries on Clay Street and interior streets of the subdivision known as Tract No. 37714.
INCIDENTALS
All other services necessary or useful for, or i n connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporti ng by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following:
any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of
4 inspection and maintenance, general contract administration, including ph one calls and procurement of goods and services.
The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. 2022-001 (Appaloosa Springs). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of City of Jurupa Valley. Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the City of Jurupa Valley, the Community Facilities District No. 2022-001 (Appaloosa Springs), and the Act.
5 COST ESTIMATE
The cost estimate (rounded to the nearest dollar), including incidental expenses, is approximately $184,306 annually for the identified CFD improvements. The Maximum Special Taxes within the CFD have been established to pay for these services up to $726 per taxable unit per year for single family residential property, $726 per taxable multifamily residential property, and $ 7,132.60 per acre for non-residential property; as defined in the Rate and Method of Apportionment for CFD No. 2022-001 Appaloosa Springs.
These amounts shall be increased based upon the percentage change in the Consumer Price Index for Riverside-San Bernardino-Ontario, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous fiscal year.
INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2022-001 (Appaloosa Springs) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise inc urred in order to carry out the authorized purposes of the community facilities district. The incidental expenses associated with the annual administration of CFD No. 2022-001 (Appaloosa Springs) are initially estimated to be $ 34,464.
This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, election costs, and charges and fees of the City other than those waived.
The following i ncidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs of posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.
6 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
The Rate and Method of A pportionment of the special tax is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary for CFD No. 2022-001 (Appaloosa Springs) to meet its financial obligations as permitted by the Act.
All of the property located within CFD No. 2022-001 (Appaloosa Springs), unless exempt by law or by the special tax proposed for CFD No. 2022-001 (Appaloosa Springs), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The special t ax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reasonable basis as determined by the Council, although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
The special tax for the CFD was established generally relying on building square footage, net taxable acreage, land use type, types of services, square footage of services areas, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were p rovided by the developer(s) of the Appaloosa Springs residential community (Tract No. 37714 ). Data used for estimates o n this report were not independently verified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans and on the Rate and Method of Apportionment for CFD No. 2022-001 (Appaloosa Springs).
It is my opinion that t he special tax rate and method of apportionment, as above set forth, is fair and reasonable.
November 2, 2023.
Steve Loriso, R.C.E. 64701
7 PROPOSED BOUNDARIES
The proposed boundaries of CFD No. 2022 -001 ( Appaloosa Springs ) are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed District boundaries generally coincide with the boundary of Tract Map No. 37714 as approved by the City of Jurupa Valley Council on July 27, 2023; and as of date include the following assessor’s parcel number(s):
163-400-001
163-400-052
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the C ity Clerk of the CITY OF JURUPA VALLEY and was recorded with Riverside County Recorder’s Office.
APPENDIX A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES FOR
CFD No. 2022-001 (APALOOSA SPRINGS)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)
OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-001 (Appaloosa Springs). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024-2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on t he applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses means al l actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor means the Assessor of the County.
“Assessor’s Parcel Map means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year means the Fiscal Year ending June 30, 2025.
“Boundary Map means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“CFD means Community Facilities District No. 2022-001 (Appaloosa Springs) of the City of Jurupa Valley.
“City means the City of Jurupa Valley, California
“Consumer Price Index means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area.
“Council means the City Council of the City acting as the legislative body of the CFD.
“County means the County of Riverside, California.
“Developed Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit or “(D/U) means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Land Use Class means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.
“Multifamily Residential Property means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non -residential structures.
“Parcel(s) means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately means for Parcels of Taxable Property that are (i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Develo ped Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.
“Public Property means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any o ther public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more resident ial Dwelling Units.
“Single Family Property means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D to fund the Special Tax Requirement.
“Special Tax Requirement means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax Reserve Fund in an amount equal to the lesser of (a) 20% of the Special Tax Reserve Fund Requirement or (b) the amount needed to fund the Special Tax Reserve Fund up to the Special Tax Reserve Fund Requirement, (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Reserve Fund means a fund to be used for capital replacement and maintenance costs related to the Special Tax Services.
“Special Tax Reserve Fund Requirement means an amount up to 150% of the anticipated annual cost of Special Tax Services of $276,459.00 for the Base Year. The Special Tax Reserve Fund Requirement shall be increased annually, commencing July 1, 2025, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year.
“Special Tax Services means: (i) Streetlights maintenance including energy charges, operation, maintenance, a nd administrative costs of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 Appaloosa Springs; (ii) the mainte nance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, r eplacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022-001 for Clay Street CFD and for Interior Street CFD, including landscape within Clay Street median; (iii) The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; (iv) The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714; (v) The operation and maintenance cost of traffic signals at the intersections of Clay Street and Linares Avenue; (vi) The operation and maintenance cost and/or servicing of any of the foregoing; (vii) litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries; and (viii) all other services necessary or useful for, or in
connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement. Inspection is inclusive of scheduling, trav el time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any defi ciencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and cont rol of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
“State means the State of California.
“Taxable Property means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property means all Parcels of Taxable Property not classifi ed as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2024-2025, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1, below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum Special
Tax per Taxable
Unit
1 Single Family Residential Property D/U $ 726.00 2 Multifamily Residential Property D/U $ 726.00 3 Non-Residential Property Acre $ 7,132.60
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maxim um Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Adminis trator based on the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated pursuant to Section C.1 as if such Parcel were already designated as Single Family Property.
The Maximum Special Tax for Approv ed Property shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Undeveloped Property shall be $7,132.60 per Acre.
The Maximum Special Tax for Undeveloped Property shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Sp ecial Tax in effect in the previous Fiscal Year.
4. Public Property and/or Property Owner’s Association Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Public Property and/or Property Owner’s Association Property shall be $0.00 per Acre. There shall be no levy on Public Property and/or Property Owner’s Association Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Req uirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement;
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property.
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a d ifferent manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes.
During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the a ppellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
APPENDIX B
BOUNDARY MAP (Reduced)
CFD No. 2022-001 (APPALOOSA SPRINGS)
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ORDINANCE NO. 2023-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT
NO. 2022-001 (APPALOOSA SPRINGS ) AUTHORIZING
THE LEVY OF A SPECIAL TAX THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2023-79 entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and WHEREAS, the Resolution of Intention set November 2, 2023, at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financ ing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the
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12774-0001\1942483v1.doc
Qualified Electors t hereof” (the “Resolution of Formation” ) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS ) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Call ing Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on November 2, 2023 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. 2022-001 (APPALOOSA SPRINGS) and Directing the Recording of a Notice of Special Tax Lien ” (the “Resolution Declaring Results of Election”) which certified the results of the November 2, 2023 election conducted by the City Clerk, which results showed that more than two -thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each yea r, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of
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Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinq uent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inap plicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of November, 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. 2023 -15 was regularly introduced at a regular meeting of the City Council held on the 2nd day of November, 2023 and thereafter at a regular meeting held on the 16th day of November, 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 16th day of November, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
P
age | 1
STAFF REPORT
D
ATE: NOVEMBER 2, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER S
UBJECT: AGENDA ITEM NO. 15.B
P
UBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; A ND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUN ITY FACILITIES DISTRICT NO. PS 2022-002
(PUBLIC SAFETY, APPALOOSA SPRINGS); GENERALLY LOCATED
WEST OF CLAY STREET, EAST OF PEDLEY ROAD, AND SOUTH OF
LIMONITE AVENUE, TRACT NO. 37714
RE
COMMENDATION:
1)
That the City Council open the public hearing and take testimony, if any. 2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2023-89, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 ( PUBLIC
SAFETY, APPALOOSA SPRINGS), TO ESTABLISH AN APPROPRIATIONS
LIMIT THEREFOR E, TO AUTHORIZE THE LEVY OF A SPECIAL TAX
THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2023-90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022-002 ( PUBLIC SAFETY, APPALOOSA
SPRINGS) PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
RETURN TO AGENDA
Page | 2
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2023-91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council waive full reading, read by title only and introduce Ordinance No. 2023-16, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022- 002 (PUBLIC SAFETY, APPALOOSA SPRINGS) AUTHORIZING THE LEVY OF
A SPECIAL TAX THEREIN
BACKGROUND
On September 21, 2023, the City Council took the first step in the process of forming CFD No. PS 2022-002 PUBLIC SAFETY, APPALOOSA SPRINGS (“CFD No. PS 2022-002”), composed of proposed Tract No. 37714. At that time , the City Council approved a Resolution of Intention, Resolution No. 2022- 10, to form CFD No. PS 2022-002 and to authorize the levy of a special tax. At that meeting, the City Council set November 2, 2023 as the date for the public hearing.
The State Legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The owner s, Forestar (USA) Real Estate Group, Inc. requested that the City assist them in forming a district in order to cover the costs associated with providing law enforcement protection services.
The CFD will set up a special tax to generally cover cost associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services.
• Equipment, vehicles, supplies.
• The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively. • City overhead costs associated with providing such services within the District. • Services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls.
Page | 3
ANALYSIS
The proposed CFD will have a Maximum Special Tax for base year 2024 of:
TAX A
SFR (D/U) $220.00
MFR (D/U) $180.00
Approved Property $100.00
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2 % of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
• City Council initiated proceedings for the formation on September 21, 2023. (Resolution No. 2023-80).
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will file the annual special tax with the County Auditor -Controller. The property owners have posted a deposit with their application to form CFD No. PS 2022-002, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. PS 2022-002. The City’s cost to administer CFD No. PS 2022-002 annually will be reimbursed through the special taxes charged to property owners.
The revenue from this special tax will be deposited into a fund for CFD No. PS 2022-002 and will be used to pay for the Services as listed above and presented in the RMA. Both the revenue and expenses will be part of the City’s FY 2024 -2025 Adopted Budget, and there is no anticipated impact to the general fund.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
-1-
RESOLUTION NO. 2023-89
A RESOLUTION OF FORMATION OF THE CITY
COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, APPALOOSA SPRINGS), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREOF, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL
TAXES TO THE QUALIFIED ELECTORS THEREOF
WHEREAS, on September 21, 2023 , the City Council adopted a resolution enti tled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2022- 001 (PUBLIC SAFETY, APPALOOSA SPRINGS) (the “CFD”), of the City pursuant to Chapter
2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Califor nia Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set November 2, 2023 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or ag ainst the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
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WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Div ision 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he cre ation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, includi ng building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
-3-
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on July 21, 2023 , in Book 91 at Page 54 as Instrument No. 2023-0212025 of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuin g lien against all non -exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
-4-
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied an d the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Electio n shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, i nsofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
-5-
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pa mphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered ) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such offi cial ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entit led based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the vot er is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass -6-
the votes cast in the Special Election, and shall file a statement with the City Council as to the results of su ch canvass and the election on each proposition set forth in the official ballot.
13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Speci al Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-8-
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 cert ify that the foregoing Resolution No. 2023-89 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, APPALOOSA SPRINGS)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Special Tax Services for c ost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection w ith, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, APPALOOSA SPRINGS)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
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RESOLUTION NO. 2023-90
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF JURUPA
VALLEY, C ALIFORNIA, CALLING A SPECIAL EL ECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTR ICT NO . PS 2022-001
(PUBLIC SAFETY, APPALOOSA SPRINGS ) PROPOSITIONS
REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE
COMMUNITY FACILITIES DISTRICT
WHEREAS, on November 2, 2023, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No . PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS) (the “District”); and
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and
WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner withi n the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for November 2, 2023, to consider the proposition described in Section 3 below. -2-
SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on f ile in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No .
PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS ), to
Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No . PS 2022-001 (PUBLIC
SAFETY, APPALOOSA SPRINGS), to pay for law enforcement
protection services, costs of cont racting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for r eplacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation? SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution sh all be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Distric t which would be subject to the proposed special taxes if they were levied at the time of the election.
