Agenda — Jurupa Valley City Council, December 21, 2023 (part 1 of 5)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, December 21, 2023
Closed Session: 6:00 p.m.

Regular Meeting: 7:00 p.m.

City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 6:00 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

2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez Salazar, et al. (Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v.

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 of 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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Juan Carmelo Nunez, et al. (Riverside Superior Court Case No. CVRI2202444).

3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED

SESSION

4. 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

5. CITY COUNCIL REORGANIZATION
Pursuant to Resolution No. 2013-01, the City Council shall select from among its members a Mayor and Mayor Pro Tem to serve for the following year. The Mayor and Mayor Pro Tem shall take office on January 1 of each year. The term of office for the Mayor and the Mayor Pro Tem shall be a calendar year from January 1 through December 31.

A. ELECTION OF MAYOR
Requested Action: That the City Council nominate and elect one of its members to serve as Mayor for a term expiring December 31, 2024.

B. ELECTION OF MAYOR PRO TEM
Requested Action: That the City Council nominate and elect one of its members to serve as Mayor Pro Tem for a term expiring December 31, 2024.

6. INVOCATION

7. PLEDGE OF ALLEGIANCE

8. APPROVAL OF AGENDA

9. PRESENTATIONS

10. PUBLIC APPEARANCE/COMMENTS
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11. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

12. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION AND FINANCE
COMMITTEE MEETING OF DECEMBER 13, 2023
B. MAYOR PRO TEM GUILLERMO SILVA

1. UPDATE ON THE NORTHWEST MOSQUITO AND VECTOR
CONTROL DISTRICT MEETING OF DECEMBER 19, 2023
C. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE METROLINK/SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF DECEMBER 8,
2023

2. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION MEETING OF DECEMBER 13, 2023

3. UPDATE ON THE RIVERSIDE TRANSIT AGENCY MEETING OF
DECEMBER 14, 2023

13. CITY MANAGER’S UPDATE

14. APPROVAL OF MINUTES
A. DECEMBER 7, 2023 REGULAR MEETING
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 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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15. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.)
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.

B. ORDINANCE NO. 2023-18
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-18, 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
(CZ 23007) OF APPROXIMATELY 9 ACRES OR REAL PROPERTY

LOCATED NORTH OF MISSION BOULEVARD BETWEEN CAMINO
REAL AND SOTO AVENUE (APNS: 174-160-003, 174-160-010, 174-180-021, AND 174-150-022) FROM LIMITED AGRICULTURE (A-1) TO GENERAL COMMERCIAL (C-1/C-P) AND DETERMINE THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
C. ADOPTION OF RESOLUTIONS REGARDING THE ANNEXATION OF
ZONE AA (CANTU GAS PM 37679) TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”),

NORTHWEST CORNER OF CANTU GALLEANO RANCH ROAD AND

PIER ENTERPRISES WAY INTERSECTION

1. Requested Action: That the City Council adopt Resolution No. 2023-97, entitled:

A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, INITIATING PROCEEDINGS

FOR THE ANNEXATION OF TERRITORY TO CITY OF JURUPA

VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1-CONSOLIDATED AS ZONE AA AND THE

LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH
TERRITORY FOR FISCAL YEAR 2024-2025 PURSUANT TO THE
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PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

2. Requested Action: That the City Council adopt Resolution No. 2023-98, entitled:

A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, APPROVING THE REPORT OF

THE ENGINEER REGARDING THE PROPOSED ANNEXATION

OF TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE
AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-

CONSOLIDATED AS ZONE AA AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN THE CITY OF
JURUPA VALLEY LIGHTING DISTRICT NO. 89-1-
CONSOLIDATED FOR FISCAL YEAR 2024-2025

3. Requested Action: That the City Council adopt Resolution No. 2023-99, entitled:

A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, DECLARING ITS INTENTION

TO ANNEX TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED AS ZONE AA AND TO LEVY AND

COLLECT ASSESSMENTS WITHIN SUCH TERRITORY FOR
FISCAL YEAR 2024-2025 PURSUANT TO THE PROVISIONS OF
PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS
D. APPROVAL OF ACQUISITION OF REAL PROPERTY FROM LENNAR