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SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 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 , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2023-90 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
RESOLUTION NO. 2023-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS
2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS ) AND
DIRECTING THE RECORDING OF A NOTICE OF
SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2023-90 on November 2, 2023, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and S ubmitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022-001 (PUBLIC SAFETY, APPALOOSA SPRINGS) Propositions Regarding the Establishment of an Appropriations Limit and the An nual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. PS 2022-001 (Public Safety, APPALOOSA SPRINGS); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on November 2, 2023, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it.
NOW, THEREFORE, THE CITY COUNCIL O F THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A . Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the Distri ct the special tax described in the Ballot Measure for the purposes described therein and to take the necessary -2-
steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-3-
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 cert ify that the foregoing Resolution No. 2023-91 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
12774-0005\1942425v1.doc
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(Public Safety, APPALOOSA SPRINGS)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVAS OF THE ELECTION RETURNS
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, APPALOOSA SPRINGS), and that the election was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on November 2, 2023.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. PS 2022-001
(PUBLIC SAFETY, APPALOOSA SPRINGS)
Special Tax Election, November 2 2023
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 2nd day of November 2023.
By:
City Clerk
City of Jurupa Valley
B-1
EXHIBIT B
Ballot Measure:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilitie s District No.
PS 2022-001 (Public Safety, APPALOOSA SPRINGS ), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qu alified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, APPALOOSA SPRINGS), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?”
V
NOVEMBER 2023
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES
DISTRICT NO. PS 2022-002
CFD NO. PS 2022-002
(PUBLIC SAFETY, APPALOOSA SPRINGS)
Prepared By:
HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
1 Table of Contents
INTRODUCTION ..................................................................................................................... 2 DESCRIPTION OF SERVICES ..................................................................................................... 3 GENERAL DESCRIPTION ................................ ................................ ................................ ..................3 INCIDENTALS ................................ ................................ ................................ ................................ .3 COST ESTIMATE ..................................................................................................................... 4 INCIDENTAL EXPENSES ................................ ................................ ................................ ...................4 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX .................................................. 5 PROPOSED BOUNDARIES ....................................................................................................... 6 E. EXEMPTIONS .............................................................................................................. 8 F. MANNER OF COLLECTION....................................................................................... 8 G. APPEALS ..................................................................................................................... 9 H. TERM OF THE SPECIAL TAX ................................................................................... 9
Appendix A
RATES AND METHOD OF APPORTION MENT OF SPECIAL TAXES FOR CFD NO. 2022- 002 (PUBLIC SAFETY, APPALOOSA SPRINGS)
Appendix B
BOUNDARY MAP FOR CFD NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA
SPRINGS)
2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS)
INTRODUCTION
WHEREAS, the City Council of the CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, be ing Chapter 2.5 of Division 2 of title 5 of the California Government Cod e (“Act”) on September 21 , 202 3, adopt Resolution No. 2023-80 (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Repo rt”). This Commun ity Fa cilities Distr ict shall be referred to as COMMUNITY FACILITIES DISTRICT NO. PS 202 2-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) CITY OF JURUPA VALLEY (CFD) and (C FD NO. PS 2022 -002, PUBLIC SAFETY, APPALOOSA SPRINGS); and,
WHEREAS, The Resolution ordering said Report, did direct that the Report generally contain the following:
• A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such servic es, including the incidental expenses, to be incurred in connection with the CFD;
NOW, THEREFORE, the undersigned, the responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.
A Community Facilities District may provide for financing of certain public services, which are necessary to meet increased demands placed upon local agencies as a result of dev elopment or rehabilitation occurring with the CFD.
The following Report contains the description of CFD NO. PS 2022-002 boundaries, description of services, and the financial analysis for CFD NO. PS 2022-002.
Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.
Steve Loriso, R.C.E. 64701
3 DESCRIPTION OF SERVICES
GENERAL DESCRIPTION
A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:
The cost associated with providing law enforcement services, including but not limited to (i) The costs of contracting services,
(ii) Equipment, vehicles, supplies,
(iii) The sa laries and benef its of City staff that directly provide law enforcement services,
(iv) City overhead costs associated with providing such services within the District, (v) All other services necessary or useful for, or in connection with, the authorized services listed above, i ncluding building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
INCIDENTALS
All other services necessary or useful for, or in connection with, the authorized servi ces listed above, including, but not limited to, building a reserve fund fo r replacement. Refer to Appendix A, Rate and Method of Apportionment, for details.
The services listed herein are representative of the types of services authorized to be financed by Community Facilities District NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS).
Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standard s of CITY OF JURUPA VALLEY . Addition, deletion or modif ication of descriptions of the services may be made consistent with the requirements of the City Council of the CITY OF JURUPA VALLEY , the Community Facilities District NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS), and the Act.
4 COST ESTIMATE
According to the City, the funds r equired to fun d the impacts of the development (within the District bo undaries) on law enforcement services is more or les s equival ent to the amounts shown in the table below:
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
The development known as APPALOOSA SPRINGS approved as Tentative Tract Map No. 37714, which outlines the boundaries of this CFD, is anticipated to provide 254 single family residential units at buil dout. The anticipated assessment at buildout at current cond itions is $55,880.
INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Ac t, the pro ceeds of any special tax levied and collected by CFD NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not lim ited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of sp ecial taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
The cos t of th e Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, paym ent of the Special Tax, costs incurred in order to carry out the aut horized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, election costs, and charges and f ees of the City other than those waived.
The following i ncidental ex penses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs o f posting and collecting the special taxes, and administrative costs o f the City related to each annual Special Tax levy.
5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
The Rate and Method of A pportionment of the special tax is attached hereto as Appe ndix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary for CFD NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS) to meet its financial obligations as permitted by the Act.
All of the property located within CFD NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS), unles s exempt by law or by the special tax proposed for CFD NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS ), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any pro perty.” The special t ax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reaso nable basis as determined by the Council, although the special t ax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
The special tax for the CFD was established generally relying on building square foo tage, net taxable acreage, land use type, types of services, square footage of services areas, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were p rovided by the developer(s ) of the APPALOOSA SPRINGS development (Tract No. 37714). Data used for estimates o n this report were n ot independently verified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans and on the Rate and Method of Apportionment for CFD NO. PS 2022 -002 (PUBLIC SAFETY, APPALOOSA SPRINGS).
It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.
November 2, 2023.
Steve Loriso, R.C.E. 64701
6 PROPOSED BOUNDARIES
The proposed boundaries of CFD PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the ser vices described above. The proposed District boundaries as of Fiscal Year 2024-2025 include the following assessors parcel number(s):
163-400-001
163-400-052
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with th e City Clerk of the CITY OF JURUPA VALLEY and was r ecorded with Riverside County Recorder’s Office.
APPENDIX A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES FOR
CFD NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA
SPRINGS)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (PUBLIC SAFETY,
APPALOOSA SPRINGS) OF THE CITY OF JURUPA VALLEY, COUNTY OF
RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalize d terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxabl e Pro perty located within the boundaries of Community Facilities District No. PS 2022 -002 (Public Safety, Appaloosa Springs ).
The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 202 4-2025, shall be determined by t he City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Section s B., C. , and D., be low. A ll of the real property within the CFD, unless exempted b y law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Pa rcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the re asonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello -Roos Community Facilities Act of 1982, as a mended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses ” means all actual o r reasonably estimated costs and expenses of the City that are chargeable or allocable to carry o ut it s duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an offici al of th e City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map ” means an official map of the Assess or of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number ” means the number assigned to a lot o r Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024.
“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.
“CFD” means Commu nity Facilities District No. PS 2022 -002 (Public Safety, Appaloosa Springs) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Inde x” means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fisca l Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside-San Bernardino -Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded pri or to Januar y 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a con dominium plan pursuant t o California Civil Code 1352 that creates individual lots for which Building Permits m ay be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses ” means the cos ts associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in o rder to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum S pecial Tax ” means for eac h P arcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property ” means all Parcels of D eveloped Pro perty that consists of a building or buildings comprised of attached Dwell ing U nits available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property ” means all Parcels of Develop ed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1st for the Fis cal Year for which the Special Tax is being levied.
“Property O wner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offe red for dedication to a property owner association, inclu ding any mas ter or sub -association, prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and i s owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the Co unty, City or any other public ag ency, provided, however, that any pr operty leased b y a public agency to a private entity and subject to taxati on under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilizat ion for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family P roperty” means all Parcel s o f Residential Property, other than Multifamily Residential Property.
“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Req uirement” means for each Fi scal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CFD, (iii) pay Ad ministrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.
“Special Tax Services” means t he cost associat ed with pr oviding law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the sala ries and benefits of City staf f that directly provide law enforcement services, ( iv) City over head costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reser ve fund for replacement and maintenance and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Ma p w hich are not exempt from the Special Tax pursuant to Sec tion E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Prop erty, Approved Property, Public P roperty or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 202 4-2025, all Parcels of Taxable Property shall be c lassified as eithe r Developed Property, Approved Property, Undeveloped Property, Public Property or Prop erty Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Pr operty or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and e scalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2025, based on the percen tage incre ase in the Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may co ntain more than one Land Use Cla ss. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land
Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site p lan approved for such P arcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00
(a) Increase in the Maximum Special Tax
On each July 1, following the B ase Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage inc rease in the Consumer Price Index w ith a maximum an nual increase of six percent (6%) and a minimum annual incr ease of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requir ement in ac cordance with th e following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Proper ty. Notwit hstanding the fo rgoing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property an d Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels b ecomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt wi ll continue to be classifie d a s Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject to the sam e p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different mann er if neces sary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a wr itten appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f an appeal, all Special Taxes must be paid on or before the payment due date establ ished when the levy was mad e. The appeal must specify the reasons why the appellant c laims the Special Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Administrator deems necessary, and advise the appellant of i ts determination. If the A dministrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Spe cial Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrat or shall in terpret this Rat e a nd Method of Apportionment and make determinations relative to the annual levy and administration of the Spec ial Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levi ed annually in perpetuity u nless terminated earlier by the City.
APPENDIX B
BOUNDARY MAP
CFD NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA
SPRINGS)
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12774-0001\1942483v1.doc
ORDINANCE NO. 2023-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT
NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA
SPRINGS) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2023-80 entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Commun ity Facilities District No. PS 2022- 002 (PUBLIC SAFETY, APPALOOSA SPRINGS)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No.
PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) (the “CFD”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set November 2, 2023, at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to s erve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-002 (PUBLIC SAFETY,
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12774-0001\1942483v1.doc
APPALOOSA SPRINGS), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors t hereof” (the “Resolution of Formation” ) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS ) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on November 2 , 2023 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of El ection”) which certified the results of the November 2, 2023 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
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12774-0001\1942483v1.doc
4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinq uent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of November, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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12774-0001\1942483v1.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. 2023 -16 was regularly intr oduced at a regular meeting of the City Council held on the 2nd day of November, 2023 and thereafter at a regular meeting held on the 16th day of November, 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 16th day of November, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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STAFF REPORT
DATE: NOVEMBER 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.C
PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA)
NO. 23244: THE FIRST ONE (1) YEAR EXTENSION FOR TENTATIVE PARCEL MAP (TPM) NO. 37126 EXTENDING THE EXPIRATION
DATE TO OCTOBER 29, 2024, AND DETERMINING THAT NO
FURTHER CEQA REVIEW IS REQUIRED UNDER CEQA
GUIDELINES SECTION 15162; LOCATION: NORTHEAST CORNER
OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -
330-002, 003, 004, 005 & 006) ; (APPLICANT: NORTHTOWN
HOUSING DEVELOPMENT CORPORATION)
RECOMMENDATION
1) That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2023-92, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THE FIRST ONE- YEAR EXTENSION OF TIME OF TENTATIVE PARCEL MAP NO. 37126 (TPM37126EOT1) TO EXTEND THE EXPIRATION DATE TO OCTOBER 29, 2024 FOR A SCHEDULE “E”
SUBDIVISION OF APPROXIMATELY 7.13 GROSS ACRES OF REAL
PROPERTY LOCATED EAST OF MISSION AND SOUTH OF CRESTMORE (APNS: 179-330-002, -003, -004, -005, AND -006), AND DETERMINING NO
FURTHER CEQA REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15162
PROJECT DESCRIPTION
The Applicant, Northtown Housing Development Corp or
ation, requested a one- year
extension of the expiration date to October 29, 2024. The Applicant requires extra time to finalize and record the final map. The project consists of a 28,015 square-foot commercial building and 57 affordable multi -family units on a 7.1 3 gross acre site located at the
RETURN TO AGENDA
Page | 2
northeast corner of Crestmore Road and Mission Boulevard. See Exhibit No. 1 for the Project Location and Exhibit No. 2 for Tentative Map.
Northtown Housing Development Corporation is a 501 (C) 3 non-profit affordable housing developer and service provider. They provide a variety of services to low -income residents that range from affordable housing to homeownership programs.
EXHIBIT NO. 1: SITE LOCATION MAP
Page | 3
EXHIBIT NO. 2 - TENTATIVE PARCEL MAP
LOCATION
The Rubidoux Gateway project encompasses five (5) parcels at the northeastern corner of Mission Boulevard and Crestmore Road, situated within the Rubidoux Town Center Overlay. The Santa Ana River borders the site to the south and east , residential neighborhoods to the north and west, and the Jurupa Valley Operational Center (JVOC) to the west. The Riverside County Flood Control and Water Conservation District owns the land between Mission Boulevard and the project site that is used for access to the Santa Ana River.
BACKGROUND
The extension of time, if granted, will provide a one-year extension to the tentative parcel map approved as part of the Rubidoux Gateway project. The tentative parcel map is the primary entitlement required for subdividing the property per municipal code requirements.
On October 29, 2020, the City Council approved the Rubidoux Gateway project under MA16224 by adopting Resolution No. 2020- 54 and Ordinance 2020- 10. This approval encompassed several entitlements , including Site Development Permit No. 16043, General Plan Amendment No. 16006, Change of Zone No. 16001, and Tentative Parcel Map No. 37126. Additionally, the City Council certified an Environmental Impact Report (EIR), and adopted a Mitigated Monitoring and Reporting Program (MMRP), and a Statement of Overriding Considerations.
Table No. 1 below demonstrates the entitlements initially approved as part of the development and notes applicable expiration dates.
Page | 4
TABLE 1 - PREVIOUS APPROVAL(s)
ENTITLEMENTS PROJECT DESCRIPTION EXPIRATION DATE
MA16224
Action Date: October 29, 2020
GPA16006 – Commercial Retail (CR) and Medium
Density Residential (MHDR) to Commercial Retail
(CR) for a 1.81-acre commercial parcel and High-
Density Residential (HDR) for a 5.20-acre parcel.
No Expiration Date.
CZ16011 – Rezone 1.81-acre parcel from
Rubidoux-Village Commercial (R-VC), Multiple-
Family Dwellings (R-2), and Light Agriculture (A-
1) to Rubidoux-Village Commercial (R-VC) and
General Residential (R-3).
No Expiration Date.
SDP16043 – For the construction of the (a)
commercial development on a 1.81-acre parcel
and (b) 57-unit multi-family affordable housing
development with a community center, pool,
and maintenance building, and covered and
uncovered ground-level parking on a 5.20-acre.
Parcel. The Project includes landscaping, internal
paving, and walkways. MA22298
(SDP16043EOT1) extended this entitlement to
10/29/2024)
October 29, 2024
TPM37126 – A Schedule “E” subdivision of
approximately 7.13 gross acres into two parcels
totaling 1.81 and 5.20 acres each.
October 29, 2023
Table 2 provides information on general plan land use, zoning, and existing land use for the property.
RUBIDOUX GATEWAY PROJECT SUMMARY
The Rubidoux Gateway project, situated on 7. 13 gross acres of land, is a mixed- use development project. It is comprised of a 28,015 square- foot commercial building on a
1.81-acre parcel and fifty-seven (57) multi-family affordable housing units on a 5.20-acre TABLE 2: GENERAL PROJECT INFORMATION
Project Area 7.13 gross acre
General Plan Land Use Designation Commercial Retail (CR) High Density Residential (HDR)
Zoning Rubidoux-Village Commercial (R-VC) and
General Residential (R-3).
Existing Land Use Vacant
Page | 5
parcel. The project's desi gn integrates a community center, a pool facility, ground- level parking, and lush landscaped areas. The parcel map delineates the subdivision into two parcels. Parcel 1, consisting of 1.81 acres, is slated to accommodate the commercial component of the project. Parcel 2, consisting of 5.20 acres , is designated for the residential segment of the project.
Additionally, the parcel map allocates 0.13 acres for street dedication, and it includes technical notes about reciprocal easements, which are essential for facilitating access, managing drainage systems, providing adequate parking solutions, and ensuring the provision of necessary utilities.
The commercial building has a floor ar ea ratio (FAR) of 0.35 and includes 78 on-site parking spaces, complemented by 47 off-site street parking locations.
The residential component includes 12 detached buildings with 57 residential dwelling units, resulting in a density of 10.9 dwelling units per acre. The project includes 155 on- site parking spaces. The project includes ancillary structures for residential use, such as a community center building, a pool building, a maintenance facility, and covered parking spaces. Additionally, the development includes aesthetic and functional aspects of the site, incorporating comprehensive landscaping, internal paving, and walkways to enhance the overall ambiance and accessibility. All of the units will be affordable except the Manager’s Unit. The affordable housing units count toward Regional Housing Needs (RHNA) housing allocations , and they are noted in the City ’s Housing Element. The Riverside County Average Median Income (AMI) is used to calculate affordability, and the affordability is provided as shown in Table No. 2.
Table No.2: Unit Affordability Table
Type of Unit Number of Units AMI
2 Bedroom 10 30%
2 Bedroom 7 60%
3 Bedroom 4 30%
3 Bedroom 6 40%
3 Bedroom 11 50%
3 Bedroom 12 60%
4 Bedroom 1 30%
4 Bedroom 3 50%
4 Bedroom 2 60%
2 Bedroom 1 Manager's Unit
TOTAL 57
Page | 6
Exhibit No. 3 demonstrates the approved site plan.
EXHIBIT NO. 3: APPROVED SITE PLAN
TITLE 7 AND TENTATIVE PARCEL MAP EXTENSIONS
Prior to the tentative parcel map's expiration date of 10/29/2023, the Applicant submitted a request for a one- year extension. Per Section 7.15.230, tentative parcel maps can be extended annually, with a maximum of six extensions permitted. This is the fir st of six possible annual extensions for the tentative map. The overall life of the tentative map cannot exceed nine years , 10/29/2029. Title 7 of the Jurupa Valley Municipal Code (Subdivisions) includes provisions governing the duration and extension of p ermits for tentative parcel maps. In particular, Section 7.15.230 specifies that tentative parcel maps are provided with a standard approval period lasting 36 months from the date of their approval. This timeframe is provided to fulfill the various requirements of the tentative parcel map such as securing final map approval through the Engineering Department and the completion of the recordation process of the final map with the County Recorder.
If additional time is required, the original approving body of the project, the City Council, can extend the expiration date of a tentative parcel map annually, with a maximum limit of six extensi ons permitted. Otherwise, if expired, the tentative map is null and invalid.
The decision of the extensions is final unless appealed by Section 7.15.
Page | 7
An extension of time may be granted if the land division continues to comply with the General Plan, maintains consistency with zoning regulations, and does not compromise the general health, safety, or welfare of the public. Staff has reviewed the project and has determined that it complies with the applicable requirements. The extension of time does not propose any changes to the development plan as it pertains only to the expiration dates. Furthermore, the project does not conflict with any requirements the city has adopted since its initial approval. Therefore, the project continues to satisfy the necessary criteria for approval.
Status of Final Map
The Applicant indicates that they have submitted the preliminary final map to the Engineering Department and have received corrections on the map. The Applicant is currently working on finalizing corrections on the final map application and is expected to complete the processing by next year. Upon the recordation of the final map, and with the approval of the required grading and construction permits, the applicant can start construction.
ENVIRONMENTAL REVIEW
The Project is “within the scope” of the previously certified EIR. According to PRC §21166 and CEQA Guidelines §15162, CEQA does not require the preparation of any further environmental review.
On October 29, 2020, the City Council adopted an Environmental Impact Report, a Statement of Overriding Consideration, and a Mitigated Monitoring and Reporting Program (MMRP) with the project’s approval. The City has determined that based on the Previous Environmental Document (PED) prepared for the Project, all potentially significant effects have been avoided or mitigated according to the Final Environmental Impact Report (EIR), State Clearinghouse (SCH) #2018061047, City of Jurupa Valley Master Application No. 16043. The extension of time only approves a change in the approval period. No other changes are proposed with this application. Therefore, the Project is “ within the scope” of the previously certified EIR. CEQA does not require the preparation of any further environmental review.
FINANCIAL IMPACT
1. The applicant submitted the extension of time application with the accompanying fixed fee.
ALTERNATIVES
1. Recommended Action: Adopt Resolution No. 2023-92 to approve a one- year extension of time of Tentative Parcel Map No. 37126 (TPM37126EOT1) to extend the expiration date to October 29, 2024, and determine that no further CEQA review is required pursuant to CEQA Guidelines Section 16162.
2. Deny MA 23244 ( TPM37126EOT1); (No action, maintain the expiration date of 10/29/2023).
3. Continue the public hearing to a later date and provide direction to staff.
ATTACHMENT NO. 1
Resolution No. 2023-92
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RESOLUTION NO. 2023-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, APPROVING THE
FIRST ONE-YEAR EXTENSION OF TIME OF TENTATIVE
PARCEL MAP NO. 37126 (TPM37126EOT1) TO E XTEND
THE EXPIRATION DATE TO OCTOBER 29, 2024 FOR A
SCHEDULE “E” SUBDIVISION OF APPROXIMATELY 7.13
GROSS ACRES OF REAL PROPERTY LOCATED EAST OF
MISSION AND SOUTH OF CRESTMORE (APNS: 17 9-330-
002, -003, -004, -005, AND -006), AND DE TERMINING NO
FURTHER CEQA REVIEW PURSUANT TO CEQA
GUIDELINES SECTION 15162
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. Project. Northtown Housing Development (the “A pplicant”) has applied for the first one -year Extension of Time (EOT) for Tentative Parcel Map No. 37126 (TPM37126EOT1) to extend the approval term to October 29, 2024. The Tentative Parcel Map is an entitlement relate d to Master Application No. 16224 (MA16224). On October 29, 2020, the City Council adopted Resolution No. 2020-54, approving MA16224 to permit a mixed-use project consisting of a 28,015 square foot commercial building on a 1.81-acre parcel and fifty-seven (57) multi-family affordable housing dwelling units on a 5.20 -acre parcel (the “Project”). The project is located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179 -330- 002, -003, -004, -005, and -006).
Section 2. Extension of Time.
(a) The Applicant is seeking approval for the first one -year extension of time for Tentative Parcel Map No. 37126. The City Council originally approved Tentative Parcel Map No. 37126 on October 29, 2020, with a 36-month expiration date of October 29, 2023. (b) The applicant filed an application for the first one -year extension of time for Tentative Parcel Map No. 37126 on September 29, 2023 , ahead of the October 29, 2023, expiration date.
(c) Section 7.05.020.A. of the Jurupa Valley Municipal Code provides that the Jurupa Valley Planning Commission is designated as the “Advisory Agency” charged with the duty of making investigations and reports on the design and improvement of all proposed Schedule “E” maps. Further, Sections 7.05.020.A. and 7.15.150 of the Jurupa Valley Munici pal Code provide that the Planning Commission is authorized to approve, conditionally approve, or disapprove all such tentative map land divisions and report the action directly to the City Council and the land divider.
(d) Section 7.15.230.A. of Chapter 7.15 of the Jurupa Valley Municipal Code and Government Code Section 66452.6(e) provide that the Planning Commission may extend an -2-
approved or conditionally approved tentative map for a period or periods not exceeding a total of six (6) years upon application o f the subdivider filed prior to the expiration of the tentative map.
Further, Government Code Section 66452.6(e) provides that prior to the expiration of an approved or conditionally approved tentative map, and upon an application by the subdivider to extend that map, the tentative map shall be automatically extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. (e) Section 7.15.180 of the Jurupa Valley Municipal Code requires denial of a tentative parcel map if it does not meet all of the requirements of Title 7 of the Jurupa Valley Municipal Code, or if any of the following findings are made:
1) That the proposed land division is not consistent with applicable general and specific plans.
2) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans.
3) That the site of the proposed land division is not physically suitable for the type of development.
4) That the site of the proposed land division is not physically suitable for the proposed density of the development.
5) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. 7) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will b e substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. 8) Notwithstanding subsection 5) above, a tentative ma p may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act (Pub. Resources Code Sect ion 21000 et seq. ) , that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (f) Section 7.15.140 of the Jurupa Valley Municipal Code provides that the action of the Planning Commission on a tentative Schedule “E” map will be final, unless the final decision is appealed by the land divider or any interested party. -3-
(g) Sections 7.05.030.B. and 7.15.150 of the Jurupa Valley Municipal Code provide that if a land divider or any interested party believes that they may be adversely affected by the decision of the Planning Commission, the land divider or any interested party may appeal the decision to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after the notice of decision of the Planning Commission appears on the City Council’s agenda.
The appeal must be filed in writing, stating the basis for appeal, and must be accompanied by the applicable fee.
Section 3. California Environmental Quality Act Findings for MA No. 21262. The Planning Commission of the City of Jurupa Valley does hereby make the following environmental findings and determinations in connection with the approval of the proposed one-year Extension of Time for Tentative Parcel Map No. 37126:
(a) Pursuant to California Environment al Quality Act (“CEQA”) (Pub.
Resources Code, § 21000 et seq.) and the City’s CEQA Guidelines, City staff has considered the potential environmental impacts of the proposed first, one (1) year Extension of Time for TPM No. 37483. City staff has also reviewed the Environmental Impact Report (“EIR”) for MA16224 adopted by the Planning Commission on October 29, 2020, including the impacts and mitigation measures identified therein, and the Previous Environmental Document Rev iew Determination prepared in accordance with CEQA for the proposed one -year Extension of Time for T PM No. 37126 that was considered on November 2, 2023. Based on that review, the City of Jurupa Valley Community Development Department has determined that the proposed one -year Extension of Time for TPM No. 37126 and the circumstances under which the proposed one-year Extension of Time for T PM No. 37126 is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the proposed one-year Extension of Time for TPM No. 37126 does not involve new information of substantial importance which shows that the proposed one -year Extension of T ime for TPM No. 37126 will have significant effects not discussed in the prior EIR. All potential environmental impacts associated with MA No. 23244, including TPM No. 37126, and the proposed one-year Extension of Time for TPM No. 37126, are adequately addressed by the prior EIR and the Previous Environmental Document Review Determination, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant.
(b) The Planning Commission has independently reviewed the EIR and the Previous Environmental Document Review Determination, and based upon the whole record before it, and its independent review and judgment, finds that that the proposed one-year Extension of Time for TPM No. 37126 is not subject to further environmental review pursuant to the CEQA Guidelines because:
1) The proposed one-year Extension of Time for TPM No. 37126 and the circumstances under which the proposed one-year Extension of Time for TPM No. 37126 is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the proposed one-year Extension of Time for TPM No. 37126 does not involve new information of substantial importance which shows that the proposed one-year Extension of Time for TPM No. 37126 will have significant effects not discussed in the prior MND; and -4-
2) All potential environmental impacts associated with MA No. 23244, including TPM No. 37126, and the proposed one-year Extension of Time for TPM No. 37126 are adequately addressed by the prior MND, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior MND, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Community Develop ment Department of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 4. Findings for Approval of Extension of Time for Tentative Parcel Map No. 37126. The Planning Commission of the City of Jurupa Valley does hereby find, determine, and declare that the proposed one-year Extension of Time for TPM No. 37126 should be granted because:
(a) The proposed one-year Extension of Time for TPM No. 37126 continues to meet all requirements of Title 7 (Subdivisions) of the Jurupa Valley Municipal Code in that the parcels will be divided to meet all criteria.
(b) The proposed land division continues to be consistent with the 2017 Jurupa Valley General Plan and the General Plan land use designation of Commercial Retail (CR) and High Density Residential (HDR) in that the land is suitable for the proposed commercial and residential, mixed use, subdivision, including floor-to-area ratio; (c) The design or improvement of the proposed land division continues to be consistent with the 2017 Jurupa Valley General Plan in that the land division is consistent with the commercial development policies within the General Plan. (d) The site of the proposed la nd division continues to be physically suitable for the type of development , will accommodate the proposed commercial development, and will be graded according to applicable code standards.
(e) The site of the proposed land division continues to be physically suitable for the proposed density of the development in that the proposed land division is consistent with the vision of the 2017 Jurupa Valley General Plan for commercial growth development for the subject area and the water and sewer purveyor, Jurupa Com munity Services District (JCSD), issued a “will serve” letter stating that water and sewer service will be available to the development.
(f) The design of the proposed land division or proposed improvements , as conditioned and with the imposition of mitigation measures, is not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. (g) The design of the proposed land division or the type of improvements is not likely to cause serious public health problems in that the land division has been designed to be harmonious with the surrounding community and provides for safe on -site traffic and pedestrian circulation.
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(h) The design of the proposed land division or the ty pe of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division in that the proposed tentative parcel map and development plans have been prepared to prevent any such conflicts.
Approval of Master Application No. 23244 with Previous Conditions. Based on the foregoing, the City Council of the City of Jurupa Valley hereby (1) approves the first one-year Extension of Time for Tentative Parcel Map No. 37126, a Schedule “E” of approximately 7.13 gross acres of real property located east of Mission Boulevard and south of Crestmore Road (APNs: 179 -330- 002, -003, -004, -005, and -006). Tentative Parcel Map No. 37126 shall expire on October 29, 2024 unless, during this timeframe, the expiration date is extended or a final map is approved and submitted to the County Recorder.
Section 5. Certification. The Community Development Director shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of November, 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 , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2023-92 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of November 2023, by the following votes, 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 2nd day of November 2023.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
ATTACHMENT NO. 2
Resolution No. 2020-54
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RESOLUTION NO. 2020-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT AND ADOPTING A
STATEMENT OF OVERRID ING CONSIDERATIONS A ND
MITIGATION MONITORIN G AND REPORTING
PROGRAM FOR A MIXED -USE DEVELOPMENT
PROJECT ON APPROXIMA TELY 6.93 GROSS ACRE S
LOCATED ON THE NORTH EAST CORNER OF MISSI ON
BOULEVARD AND CRESTMORE ROAD (APN S: 179-330-
002, -003, -004, -005, AND -006), OVERRULING THE
AIRPORT LAND USE COMMISSION’S DETERMINATION
OF INCONSISTENCY, AND APPROVING GENERAL PLAN
AMENDMENT NO. 16006, TENTATIVE PARCEL MAP NO.
37126, AND SITE DEVE LOPMENT PERMIT NO. 1 6043 TO
PERMIT THE SUBDIVISI ON OF APPROXIMATELY 6.93
GROSS ACRES LOCATED ON THE NORTHEAST
CORNER OF MISSION BO ULEVARD AND CRESTMOR E
ROAD (APNS: 179-330-002, -003, -004, -005, AND -006) INTO 2 PARCELS TO ALLOW FOR A MIXED-USE
DEVELOPMENT PROJECT
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. Project. Northtown Housing Development (the “Applicant”) has applied for General Plan Amendment No. 16006 , Change of Zone No. 16011, Tentative Parcel Map No. 37126, Site Development Permit No. 16043, and an overruling of an Airport Land Use Commission determination (collectively, Master Application No. 16224 or MA No. 16224) to permit the subdivision of approximately 6.93 gross acres into 2 parcels on real property located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179-330-002, -003, -004, -005, and -006) in the Rubidoux-Village Commercial (R-VC), Multiple Family Dwellings (R-2), and Light Agricultural (A-1) Zones and designated Commercial Retail (CR) and Medium High Density Residential (MHDR) with Rubidoux Town Center (RTCO), Flabob Municipal Airport (FLO), and Santa Ana River Corridor (SRO ) Overlays to allow for a mixed -use development project consisting of a 30,715 square foot commercial building on a 1.79 acre parcel and sixty - eight (68) multi-family affordable housing dwelling units on a 5.14 acre parcel (the “Project”).
General Plan Amendment No. 16006, Tentative Parcel Map No. 37126, Site Development Permit No. 16043, and the overruling of an Airport Land Use Commission determination are the subject of this Resolution.
Section 2. General Plan Amendment.
(a) The Applicant is seeking approval of General Plan Amendment No. 16006 to change the General Plan land use designations of the parcels from Commercial Retail (CR) and Medium High Density Residential (MHDR) to Commercial Retail (CR) for the proposed 1.79 acre -2-
commercial parcel (APN: 179-330-005) and High Density Residential (HDR ) for the proposed
5.14-acre residential parcel (APNs: 179-330-002, -003, -004, and -006). (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 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.
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 amen d 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 local ordinance or resol ution 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 Municipal Code provides th at 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.
(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.
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(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 part or element of the General Plan may not be approved by the City Council until all proc edures required by the Jurupa Valley EQA implementing procedures to approve a matter have been completed.
Section 3. Tentative Parcel Map.
(a) The Applicant is seeking approval of Tentative Parcel Map No. 37126, a Schedule “E” subdivision of approximately 6.93 gross acres into two parcels totaling 1.79 and 5.14 acres each on real property located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179-330-002, -003, -004, -005, and -006).
(b) Section 7.05.020.A. of the Jurupa Valley Municipal Code provides that the Jurupa Valley Planning Commission is designated as the “Advisory Agency” charged with the duty of making investigations and reports on the design and improvement of all proposed tentative Schedule “E” maps. Further, Section 7.05.020.A. of the Jurupa Valley Municipal Code provides that the Commission is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the City Council and the land divider.. (c) Section 7.15.150 of the Jurupa Valley Municipal Code provides that the Planning Commission is the advisory agency authorized to directly approve, conditionally approve or disapprove all such tentative maps.
(d) Section 7.1 5.130.A. of the Jurupa Valley Municipal Code provides that within fifty (50) days after the date of filing of a commercial parcel map, a public hearing on the map must be held before the Planning Commission. Section 7.15.130.B. of the Jurupa Valley Municipal Code provides that after the close of the hearing, the Planning Commission must approve, conditionally approve, or disapprove the proposed tentative map, file notice of the decision with the City Clerk, and mail notice of the decision to the land divid er, or his or her authorized agent, and any interested party requesting a copy. (e) Section 9.05.110 of the Jurupa Valley Municipal Code provides that notwithstanding any other provisions of this title, in the event that a project requires a general plan amendment, zone change, specific plan amendment, development agreement or other legislative action in addition to the tentative subdivision map, site development permit, conditional use permit, variance or other quasi -judicial land use applications for the proj ect, the Planning Commission shall make a recommendation to the City Council to approve, modify or deny the applications for the legislative action for the project and a recommendation to the City Council to -4-
approve, conditionally approve or deny the quasi-judicial land use applications. The Council shall hear the applications for the legislative actions along with the applicable procedures of Section
9.05.100. The decision of the City Council shall be made by ordinance or resolution as required by law and shall require three (3) affirmative votes of the City Council. The purpose of this section is to enable the City Council to hear and decide all of the land use entitlements for a project in a comprehensive and coordinated manner.
(f) Section 7.15.180 of the Jurupa Valley Municipal Code requires denial of a tentative parcel map if it does not meet all of the requirements of Title 7 of the Jurupa Valley Municipal Code, or if any of the following findings are made:
1) That the proposed land division is not consist ent with applicable general and specific plans.
2) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans.
3) That the site of the proposed land division is not physically suitable for the type of development.
4) That the site of the proposed land division is not physically suitable for the proposed density of the development.
5) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. 7) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. 8) Notwithstanding subse ction 5) above, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act (Pub. Resources Code Sect ion 21000 et seq. ), that specif ic economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
Section 4. Site Development Permit.