HOMES OF CALIFORNIA, LLC, CONSISTING OF FOUR LOTS WITH A CUMULATIVE AREA OF 3.8 ACRES

1. Requested Action: That the City Council adopt Resolution No. 2023-100, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, AUTHORIZING ACCEPTANCE OF THE
GRANT DEED FOR APN: 157-190-006, 157-190-007, 157-190-008, 157-190-009 PURSUANT TO GOVERNMENT CODE SECTION 7050
AND DEVELOPMENT AGREEMENT NO. 1302 AS A PART OF

THE APPROVAL OF THE RIVERBEND COMMUNITY
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2. That the City Council authorize the Mayor to sign the Certificate of Acceptance of the quitclaim deed and authorize the City Manager to execute all property transfer documents on behalf of the City.

16. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

17. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF MASTER APPLICATION (MA) NO. 17132:
"RUBIDOUX COMMERCE PARK" – 1.18 MILLION SQUARE-FOOT
INDUSTRIAL PARK WITH 5 BUILDINGS; LOCATED EASTERLY OF

MONTANA AVENUE, WESTERLY OF WEST RIVERSIDE CANAL,
SOUTHERLY OF 25TH STREET, NORTHERLY OF 28TH STREET, AND

TWO PARCELS LOCATED SOUTHEAST OF THE WEST RIVERSIDE
CANAL AND NORTHWEST OF AVALON STREET AND EAST OF 28TH
STREET; (APPLICANT: PROFICIENCY CAPITAL, LLC)
(CONTINUED FROM THE DECEMBER 7, 2023 MEETING)
Requested Action: That the City Council conduct a public hearing, receive public testimony, and consider the following two options:

1. Affirm the Planning Commission action and Adopt Resolution No. 2023- 101 to deny the project, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, DENYING MASTER APPLICATION NO.
17132 CONSISTING OF CHANGE OF ZONE (CZ 21003),
TENTATIVE PARCEL MAP NO. 37677 (TPM 37677), SITE
DEVELOPMENT PERMIT NO. 19008 (SDP 19008), AND A
DEVELOPMENT AGREEMENT NO. 19001 (DA 19001)

BETWEEN THE CITY AND PROFICIENCY CAPITAL, LLC TO
PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18

MILLION SQUARE FOOT INDUSTRIAL PARK WITH FIVE

BUILDINGS LOCATED, WESTERLY OF WEST RIVERSIDE
CANAL, SOUTHERLY OF 25TH STREET, NORTHERLY OF
28TH STREET, AND TWO PARCELS LOCATED SOUTHEAST

OF THE WEST RIVERSIDE CANAL AND NORTHWEST OF
AVALON STREET, AND EAST OF 28TH STREET, AND MAKING

A FINDING PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (RUBIDOUX COMMERCE
PARK)

2. Approve the project by:

A. Adopting Resolution No. 2023-102, entitled:

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY CERTIFYING AN ENVIRONMENTAL

IMPACT REPORT, MAKING FINDINGS, ADOPTING A

MITIGATION MONITORING AND REPORTING

PROGRAM, AND ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS
B. Introducing and conducting a first reading of Ordinance No. 2024- 01, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY APPROVING CHANGE OF ZONE
NO. 21003 (CZ 21003) TO CHANGE THE ZONE FROM
MEDIUM-MANUFACTURING TO MANUFACTURINGSERVICE COMMERCIAL TO PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION

SQUARE FOOT INDUSTRIAL PARK WITH FIVE

BUILDINGS LOCATED WESTERLY OF WEST RIVERSIDE
CANAL, SOUTHERLY OF 25TH STREET, NORTHERLY
OF 28TH STREET, AND TWO PARCELS LOCATED

SOUTHEAST OF THE WEST RIVERSIDE CANAL AND
NORTHWEST OF AVALON STREET, AND EAST OF 28TH

STREET (RUBIDOUX COMMERCE PARK)
C. Introducing and conducting a first reading of Ordinance No. 2024- 02, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, APPROVING DEVELOPMENT
AGREEMENT NO. 19001 (DA 19001) BETWEEN THE CITY

AND PROFICIENCY CAPITAL, LLC TO PERMIT THE
CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION

SQUARE FOOT INDUSTRIAL PARK WITH FIVE

BUILDINGS LOCATED WESTERLY OF WEST RIVERSIDE
CANAL, SOUTHERLY OF 25TH STREET, NORTHERLY
OF 28TH STREET, AND TWO PARCELS LOCATED