(a) The Applicant is seeking approval of Site Development Permit No. 16043 to develop approximately 6.93 acres of real property located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179-330-002, -003, -004, -005, and -006) with a mixed- -5-
use development consisting of a 30,715 square foot commercial building on a 1.79 acre parcel and sixty-eight (68) multi-family affordable housing dwelling units on a 5.14 acre parcel. (b) Section 9.80.020.A.(12) of the Jurupa Valley Municipal Code provides that two-family dwellings, multiple -family dwellings, bungalow courts and apartment houses are allowed in the R -3 Zone , providing a Site Development Permit shall first have been obtained pursuant to the provisions of Section 9.240.330 of the Jurupa Valley Municipal Code. (c) Sections 9.140.020.A. and 9.140.020.B. of the Jurupa Valley Municipal Code provide that certain commercial and office uses are permitted on any site within the East Village planning sub -area of the R-VC Zone subject to a Site Development Permit approved pursuant to the provisions of Section 9.240.330 of the Jurupa Valley Municipal Code. (d) Section 9.240.330.(3) of the Jurupa Valley Municipal Code provides that no site development permit shall be approved unless it complies with the following standards:
1) The proposed use must conform to all the requirements of the City of Jurupa General Plan and with all applicable requirements of State law and the ordinances of the City of Jurupa Valley.
2) The overall development of the land shall be designed for th e protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property. The plan shall consider the location and nee d for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion; and shall take into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. 3) All site development plans which permit the construction of more than one structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with Riverside County Ordinance No. 460, as adopted by the City of Jurupa Valley pursuant to Chapter
1.35 of the Jurupa Valley Municipal Co de, in such a manner that each building is located on a separate legally divided parcel.
(e) Section 9.240.330.(4)(d)(i) of the Jurupa Valley Municipal Code provides that a site development permit application that requires the approval of a general plan amendment, a specific plan amendment, or a change of zone shall be heard in accordance with the provisions of Section 9.285.040, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.
(f) Section 9.05.110 of the Jurupa Valley Municipal Code provides that notwithstanding any other provisions of this title, in the event that a project requires a general plan amendment, zone change, specific plan amendment, development agreement or other legislative action in addition to the tentative subdivision map, site development permit, conditional use permit, variance or other quasi -judicial land use applications for the project, the Plannin g Commission shall make a recommendation to the City Council to approve, modify or deny the -6-
applications for the legislative action for the project and a recommendation to the City Council to approve, conditionally approve or deny the quasi-judicial land use applications. The Council shall hear the applications for the legislative actions along with the applicable procedures of Section
9.05.100. The decision of the City Council shall be made by ordinance or resolution as required by law and shall require three (3) affirmative votes of the City Council. The purpose of this section is to enable the City Council to hear and decide all of the land use entitlements for a project in a comprehensive and coordinated manner
Section 5. Overruling of Airport Land Use Commissio n Inconsistency Determination.
(a) The Applicant is seeking the City Council’s overruling of a determination made by the Riverside County Airport Land Use Commission (“ALUC”) that the Project is inconsistent with the 2004 Flabob Airport Land Use Plan (“ALUP”). (b) Public Utilities Code Section 21676(b) provides that prior to the amendment of a general plan within the planning boundary established by an Airport Land Use Commission pursuant to Public Utilities Code Section 21675, a local agency must first refer the proposed action to the Airport Land Use Commission.
(c) Public Utilities Code Section 21676(b) provides that if the Airport Land Use Commission determines that the proposed action is inconsistent with the Commission’s plan, the referring agency must be notified.
(d) On July 13, 2017, the Riverside County ALUC found the Project inconsistent with the 2004 Flabob ALUP due to the subject site’s location within Compatibility Zone C, which limits residential density to one (1) dwelling unit per five (5) acres and limits nonresidential intensity to a maximum occupancy of 150 persons per one (1) acre (“Inconsistency Determination”).
(e) Public Utilities Code Section 21676(b) provides that a local agency may, after a public hearing, propose to overrule an Airport Land Use Commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of Article 3.5 of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code as stated in Section 21670(a)(2).
(f) Public Utilities Code Section 21670(a)(2) provides that it is the purpose of Article 3.5 to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use me asures that minimize the public’ s exposure to exc essive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.
(g) Public Utilities Code Section 21676(b) provides that at least forty-five (45) days prior to a decision to overrule an Airport Land Use Commission, the local agency governing body must provide the Commission and the Division of Aeronautics a copy of the proposed decision and findings.
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(h) On June 2, 2020, the City provided the Riverside County ALUC and the State Division of Aeronautics with a copy of the City’s proposed decision and findings to overrule the Inconsistency Determination as set forth in Planning Commission Resolution No. 2020-05-27-
03. (i) Public Utilities Code Section 21676(b) provides that t he Airport Land Use Commission and the Division of Aeronautics may provide comments to the local agency governing body within thirty (30) days of receiving the proposed decision and findings. If the Commission’s or the Division of Aeronautics’ comments are not available within this time limit, the local agency governing body may act without them. The comments by the Division of Aeronautics or the Commission are advisory to the local agency governing body. The local agency governing body must include comments from the Commission and the Division of Aeronautics in the public record of any final decision to overrule a Commission, which may only be adopted by a two -thirds vote of the governing body.
(j) On June 8, 2020, the Riverside County ALUC provid ed comments to the City Council regarding the City’s proposed decision and findings to overrule the Inconsistency Determination. The City has not received comments from the State Division of Aeronautics.
Section 6. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 16224 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 May 27, 2020, the P lanning Commission of the City of Jurupa Valley held a public hearing on MA No. 16224, 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 to recommend approval of MA No. 16224 by adopting Planning Commission Resolution No. 2020 -05-27-03, a Resolution of the Planning Commission of the City of Jurupa Valley Recommending that the City Council of the City of Jurupa Valley Certify an Environmental Impact Report and Adopt a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for a Mixed -Use Development Project on Approximately 6.93 Gross Acres Located on the Northeast Corner of Mission Boulevard and Crestmore Road (APNS: 179 -330-002, -003, -004, -005, And -006), Overrule the Airport Land Use Commission’s Determination of Inconsistency, and Approve General Plan Amendment No. 16006, Change of Zone No. 16011, Tentative Parcel Map No. 37126, and Site Development Permit No. 16043 to Permit the Subdivision of Approximately 6.93 Gross Acres Located on the Northeast Corner of Mission Boulevard and Crestmore Road (APNS: 179-330-002, -003, -004, -005, And - 006) Into 2 Parcels to Allow for a Mixed-Use Development Project. (c) On July 16, 2020, the City Council held a public hearing on MA No. 16224, 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.
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(d) On August 6, 2020, the City Council held a public hearing on MA No. 16224, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters . F ollowing t he receipt of public testimony the City Council continued the public hearing.
(e) On September 3, 2020, the City Council held a public hearing on MA N o. 16224, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters . F ollowing t he receipt of public testimony the City Council continued the public hearing.
(f) On October 1, 2020, the City Cou ncil held a public hearing on MA No. 16224, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters . F ollowing t he receipt of public testimony the City Council continued the public hearing.
(g) On October 29, 2020, the City Council held a public hearing on MA No. 16224, 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.
(h) All legal preconditions to the adoption of this Resolution have occurred.
Section 7. California Environmental Quality Act Findings for Certification of Environmental Impact Report and Adoption of Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program.
(a) Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine, and declare that:
1) Northtown Housing Development Corporation (the Applicant) has applied for Gen eral Plan Amendment No. 16006, Change of Zone No. 16011, Tentative Parcel Map No. 37126, Site Development Permit No. 16043, and an overruling of an Airport Land Use Commission determination (collectively, Master Application No. 16224 or MA No. 16224) to permit the subdivision of approximately 6.93 gross acres into 2 parcels on real property located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179-330-002, -003, -004, -005, and -006) in the Rubidoux-Village Commercial (R-VC), Multiple Family Dwellings (R-2), and Light Agricultural (A-1) Zones and designated Commercial Retail (CR) and Medium High Density Residential (MHDR) with Town Center (TCO), Flabob Municipal Airport (FLO), and Santa Ana River (SRO ) Overlays to allow for a mixed -use development project consisting of a 30,715 square foot commercial building on a 1.79 acre parcel and sixty -eight (68) multi-family affordable housing dwelling units on a 5.14 acre parcel (the “Project”). 2) The proposed Project was processed, including, b ut not limited to, all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (Cal. Pub. Resources Code, § 21000 et seq.) (CEQA) and the CEQA Guidelines (14. Cal. Code Regs. § 15000 et seq.) -9-
3) Pursuant to CEQA, the City is the lead agency for the proposed Project because it is the public agency with the authority and principal responsibility for reviewing, considering, and potentially approving the proposed Project. 4) The City determined tha t an Environmental Impact Report (EIR) would be required for the proposed Project and issued a Notice of Preparation (NOP) on June 20, 2018. The NOP was sent to the State Clearinghouse (SCH #2018061047), responsible agencies, trustee agencies, and interes ted parties and posted on the City’s website on June 20, 2018. The thirty (30)-day public review period ran from June 20, 2018, to July 19, 2018, and its purpose was to receive comments and input from interested public agencies and private parties on issu es to be addressed in the EIR for the proposed Project.
5) The scope of the Draft EIR was determined based on an Initial Study and NOP, comments received in response to the NOP, and technical input from environmental consultants.
6) Thereafter, the City staff commenced the preparation of a Draft EIR for the proposed Project, including preparation and review, as applicable, of all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analy zed the proposed Project’s potential impacts on the environment, potential mitigation, and potential alternatives to the proposed Project. 7) Upon completion of the Draft EIR on January 7, 2019, the City initiated a public comment period by preparing and send ing a Notice of Availability (NOA) for the Draft EIR to all interested persons, agencies, and organizations; the NOA also was published in the Press Enterprise. The City also filed a Notice of Completion (NOC) with the State Office of Planning and Research. The Draft EIR was made available for a thirty (30) -day public review period beginning January 11, 2019, and ending on February 25, 2019. 8) Copies of the Draft EIR were sent to various public agencies, as well as to organizations and individuals requestin g copies. In addition, copies of the documents have been available for public review and inspection at the Jurupa Valley City Hall and two Jurupa Valley Public Library facilities (Glen Avon Library, and Louis Rubidoux Library). The DEIR was also made available for download via the City's website: http://www.jurupavalley.org. 9) In response to the Draft EIR, six (6) written comments were received from various agencies, individuals, and organizations. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments that were timely received on the Draft EIR. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5.
10) The Final EIR consists of the Draft EIR and all of its appendices, the comments and responses to comments on the Draft EIR, and clarifications/revisions to the Draft EIR. The Final EIR was made available to t he public and to all commenting agencies at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a).
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11) On October 1 5, 2020, the City Council, at a duly noticed public hearing, considered the proposed Project and the Final EIR, at which time the City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the proposed Project and the Final EIR.
12) Section 15091 of the CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding:
a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or,
b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, c) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. 13) These required written findings are set forth in Exhibit “B” to this Resolution and incorporated herein by reference as if set forth in full, and are hereby adopted. a) Environmental impacts determined during the scoping
process to be less than significant and not potentially impacted by the proposed Project are described in the Notice of Preparation and “Exhibit “B.” b) Environmental impacts determined in the EIR to be less than significant and not requiring mitigation are described in Section 3.0 of Exhibit “B.” c) Environmental impacts determined in the EIR to be less than significant with mitigation are described in Section 4.0 of Exhibit “B.” d) Environmental impacts that remain significant and
unavoidable despite the imposition of all feasible mitigation are described in Section 5.0 of Exhibit “B.”
e) Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section 8.0 of Exhibit “B.” 14) CEQA Guidelines Section 15093 requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. The Statement of Overriding Considerations is -11-
attached hereto as Exhibit “B,” is incorporated herein by reference as if set forth in full, and is hereby adopted.
15) CEQA Section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitig ation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit “B,” is herein incorporated by reference as if set forth in full, and is hereby adopted. 16) Prior to taking action, the City Council has heard, been pre sented with, reviewed, and considered the information and data in the administrative record, including the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments, staff reports and presentations, and all oral and written testimony presented during the public hearings on the proposed Project.
17) Custodian of Records. The City Clerk of the City of Jurupa Valley is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, California, 92509. (b) Substantive Findings . The City Council of the City of Jurupa Valley, California does hereby:
1) Declare that the above Procedural Findings are true and correct, and hereby incorporates them herein by this reference.
2) Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the proposed Project. 3) Find and declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff repo rts and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues regarding the proposed Project.
4) Find and determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Projec t, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached as Exhibit “A” and incorporated herein by reference, with the exception of those impacts found to be significant and unmitigable as discussed therein.
5) Find and declare that the Final EIR reflects the independent judgment of the City Council. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft E IR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental -12-
impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement.
6) Certify the Final EIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to CEQ A and the Statement of Overriding Considerations as set forth in Exhibits “A” and “B,” respectively, and adopts the Mitigation Monitoring and Reporting Program attached as Exhibit “C.” The City Council further determines that all of the findings made in t his Resolution (including Exhibits “A” and “B”) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the City Council, and in the record of the proceedings .
The City Council further finds that each of the overriding benefits stated in Exhibit “B,” by itself, would individually justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged in the record of proceedings. 7) The City Council hereby imposes as a condition on the Project each mitigation measure specified in Exhibit “C,” and directs City staff to implement and to monitor the mitigation measures as described in Exhibit “C.”
8) The City Counc il hereby directs staff to file a Notice of Determination as set forth in Public Resources Code Section 21152.
Section 8. Findings for Approval of General Plan Amendment. The City Council of the City of Jurupa Valley hereby finds and determines that General Plan Amendment No. 16006 should be adopted because:
(a) The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them. The proposed Commercial Retail (CR) land use designation for the 1.79 acre parcel (APN: 179-330-005) and the proposed High Density Residential (HDR) land use designation for the 5.14 acre parcel (APNs: 179-330- 002, -003, -004 and -006) will contribute to the purpose of the General Plan by broadening commercial and higher density residential zones in the City, which would allow the development of general commercial land uses, add to the City’s affordable housing stock and promote revitalization within the Rubidoux Town Center Overlay (RTCO). (b) The proposed amendment will expand basic employment job opportunities (jobs that contribute directly to the City’s economic base) and improve the ratio of jobs-to-workers in the City by providing jobs ranging from construction workers necessary for the development , to the jobs necessary to operat e the general commercial and office uses. The proposed Project would help promote jobs for people of all income levels, including low-income residents.
Section 9. Findings for Approval of Tentative Parcel Map. The City Council of the City of Jurupa Valley hereby finds and determines that the proposed Tentative Parcel Map No. 37126 should be granted because:
(a) The proposed Tentative Parcel Map No. 37126 meets all requirements of Title 7 (Subdivisions) of the Jurupa Valley Municipal Code. -13-
(b) The proposed land division will be consistent with the City’s General Plan upon approval of the proposed General Plan Amendment. The proposed land division is consistent with the requirements of the proposed Commercial Retail (CR) General Plan land use designation and the proposed High Density Residential (HDR) General Plan land use designation. (c) The design or improvement of the proposed land division is consistent with the City’s General Plan, upon approval of the proposed General Plan Amendment, in that the land division meets the in tent and policies of the Commercial Retail (CR) land use designation for recommended Floor Area Ratio (FAR) and the High Density Residential (HDR) land use designation for recommended density of 8 to 14 dwelling units per acre. (d) The site of the proposed land division is physically suitable for the type of development in that t he combined 6.93 acre site is physically is a relatively flat, undeveloped, vacant lot that is adjacent to other residential and commercial land uses. The subject site is physically suitable to accommodate the subdivision and future development of the commercial building and the 68-unit multi-family residential development as there is adequate water and sewer connections and public services are available to the subject site. (e) The site of the proposed land division is physically suitable for the proposed density of the development. The proposed subdivision will facilitate the future construction of a 30,715 square foot commercial building on a 1.79 acre parcel and a 68-unit multi-family affordable housing development on a 5.14 -acre parcel (total 95,862 square feet). The proposed residential density is 13.2 dwelling units per acre, which is below the recommended maximum allowable density in the General Plan for the High Density Residential (HDR) land use designation. (f) The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat in that the subject site is high ly disturbed and occupied by ruderal flora and bare ground. Because of the existing degraded site condition, the absence of special -status plant communities, and overall low potential for most special-status species to utilize or reside on- site, the proposed Project would not be expected to directly impact federal or state-listed threatened or endangered species.
(g) The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. An EIR was prepared for the Project that evaluated potential effects with respect to aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities and service systems.
The land division meets the intent and policies of the Commercial Retail (CR) land use designation for recommended Floor Area Ratio (FAR) and High Density Residential (HDR) land use designation for recommended density of 8 to 14 dwelling units per acre. The land division will not cause any serious public health problems in that i t meets all the requirements of the Zoning Code, Title 7 of the Municipal Code (Subdivisions) and the General Plan. Furthermore, a Phase 1 Environmental Site Assessment (ESA) report prepared for the Project did not reveal evidence of a recognized environmental condition in connection with the Project site. The EIR determined that, although there are significant and unavoidable impacts to Hazards and Land Use and Planning -14-
related to the Project with the Flabob Airport Land Use Plan (ALUP) and to Transpor tation and Traffic, those impacts are balanced by economic, legal, social, technological, or other benefits as set forth in the proposed Statement of Overriding Considerations. (h) The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. There are no on -site easements within the subject site and, therefore, the Project does not conflict with any on -site easements. The Project will connect to existing water and sewer lines located on Crestmore Road and all proposed utilities will be required to be undergrounded.
(i) Notwithstanding paragraph (f) above, the proposed Tentative Parcel Map No. 37126 should be approved because a Final EIR was prepared for the Project and findings were made, pursuant to CEQA, that specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the Final EIR.
Section 10. Findings for Approval of Site Development Permit. The City Council of the City of Jurupa Valley hereby finds and determines that Site Development Permit No. 16043 should be approved because:
(a) The proposed use will conform to all the requirements of the City of Jurupa General Plan, as amended by General Plan Amendment No. 16006. The proposed commercial and office uses, two-family dwellings, multiple-family dwellings, bungalow courts and apartment houses conform to all of the applicable goals and policies wi thin the General Plan, including, but not limited to, promoting infill and improvement of established town centers, creating a more urbanized, pedestrian-oriented mix of residential, commercial, office, entertainment, civic, transit, educational, and/or recreational uses.
(b) The proposed use will conform to all applicable requirements of State law pertaining to the commercial and residential development, including applicable Planning and Zoning Laws.
(c) The proposed use will conform to all applicable requirements of the ordinances of the City o f Jurupa Valley , including Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code.
(d) The proposed overall development of the land is designed for the protection of the public health, safety and general welfare. The proposed Project has been desig ned to minimize any potential impacts to adjacent residential land uses including orienting the parking within the interior of the Project site, and incorporating dense landscape screening and decorative masonry walls and fencing around the perimeter of the site. (e) The proposed overall development of the land is designed to conform to the logical development of the land in that it complies with Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code, including, but not limited to, the development standards applicable to the Rubidoux Village Commercial (R -VC) and R-3 (General Residential) Zones, and also conforms to the Commercial Retail (CR) and High Density Residential (HDR) General Plan land use designations.
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(f) The proposed overall development of the land is designed to be compatible with the present and future logical development of the surrounding commercial property and residential land uses within the Rubidoux Town Center Overlay (RTCO) . Furthermore, the proposed overall development of the land will enhance the community with its attractive architecture, dense landscaping, new trees, and decorative perimeter walls. (g) The proposed site development plans consider the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion. The proposed Site Development Plan will require public improvements in the form of new landscaped parkway, new street lighting, curb and gutter, new sidewalk , and pedestrian walkways connecting to the center . The creation of a new sidewalk along the subject property’s entire frontage (Crestmore Road) will enable pedestrians to safely access the shopping center and the residential development.
(h) The proposed site development plans take into account topographica l and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. T he subject site will be graded and will drain per recommended Engineering Conditions of Approval.
(i) Together with the proposed Tentativ e Parcel Map, the proposed site development plans do not permit the construction of more than one structure on a single legally divided parcel. A Condition of Approval will be imposed t o prohibit the sale of any existing or subsequently constructed structures on the existing 6.93 acre parcel until the parcel is divided per Title 7 (Subdivisions) of the Jurupa Valley Municipal Code.
Section 11. Findings for Overruling of Airport Land Use Commission Inconsistency Determination. The City Council of the City of Jurupa Va lley hereby finds and determines that the determination made by the Riverside County ALUC, dated July 13, 2017, that the proposed Project is inconsistent with the 2004 Flabob ALUP, should be overruled because:
(a) The proposed Project minimizes the public’s exposure to excessive noise and safety hazards within areas around the Flabob Airport in that:
1) None of the proposed on-site structures penetrate Flabob Airport’s obstruction criteria . As identified in the Aviation Report prepared by Williams Aviation Consultants and dated January 23, 2018 (“Aviation Report”) , at the study location, a proposed building will not penetrate the Flabob Airport (RIR) Obstruction Criteria if it does not exceed approximately 887’ Above Mean Sea Level (AMSL) on the so uth west corner and increases in height to the east. The RIR Obstruction Surfaces over the subject property are approximately 780’ Above Ground Level (AGL). A proposed 39’6" building will not penetrate this surface. 2) None of the proposed on-site structures penetrate Flabob Airport’s area of navigation. As identified in the Aviation Report, the proposed Project is located outside of the Flabob Airport (RIR) Area of Navigation (RNAV) (GPS) Obstacle Clearance Surfaces (OCS).
3) The highest building elevation fo r any of the proposed on-site structures is 39’ -6” versus the required 780’ maximum height. As identified in the Aviation -16-
Report, at the study location, the proposed Project building will not penetrate Circle -to-Land Obstacle Clearance Surfaces (OCS) at F labob Airport (RIR) if it does not exceed 1,560' AMSL (approximately 780' AGL (Above Ground Level)).
4) With an approximate ground elevation of 780’ Above Ground Level (AGL) the proposed 39’-6" Project building will not exceed Runway 06 Departure ICA and Flabob Airport will not have to modify its departure procedures. As identified in the Aviation Report, at the study location, proposed buildings will not penetrate Departure Initial Climb Area (ICA) Standard Climb Gradient of 200 ft. per Nautical Mile (NM) a t RIR if it does not exceed 832’ AMSL (approximately 52’ AGL). Additionally, at the study location, proposed buildings will not penetrate Departure ICA Climb Gradient of 480 ft. per NM at RIR if it does not exceed 922’ AMSL (approximately 142’ AGL).
5) With an approximate ground elevation of 780' Above Ground Level (AGL), the proposed 39'-6" Project building will not penetrate the RIR VFR Traffic Pattern . As identified in the Aviation Report, at the study location, the proposed Project building will not penetrate RIR VFR (Visual Flight Rule) Traffic Pattern if it does not exceed approximately 887' AMSL on the south west corner and increases in height to the east. With an approximate ground elevation of 780' Above Ground Level (AGL) a proposed 39'6" building will not penetrate the RIR VFR Traffic Pattern.
6) The Project area is located outside of the Flabob Airport’s 65 DNL noise contour mapped area and, as such, the Project would not be exposed to noise levels that exceed the daily noise limits set by the ALUP. As identified in the Aviation Report, most land uses are considered to be compatible with airport noise that does not exceed 65 dB, although Part 150 declares that "acceptable" sound levels should be subject to local conditions and community decisions. Nevertheless, a 65 dB is generally identified as the threshold level of aviation noise, and other sounds of community noise, which are "significant." Based on the 2004 noise contour map for RIR (Figure 1), it is clearly shown that the proposed Project is located outside the 65 DNL noise contour.