SOUTHEAST OF THE WEST RIVERSIDE CANAL AND
NORTHWEST OF AVALON STREET, AND EAST OF 28TH

STREET (RUBIDOUX COMMERCE PARK)
D. Adopting Resolution No. 2023-103, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, APPROVING
MASTER APPLICATION NO. 17132 CONSISTING OF
TENTATIVE PARCEL MAP NO. 37677 (TPM 37677) AND
SITE DEVELOPMENT PERMIT NO. 19008 (SDP 19008), TO
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PERMIT THE CONSTRUCTION OF AN APPROXIMATE

1.18 MILLION SQUARE FOOT INDUSTRIAL PARK WITH

FIVE BUILDINGS LOCATED WESTERLY OF WEST
RIVERSIDE CANAL, SOUTHERLY OF 25TH STREET,
NORTHERLY OF 28TH STREET, AND TWO PARCELS

LOCATED SOUTHEAST OF THE WEST RIVERSIDE

CANAL AND NORTHWEST OF AVALON STREET, AND
EAST OF 28TH STREET (RUBIDOUX COMMERCE PARK)
E. The City Council initiate a Code Amendment that introduces appropriate standards and broadens the areas within the City where educational facilities can be located, including the M-SC Zone.

B. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 21272 LAS PALMAS: GENERAL PLAN AMENDMENT (GPA) NO. 21009; CHANGE OF ZONE (CZ) NO. 21011 AND TENTATIVE TRACT MAP
(TTM) NO. 37857 AND ADOPTION OF A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM; PROJECT: LAS PALMAS PLANNED RESIDENTIAL
DEVELOPMENT - SUBDIVIDE 3.84 ACRES OF LAND INTO 36 LOTS FOR SINGLE-FAMILY DETACHED HOMES; LOCATION: NORTH OF
45TH STREET BETWEEN OPAL STREET AND PACIFIC AVENUE (APNs:
182-190-015, 182-190-016, AND 182-190-017); (APPLICANT: RC HOBBS

COMPANY)

1. Requested Action: That the City Council conduct a public hearing, receive public testimony, and:

2. Adopt Resolution No. 2023-104, entitled:

CITY COUNCIL OF JURUPA VALLEY ADOPTING A

MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM TO ALLOW FOR
THE SUBDIVISION AND DEVELOPMENT OF 36 SINGLEFAMILY DETACHED HOMES ON A 3.84-ACRE SITE LOCATED NORTH OF 45TH STREET, BETWEEN OPAL STREET AND
PACIFIC AVENUE (APN: 182-190-015, 182-190-016, and 182-190- 017) (LAS PALMAS PROJECT)

3. Conduct the first reading and introduce Ordinance No. 2024-03, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY APPROVING AN AMENDMENT TO THE CITY

OF JURUPA VALLEY OFFICIAL ZONING MAP FOR CHANGE
OF ZONE NO. 21011 CONSISTING OF APPROXIMATELY 3.84
ACRES LOCATED NORTH OF 45TH STREET, BETWEEN OPAL
STREET AND PACIFIC AVENUE (APN: 182-190-015, 182-190-016, AND 182-190-017) CHANGING THE ZONING MAP FROM ONE
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FAMILY DWELLINGS (R-1) TO PLANNED UNIT

DEVELOPMENT (PUD) (LAS PALMAS PROJECT)

4. Adopt Resolution No. 2023-105, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY APPROVING TENTATIVE TRACT MAP NO.
37857 TO ALLOW FOR THE SUBDIVISION AND DEVELOPMENT
OF 36 SINGLE-FAMILY DETACHED HOMES ON A 3.84-ACRE
SITE LOCATED NORTH OF 45TH STREET, BETWEEN OPAL
STREET AND PACIFIC AVENUE (APN: 182-190-015, 182-190-016, AND 182-190-017) (LAS PALMAS PROJECT)
C. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 22153 (GPA22003, SP266A5, CZ22002, SP22001, TTM38504, DA22001) TO

ESTABLISH THE VERNOLA RANCH SPECIFIC PLAN TO ALLOW UP
TO 1,576 RESIDENTIAL DWELLING UNITS (SINGLE-FAMILY, MULTIFAMILY, TOWNHOMES, AND OTHER HOUSING TYPES),

RECREATION AREAS, A NETWORK OF TRAILS AND PARKS,

INTERNAL STREET NETWORK, OPEN SPACE, LANDSCAPING, AND
STREET IMPROVEMENTS ON 153-ACRES; SPECIFIC PLAN
AMENDMENT NO. 266A5 TO REMOVE PLANNING AREAS 10, 13, 15, AND 20 FROM THE I-15 CORRIDOR SPECIFIC PLAN; CHANGE OF
ZONE NO. 22002 TO APPLY THE VERNOLA RANCH SPECIFIC PLAN ZONE; DEVELOPMENT AGREEMENT NO. 22001; AND TENTATIVE
TRACT MAP NO. 38504 TO SUBDIVIDE 198.87 GROSS ACRES TO

ALLOW THE DEVELOPMENT, AND CERTIFY AN ENVIRONMENTAL

IMPACT REPORT, MAKING FINDINGS, ADOPTING A STATEMENT

OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM;
LOCATION: GENERALLY BOUNDED BY I-15 FREEWAY TO THE

WEST, PATS RANCH ROAD TO THE EAST, AND BELLEGRAVE TO
THE NORTH, LIMONITE TO THE SOUTH; (APPLICANT: MCCUNE &
ASSOCIATES, INC.)

1. Requested Action: That the City Council conduct a public hearing, receive public testimony, and:

2. Adopt Resolution No. 2023-106, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY CERTIFYING AN ENVIRONMENTAL IMPACT

REPORT, MAKING FINDINGS, ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM, AND ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE

VERNOLA RANCH SPECIFIC PLAN WHICH PROVIDES FOR
THE DEVELOPMENT OF APPROXIMATELY 1,576

RESIDENTIAL DWELLING UNITS, RECREATION AREAS,
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TRAIL AND PARK NETWORKS, OPEN SPACE, LANDSCAPING

AND STREET IMPROVEMENTS, INCLUDING AN OVERLAY

FOR A POTENTIAL SCHOOL SITE ON AN APPROXIMATELY
153-ACRE SITE GENERALLY BOUNDED BY I-15 FREEWAY TO

THE WEST, PATS RANCH ROAD TO THE EAST, AND

BELLEGRAVE TO THE NORTH (VERNOLA RANCH SPECIFIC

PLAN PROJECT)

3. Conduct the first reading and introduce Ordinance No. 2024-04, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY APPROVING CHANGE OF ZONE NO. 22002
TO CHANGE THE ZONE FROM ONE-(1) FAMILY DWELLINGS
MEDIUM MANUFACTURING (R-1) AND INDUSTRIAL PARK (IP) TO SPECIFIC PLAN (SP) ZONE TO PERMIT THE VERNOLA

RANCH SPECIFIC PLAN WHICH PROVIDES FOR THE
DEVELOPMENT OF APPROXIMATELY 1,576 RESIDENTIAL

DWELLING UNITS, RECREATION AREAS, TRAIL AND PARK

NETWORKS, OPEN SPACE, LANDSCAPING AND STREET

IMPROVEMENTS INCLUDING AN OVERLAY FOR A
POTENTIAL SCHOOL SITE, ON AN APPROXIMATELY 153-
ACRE SITE GENERALLY BOUNDED BY I-15 FREEWAY TO THE

WEST, PATS RANCH ROAD TO THE EAST, AND BELLEGAVE

TO THE NORTH (VERNOLA RANCH SPECIFIC PLAN PROJECT)

4. Conduct the first reading and introduce Ordinance No. 2024-05, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY APPROVING DEVELOPMENT AGREEMENT
NO. 22001 (DA 22001) BETWEEN THE CITY AND MCCUNE &

ASSOCIATES TO IMPLEMENT THE VERNOLA RANCH

SPECIFIC PLAN WHICH PROVIDES FOR THE DEVELOPMENT
OF APPROXIMATELY 1,576 RESIDENTIAL DWELLING UNITS,

RECREATION AREAS, TRAIL AND PARK NETWORKS, OPEN

SPACE, LANDSCAPING AND STREET IMPROVEMENTS

INCLUDING AN OVERLAY FOR A POTENTIAL SCHOOL SITE,
ON AN APPROXIMATELY 153-ACRE SITE GENERALLY
BOUNDED BY I-15 FREEWAY TO THE WEST, PATS RANCH