7) The area adjacent to the subject property is primarily residential with some commercial/industrial use. The area in between Flabob Airport and the Project site is open space near Flabob Airport and predominately re sidential thereafter. The area to the east of the Project site is open space (the Santa Ana River). The open space near Flabob Airport, combined with the large undeveloped space along the Santa Ana River provides an unusually large area in case an aircra ft suffering a catastrophic failure require s an emergency landing location. The proposed Project does not, in any way, diminish this opportunity. While the ALUP Safety Zone C limits new residential development to a density of only one (1) dwelling per five (5) acres and limits the maximum commercial occupancy to one hundred fifty ( 150) persons per one (1) acre, the ALUP is clearly inconsistent with the goals and policies within the Rubidoux Overlay, the R - VC Zone and the Rubidoux Village Design Workbook (RVDW), which encourages neighborhood town centers with FARs up .70 and high density housing developments. Furthermore, the ALUP is inconsistent with the Housing Element of the 2017 Jurupa Valley General Plan, which promotes high density, affordable housin g units. Furthermore, the proposed Project is consistent with the criteria contained in the ALUP as related to Flabob Airport and does not propose to contain any of the “Prohibited Uses” established by the ALUP.
ATTACHMENT NO. 3
Ordinance No. 2020-10
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ORDINANCE NO. 2020-10
AN ORDINANCE OF THE CITY OF JURUPA VALLE Y,
CALIFORNIA, APPROVING AN AMENDME NT TO THE
CITY OF JURUPA VALLE Y OFFICIAL ZONING MAP
CHANGING THE ZONE OF APPROXIMATELY 1.79
ACRES OF REAL PROPERTY LOCATED ON THE
NORTHEAST CORNER OF MISSION BOULEVARD AND
CRESTMORE ROAD (APN: 179-330-005) FROM
RUBIDOUX-VILLAGE COMMERCIAL (R-VC), MULTIPLE
FAMILY DWELLINGS (R-2), AND LIGHT AGRICULTURE
(A-1) ZONES TO RUBID OUX-VILLAGE COMMERCI AL
(R-VC) ZONE , APPROVING AN AMEND MENT TO THE
CITY OF JURUPA VALLE Y OFF ICIAL ZONING MAP
CHANGING THE ZONE OF APPROXIMATELY 5.17
ACRES OF REAL PROPER TY LOCATED ON THE
NORTHEAST CORNER OF MISSION BOULEVARD AN D
CRESTMORE ROAD (APNS : 179-330-002, -003, -004 AND -
006) FROM RUBIDOUX-VILLAGE COMMERCIAL (R-VC),
MULTIPLE FAMILY DWEL LINGS (R -2), AND LIGHT
AGRICULTURE (A -1) ZO NES TO GENERAL
RESIDENTIAL (R -3) ZO NE, AND MAKING FINDING S
PURSUANT TO CEQA
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Project. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) Northtown Housing Development (the “Applicant”) has applied for General Plan Amendment No. 16006, Change of Zone No. 16011, Tentative Parcel Map No. 37126, Site Development Permit No. 16043, and an overruling of an Airport Land Use Commission determination (collectively, Master Application No. 16224 or MA No. 16224) to permit the subdivision of approximately 6.93 gross acres into 2 parcels on real property located on the northeast corner of Mission Boulevard and Crestmore Road (APNs: 179-330-002, -003, -004, - 005, and -006) in the Rubidoux-Village Commercial (R-VC), Multiple Family Dwellings (R-2), and Light Agricultural (A-1) Zones and designated Commercial Retail (CR) and Medium High Density Residential (MHDR) with Rubidoux Town Center (RTCO), Flabob Municipal Airport (FLO), and Santa Ana River Corridor (SRO ) Overlays to allow for a mixed -use development project consisting of a 30,715 square foot commercial building on a 1.79 acre parcel and sixty - eight (68) multi-family affordable housing dwelling units on a 5.14 acre parcel. (b) All of the components of Master Application No. 16224 shall collectively be known as the “Project.” Change of Zone No. 16011 is the subject of this Ordinance.
ATTACHMENTS NO. 4
City Council Staff Report for MA16224
Page | 1
120
STAFF REPORT
DATE: OCTOBER 29, 2020
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: THOMAS G. MERRELL, AICP, PLANNING DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.C
CONTINUED PUBLIC HEARING TO CONSIDER MASTER
APPLICATION (MA) NO. 16224: GENERAL PLAN AMENDMENT (GPA) NO. 16006, CHANGE OF ZONE (CZ) NO. 16011, TENTATIVE PARCEL MAP (TPM) NO. 37126 AND SITE DEVELOPMENT PERMIT (SDP) NO. 16043 FOR MISSION GATEWAY PLAZA & MISSION GATEWAY VILLAS (A MIXED -USE PROJECT CONSISTING OF COMMERCIAL AND 57-
UNIT MULTI -HOUSING DEVELOPMENT) LOCATED AT THE
NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE
ROAD (APNS: 179 -330-002, 003, 004, 005 & 006) (APPLICANT:
NORTHTOWN HOUSING DEVELOPMENT CORPORATION)
(CONTINUED FROM THE OCTOBER 1, 2020 MEETING)
RECOMMENDATION
1) That the City Council adopt Resolution No. 2020-54 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR A MIXED -USE DEVELOPMENT PROJECT ON APPROXIMATELY 7.13 GROSS ACRES LOCATED
ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006), OVERRULING THE AIRPORT LAND USE COMMISSION ’S DETERMINATION OF INCONSISTENCY , AND APPROVING GENERAL PLAN AMENDMENT NO. 1 6006, TENTATIVE PARCEL MAP NO. 37126 , AND SITE DEVELOPMENT PERMIT NO. 16043 TO PERMIT THE SUBDIVISION OF APPROXIMATELY 7.13 GROSS ACRES
LOCATED ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006) INTO 2
PARCELS TO ALLOW FOR A MIXED-USE DEVELOPMENT PROJECT
RETURN TO AGENDA
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2) That the City Council conduct a first reading and introduce Ordinance No. 2020 -10, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY OFFICIAL ZONING MAP CHANGING THE ZONE OF APPROXIMATELY 1. 81
ACRES OF REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, - 004, -005, AND -006 ) FROM RUBIDOUX -VILLAGE COMMERCIAL (R -VC), MULTIPLE FAMILY DWELLINGS (R-2), AND LIGHT AGRICULTURE (A-1) ZONES
TO RUBIDOUX -VILLAGE COMMERCIAL (R -VC) ZONE, APPROVING AN
AMENDMENT TO THE CITY OF JURUPA VALLEY OFFICIAL ZONING MAP CHANGING THE ZONE OF APPROXIMATELY 5.20 ACRES OF REAL PROPERTY
LOCATED ON THE NORTHEAST CORNER OF MISSIO N BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006 ) FROM
RUBIDOUX-VILLAGE COMMERCIAL (R-VC), MULTIPLE FAMILY DWELLINGS (R- 2), AND LIGHT AGRICULTURE (A-1) ZONES TO GENERAL RESIDENTIAL (R -3)
ZONE, AND MAKING FINDINGS PURSUANT TO CEQA
BACKGROUND
On August 6, 2020, the City Council held a public hearing to consider a request by the Applicant (“Applicant” or “Northtown Housing Development Corporation ”) for General Plan Amendment (GPA) No. 16006, Change Of Zone (CZ) No. 16011, Tentative Parcel Map (TPM) No. 37126 and Site Development Permit (SDP) No. 16043 for “Mission Gateway Plaza & Mission Gateway Villas” (hereafter, the “Project”), a mixed-use project consisting of a commercial building and 68 -unit, affordable multi-family housing development project.
After careful consideration and discussion, the City Council voted to continue the item to September 3, 2020 and requested that the Applicant address the following items:
1. Protect views to Mount Rubidoux
2. Reduce street parking and consider permit parking
3. Consideration on reducing the number of residential units to meet code required parking spaces
4. Eliminate parking spaces south of Mission Boulevard
5. Add gateway sign to the project identifying City of Jurupa Valley
6. Increase fence height between the residential and commercial parcels from six (6) to eight (8) feet.
The August 6, 2020 City Council staff report is provided as an Attachment to this report.
On September 3, 2020, the City Council held a public hearing to consider this continued item and, on a 4-0 vote, recommended that this item be continued to the October 1, 2020 City Council public hearing in order to allow the Applicant additional time to address the Council’s comments and revise the plans accordingly.
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At the October 1, 2020 City Council meeting, C ouncil opened the public hearing and, upon request by the Applicant, continued the public hearing for this item to their October 15, 2020 City Council meeting.
ANALYSIS
In revising the plans to address the City Council ’s comments, the Applicant ’s Engineer corrected the property boundary of Parcels 1 and 2 which resulted in a slight increase in Parcel 1 from 1.79 to 1.81 acres and Parcel 2 from 5.14 to 5.20 acres. The increase in area also allowed the Applicant to add five (5) on -site parking spaces for commercial Parcel 1 and add an additional tot-lot area to residential Parcel 2.
The Applicant has revised the development plans to address the City Council’s comments at the August 6, 2020 public hearing . A summary of the Applicant ’s responses are as follows:
1. Protect Views to Mount Rubidoux
The plans were revised by eliminating the second story from Residential Bldgs. 1, 2 and 3 and Commercial Bldg. 15. Thereby, making these buildings one-story. The change from two to one-story on these four (4) structures now allow the residential land uses on the west side of Crestmore Road to have views of Mount Rubidoux.
See the Building “A.1” Plans and Exterior Elevations sheet within the development plans provided as an attachment to this report.
a. The reduction in the heights of four (4) proposed buildings along Crestmore Road (3 Residential and 1 Commercial) to one -story structures makes the project more in scale and compati ble to the existing single -family homes located across the street along Crestmore Road. The residential development was reduced from 95,862 to 83,032 square feet and the commercial development was reduced from 30,715 to 28,015 square feet. b. The revised plans eliminated 11 residential dwelling units, from 68 to 57 units, and reduced the parking requirements of the residential use from 177 spaces to 151 (includes 2 employee parking spaces). The reduction of two- story units to one-story reduced the required parking without changing the Site Plan layout. The residential development contains 155 on-site parking spaces, which complies with the J urupa Valley Municipal Code (JVMC) parking requirements, plus accommodates three (3) additional spaces above the required 151 spaces.
b. With the elimination of a portion of the second floor for Commercial Bldg. 15, t he building was reduced by 2,700 sq.ft. Additionally, due to the engineer’s correction in the TPM boundary line, the Applicant was able to add five (5) additional parking spaces to the on -site commercial parking spaces. As a result, per the JVMC, the commercial development now requires 125 parking spaces , 78 spaces are provi ded on-site and 47 are Page | 4
proposed as street parkin g. Street parking is permitted within the RV-C (Rubidoux Village Commercial) zone so long as the parking is proposed within 600 feet of the subject site and not more than 50% of the required parking is propo sed as street parking . The project proposes 37% of the required parking as street parking and the revised plans have reduced street parking by 16 spaces. Street parking is also encouraged within the framework of the Rubidoux Village Design Workbook to encourage pedestrian activity and commercial village centers located close to residential land uses.
2. Reduce Street Parking and Consider Permit Parking
a. As described in Section No. 1 abovementioned, the Commercial property will now have 78 on-site parking spaces and 16 street parking spaces have been eliminated to now provide 47 street parking spaces. The Applicant indicates that since the office use is expected to close by 6 p .m. and retail is expected to close by 9 p.m., no parking will be utilized on the Commercial Parcel between 10:00 pm and 8:00 am.
b. The anticipated hours of operation , therefore, between office and commercial use should minimize the impact of parking on th e surrounding area and will eliminate any overnight street parking. An agreement with the commercial development will allow any overflow parking from the Apartment project to utilize the available parking on the Commercial property in the evening and early morning, eliminating the need for any guests to park on the street in the surrounding neighborhood. However, since the residential project is now parked to meet JVMC requirements, this should not be an issue.
c. The Applicant is in support of having permit parking in the residential neighborhood to the west and north of the project site to prohibit residents or commercial customers from parking in those areas. However, with the reduction in the number of residential units and on-site overnight parking available within the adjacent commercial center, overnight street parking should no longer be an issue. As for the 47 proposed street parking spaces, these spaces would primarily be utilized between the hours of 8 a.m. to 6 p.m., when most residents are not home. Additionally, the Applicant has worked with staff and the Engineering Department to strategically place the street parking spaces away from the front of any homes, see Section 4 below and refer to the Public Parking 600’ Radius Map exhibit within the development plans provided as an attachment to this report.