ROAD TO THE EAST, AND BELLEGRAVE TO THE NORTH
(VERNOLA RANCH SPECIFIC PLAN PROJECT)

5. Adopt Resolution No. 2023-107, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ADOPTING SPECIFIC PLAN NO. 22001,
SPECIFIC PLAN AMENDMENT NO. 266A5, AND TENTATIVE
TRACT MAP NO. 38504 TO IMPLEMENT THE VERNOLA

RANCH SPECIFIC PLAN WHICH PROVIDES FOR THE
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DEVELOPMENT OF APPROXIMATELY 1,576 RESIDENTIAL

DWELLING UNITS, RECREATION AREAS, TRAIL AND PARK

NETWORKS, OPEN SPACE, LANDSCAPING AND STREET

IMPROVEMENTS, INCLUDING AN OVERLAY FOR A
POTENTIAL SCHOOL SITE ON AN APPROXIMATELY 153-
ACRE SITE GENERALLY BOUNDED BY I-15 FREEWAY TO THE

WEST, PATS RANCH ROAD TO THE EAST, AND BELLEGRAVE

TO THE NORTH (VERNOLA RANCH SPECIFIC PLAN)
D. PUBLIC HEARING TO CONSIDER GENERAL PLAN AMENDMENT
BATCH:
(1) LAS PALMAS - MASTER APPLICATION (MA) NO. 21272: GENERAL PLAN AMENDMENT (GPA) NO. 21009; CHANGE OF ZONE (CZ) NO. 21011 AND TENTATIVE TRACT MAP (TTM) NO. 37857 AND ADOPTION

OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM; LAS PALMAS PLANNED
RESIDENTIAL DEVELOPMENT - SUBDIVIDE 3.84 ACRES OF LAND
INTO 36 LOTS FOR SINGLE-FAMILY DETACHED HOMES LOCATED
NORTH OF 45TH STREET BETWEEN OPAL STREET AND PACIFIC
AVENUE (APNs: 182-190-015, 182-190-016, and 182-190-017); APPLICANT:

RC HOBBS COMPANY
(2) VERNOLA RANCH SPECIFIC PLAN - MASTER APPLICATION (MA) NO. 22153: (GPA22003, SP266A5, CZ22002, SP22001, TTM38504, DA22001)

TO ESTABLISH THE VERNOLA RANCH SPECIFIC PLAN TO ALLOW
UP TO 1,576 RESIDENTIAL DWELLING UNITS (SINGLE-FAMILY,

MULTI-FAMILY, TOWNHOMES, AND OTHER HOUSING TYPES),

RECREATION AREAS, A NETWORK OF TRAILS AND PARKS,

ALLOW THE DEVELOPMENT, AND CERTIFY AN ENVIRONMENTAL

IMPACT REPORT, MAKING FINDINGS, ADOPTING A STATEMENT

OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM;
LOCATION: GENERALLY BOUNDED BY I-15 FREEWAY TO THE

WEST, PATS RANCH ROAD TO THE EAST, AND BELLEGRAVE TO
THE NORTH, LIMONITE TO THE SOUTH; APPLICANT: MCCUNE &
ASSOCIATES, INC.

1. That the City Council conduct a public hearing, receive public testimony, and;
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2. Receive staff report and adopt Resolution No. 2023-108, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, APPROVING (1) GENERAL PLAN
AMENDMENT NO. 22003 TO CHANGE THE LAND USE
DESIGNATION OF APN 160-050-005 FROM BUSINESS PARK (BP)

AND MEDIUM DENSITY RESIDENTIAL (MDR) TO VERY HIGH
DENSITY RESIDENTIAL (VHDR), APN 160-050-029 FROM BP TO
HIGH DENSITY RESIDENTIAL (HDR), APN 160-050-063 FROM
MEDIUM DENSITY RESIDENTIAL (MDR) TO HDR, APN 160-050-
067 FROM BP AND MDR TO HDR AND MEDIUM HIGH DENSITY
RESIDENTIAL (MHDR), AND APN 160-050-070 FROM BP AND