3. Consideration on Reducing the Number of Residential Units to Meet Code Required Parking Spaces
Please refer to Sections Nos. 1 and 2 abovementioned.
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4. Eliminate Parking Spaces South of Mission Boulevard
a. By reducing the square footage of a portion of Commercial Bldg. 1 5 from two to one-story, the Applicant has omitted 20 proposed parking spaces on Crestmore Road south of Mission Boulevard and has added four (4) street parking spaces on Crestmore Road, north of Mission Blvd in front of the project site.
b. The reduction in commercial square footage also reduced t he parking required for the commercial use by 11 spaces. In addition, five (5) additional parking spaces were added to the commercial property due to an increase in the site area which was discovered during the civil engineer ’s survey analysis.
c. Street parking for the commercial use has been reduced by 16 spaces, from 63 to 47. Street parking is now proposed as follows:
15 spaces on Mission Boulevard
15 spaces along the south side of 37th Street adjacent to the former County’s fleet services facility
Three (3) spaces on the west side of Crestmore Road between Mission Blvd. and 37th Street
14 spaces along the east side of Crestmore Road adjacent to the project site.
Please reference the revised Public Parking 600’ Radius Map exhibit within the development plans provided as an attachment to this report.
5. Add Gateway Sign to Project Identifying City of Jurupa Valley The site plan was revised to incorporate a pylon/ monument sign which will incorporate City identification at southeast corner of the property for vehicles traveling west bound along Mission Boulevard. Please refer to the revised Site Plan attached to this report for location. The sign could feature the City Logo and “Welcome to Rubidoux” or other identification suggested by the City Council.
Per the project’s Conditions of Approval, a Master Sign Program shall be approved by the Planning Director prior to the issuance of the first Building permit of the project. The applicant shall submit a Site Development Permit (SDP) to the Planning Department for review and appro val of the Master Sign Program by the Planning Director. The Master Sign Program shall meet the following requirements:
(1) Demonstrate consistency with Title 9 (Planning and Zoning) including the maximum surface area for wall signs; (2) All signage, including freestanding signs, shall incorporate the overall development’s architectural theme.
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6. Increase Fence Height between the Residential and Commercial Parcels from Six (6) to Eight (8) Feet.
In response to Council’s concerns to raise the proposed fencing between both the commercial and residential parcels, the Applicant has revised their plans increasing the 6-foot high fence to 8-feet high fence from the main driveway entry into the project (after the monument signage) along the commercial drivewa y including raising the residential gates to 8-feet in height. The fence/wall was also increased in height from 6 to 8 feet along the rear of the commercial parcel where it connects to the residential parcel adjacent to Building 14. Both fences connect to the Community Center Building. This will provide increased security to the residents within the Residential parcel.
REVISED PROJECT DESCRIPTION
The Project is a proposed mixed-use development consisting of a 1.81-acre parcel for a 28,015 square foot commercial building (ranging from two to one-story) and a 5.20-acre parcel for a 57-unit multi-family affordable housing development totaling 83,032 square feet. The Project includes ground level parking; landscaping; internal paving and walkways; community center and pool facility space.
The Applicant has submitted the following applications:
1. General Plan Amendment (GPA) No. 16006: Change existing land use designation from Commercial Retail (CR) and Medium High Density Residential (MHDR: 5 to 8 dwelling units per acre) to Commercial Retail (CR) for the 1.81-acre commercial parcel and High Density Residential (HDR: 8 to 14 dwelling units per acre) for the 5.20-acre residential parcel.
2. Change of Zone (CZ) No. 16011: Change the zone classification from R -VC (Rubidoux-Village Commercial), R -2 (Multiple Family Dwellings) and A -1 (Light Agriculture) to R -VC (Rubidoux-Village Commercial) for the 1. 81-acre commercial parcel and R-3 (Multiple Family Dwellings) for the 5.20 acre residential parcel.
3. Tentative Parcel Map (TPM) No. 37126: Parcel map to merge five (5) parcels and create two (2) parcels: Parcel 1 would be a 1. 81-acre parcel for commercial development and Parcel 2 would be a 5.20-acre parcel for residential development.
4. Site Development Permit (SDP) No. 16043: For the construction of the (a) commercial development on a 1 .81-acre parcel and (b) 57-unit multi -family affordable housing development with community center, pool and maintenance building, and covered and uncovered ground level parking, on a 5. 20-acre parcel.
The Project includes landscaping, internal paving and walkways.
The project site (comprised of five (5) parcels) is located at the northeast corner of Mission Boulevard and Crestmore Road within the Rubidoux Overlay. The site is bounded by Crestmore Road on the west followed by the County of Riverside Fleet Services facility further to the west, single-family residential development and vacant land to the north, the Page | 7
Santa Ana River to the east, Riverside County Flood Control and Water Conservation District maintenance access road to the immediate south and Mission Boulevard to the south with a mobile home park and va cant land further to the south. Exhibit 1 provides an aerial view of the project site.
EXHIBIT 1: AERIAL VIEW
PROJECT’S CONSISTENCY WITH JVMC AND GENERAL PLAN
The Project adheres to the applicable goals and policies within the General Plan and is consistent with the requirements in the City’s zoning code (with approval of the GPA, CZ, and overruling of ALUC ’s inconsistency decision). The Project will revitalize a currently blighted and underutilized vacant parcel and will promote the vision within the Rubidoux Village Design Workbook, the Rubidoux Overlay and the R -VC Zone. The Project encompasses village town center design elements and land uses which are consi stent with the General Plan goals and policies.
The Project ’s attractive Craftsman architectural theme, multiple residential amenities, decorative perimeter walls/fencing, landscape screening, and overall site improvements makes this development a showcase project. Additionally, the Project will become a landmark development at the eastern gateway into the City as well as serve to revitalize the downtown Rubidoux village. Potential impacts have been analyzed within the EIR, Facts and Findings and also withi n the proposed Mitigation Monitoring and Reporting Program to reduce any impacts to a “less than significant level.” Subject Site
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CONCLUSION
The Rubidoux Overlay area has been the focus of special assistance in terms of redevelopment funding and public improvements. To continue the improvements begun under the County of Riverside’s Jurupa Valley Redevelopment Plan (JVRP), the General Plan provides several land use policies. To implement the policies further, the Rubidoux Village Commercial (RV-C) zone, a Rubidoux Village Sign Program, and shared parking provisions have been established for this area. In addition, the Rubidoux Village Design Workbook provides a set of guidelines intended to improve the architectural aesthetics of the downtown Rubidoux area in support o f the economic development strategy as outlined in the JVRP.
Over the past several years, the Applicant has worked closely with Planning and Engineering staff to meet the JVMC requirements and the goals and policies of the General Plan, including the visio n of the Rubidoux Town Center Overlay, the Rubidoux Village Design Workbook and the R-VC zone which include the following elements:
Revitalization efforts on the commercial strip on each side of Mission Boulevard in the Rubidoux area from Crestmore (at the Santa Ana River bridge) to Riverview. Revitalization and economic stimulus of vacant, underutilized and dilapidated buildings and parcels.
Emphasis on an economic development strategy to promote economic development which in turn will lead to job growth and economic sustainability. The Mission Boulevard district must function as a classic neighborhood, both because of and in spite of its commercial orientation. This means having a center of focus; definable edges; safe and walkable streets; civic facilities and public open space; and an appropriate mix of uses.
Increase in affordable housing units to comply with the State’s mandated Regional Housing Needs Assessment (RHNA) numbers.
The Applicant has revised their development plans to meet the City Council’s discussion items, including reducing four (4) of their structures from two to one -stories. With the overall changes and concessions made to the project, staff believes that the City Council’s concerns have now been addressed.
FINANCIAL IMPACT
Staff time to process this application will be covered by a developer application deposit.
No additional costs to the City are anticipated.
ALTERNATIVES
1. Recommended Action: That the City Council adopt Resolution No. 2020 -54 and introduce and conduct the first r eading of Ordinance No. 2020 -10 to do the following:
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7. Adopted Planning Commission Resolution No. 2020-05-27-03 without exhibits as these exhibits are the same as the one attached to Resolution No. 2020-54)
8. Planning Commission Staff Report from May 27, 2020 with all attachments, except for Resolution No. 2020-05-27-03 and Project Plans.
9. Planning Commission Minutes from March 27, 2020
10. ALUC’s May 11, 2017 Staff Report
11. ALUC’s June 8, 2020 Letter
12. Project Plans (Architectural Set; Tentative Parcel Map, Civil Set and Concept Landscape Plan Set) dated 10-1-20
ATTACHMENT NO. 5
Approved Architectural Plans
Sheet #01 of 36
Sheet Index:
01 - Vicinity Maps, Sheet Index
02 - Rubidoux Village Planning Maps
03 - Site Utilization Map (300'r.), Street Sections
04 - Conceptual Site Plan
05 - Existing Tree Survey
06 - Preliminary Grading & Drainage Plan (1 of 3)
07 - Preliminary Grading & Drainage Plan (2 of 3)
08 - Preliminary Grading & Drainage Plan (3 of 3)
09 - Tentative Parcel Map 37256 (1 of 2)
10 - Tentative Parcel Map 37256 (2 of 2)
11 - Conceptual Landscape Plan
12 - Tree Shade Covering at Parking Plan
13 - Site Lighting Plan
14 - Site Plan Photometric Analysis
15 - Fire Access & Truck Circulation Site Plans
16 - Commercial Building 1st Floor Plan
17 - Commercial Building 2nd Floor Plan
18 - Commercial Building Exterior Elevations (colored)
19 - Commercial Building Exterior Elevations (material notes) 20 - Community Building Floor Plan & Exterior Elevations 21 - Building "A.1" Floor Plans & Exterior Elevations
22 - Building "A.2" Floor Plans & Exterior Elevations
23 - Building "B.1" Floor Plans & Exterior Elevations
24 - Building "B.2" Floor Plans & Exterior Elevations
25 - Building "C" Floor Plans & Exterior Elevations
26 - Landscaping Materials (Plants, Paving, Amenities)
27 - Recreation Area Plan View Enlargement
28 - Children's Tot Lots Plan View Enlargements
29 - Accessory Buildings & Structures
30 - Landscaping Structures (Picnic Canopies, Entry Gateways) 31 - Details (Light Fixtures, Bicycle Racks, Benches, Trash Cans) 32 - Site Walls & Fencing
33 - Public Parking 600' Radius Map
34 - Pylon Sign Street Views
35 - Maintenance Exhibit
36 - Street View Comparison: One Story vs. Two StoryOctober 01, 2020 Sheet #02 of 36
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ATTACHMENT NO. 6
Previous Environmental Document Report
ATTACHMENT NO. 7
Time Extension Request Letter
10071 Feron Blvd., Rancho Cucamonga, CA 91730
909-484-7140
October 18, 2023
Mr. Roberto Gonzales, Senior Planner
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Ref: Extension of Time Request for TPM
Dear Mr. Gonzales,
Northtown Housing Development Corporation (NHDC) is requesting an extension of time of Our Tentative Parcel Map to complete steps necessary to develop the project:
1. Consultants are short-staffed and running into difficulties in hiring experienced staff since the pandemic.
2. Rubidoux Gateway Villas & Plaza is an affordable housing project and funding is very competitive and
NHDC is in the process of having construction drawing approvals which will allow us to pull grading permits, and/or building permits and has requested that all its consultants continue to expedite the completion of all contracted work to allow NHDC to record the final parcel map.
NHDC appreciates your consideration of this request. Please feel free to give me a call to discuss this matter or any additional information you may require to provide extension of our tentative parcel map.
Regards,
Debi Myers
Sr. Housing Project Manager
ATTACHMENT NO. 8
Conditions of Approval
MISSION GATEWAY PLAZA & MISSION GATEWAY VILLAS (MA16224) OCTOBER 1, 2020 CONDITIONS OF APPROVAL (GPA16006, CZ16011, TPM37126 AND SDP16043) CITY COUNCIL RESOLUTION NO. 2020-54