MDR TO MHDR, HDR, HIGHEST DENSITY RESIDENTIAL
(HHDR) AND OPEN SPACE RESIDENTIAL (OS-R) ON 153 ACRES
LOCATED EAST OF INTERSTATE 15 (I-15), WEST OF PATS

RANCH ROAD, SOUTH OF BELLEGRAVE AVENUE, AND

NORTH OF LIMONITE AVENUE TO ALLOW THE
CONSTRUCTION OF 1,576 RESIDENTIAL DWELLING UNITS
(VERNOLA RANCH SPECIFIC PLAN PROJECT); AND (2)
GENERAL PLAN AMENDMENT NO. 21009 TO CHANGE THE

GENERAL PLAN LAND USE DESIGNATION FROM MDR TO
HDR ON A 3.84-ACRE SITE LOCATED NORTH OF 45TH STREET,
BETWEEN OPAL STREET AND PACIFIC AVENUE (APN: 182-
190-015, 182-190-016, AND 182-190-017) TO ALLOW FOR THE DEVELOPMENT OF 36 SINGLE-FAMILY DETACHED HOMES
(LAS PALMAS PROJECT)

18. COUNCIL BUSINESS
A. APPOINTMENTS TO THE COMMUNITY DEVELOPMENT ADVISORY

COMMITTEE
Requested Action: That Mayor Chris Barajas and Council Member Brian Berkson each make an appointment to fill two unscheduled vacancies on the Community Development Advisory Committee for a term expiring in December 2026, or until their successors are appointed and sworn-in, whichever is later and which nominations shall be ratified by a majority vote of the entire City Council, pursuant to Chapter 2.36 of the Jurupa Valley Municipal Code.

B. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
In accordance with Ordinance No. 2019-04, the terms of the members of the City’s Community Development Advisory Committee shall be subject to reconfirmation by the City Council in December of each year.

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Requested Action: That the City Council consider the reconfirmation of the appointment of Committee members Rachel Lopez, Joanna Medina, and David McEachern, pursuant to Ordinance No. 2019-04.

C. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PLANNING COMMISSION
In accordance with Ordinance No. 2013-11, the terms of the members of the City’s Planning Commission shall be subject to reconfirmation by the City Council in December of each year.

Requested Action: That the City Council consider the reconfirmation of the appointment of Planning Commissioners Hakan Jackson, Penny Newman, Arleen Pruitt, Laura Schultz, and Yesenia Villagomez pursuant to Section 2.35.030(E) of the Jurupa Valley Municipal Code.

D. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PUBLIC WORKS ADVISORY COMMITTEE
In accordance with Ordinance No. 2022-13, the terms of the members of the City’s Public Works Advisory Committee shall be subject to reconfirmation by the City Council in December of each year.

Requested Action: That the City Council consider the reconfirmation of the appointments of Jose Cuellar, Uriel De La Torre, Robert Galindo, Mayra Jackson, and Alondra Munoz, pursuant to Ordinance No. 2022-13.

E. APPOINTMENT OF REPRESENTATIVES AND ALTERNATES TO

REGIONAL BOARDS AND COMMITTEES

1. Requested Action: That the City Council consider the following appointments to the following Boards and/or Committees for the 2024 calendar year:
a) Northwest Mosquito and Vector Control District (2-year term) b) Public Entity Risk Management Authority (PERMA)
c) Riverside County Transportation Commission (RCTC)
d) Riverside Transit Agency (RTA)
e) Western Riverside Council of Governments (WRCOG)
f) Western Riverside County Regional Conservation Authority (RCA)
g) City Celebration Committee
h) Legislative Ad Hoc Committee

2. That the City Council approve travel and/or reimbursement of expenses to attend upcoming conferences for the 2024 Calendar Year.

Page - 14 -

3. CONSIDERATION OF A RESOLUTION APPROVING A REVISED
FAIR POLITICAL PRACTICES COMMISSION FORM 806

REFLECTING THE APPOINTMENTS MADE TO THE REGIONAL

BOARDS AND COMMISSIONS
Requested Action: That the City Council pass and adopt Resolution No. 2023-109, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, APPROVING A REVISED FAIR POLITICAL
PRACTICES COMMISSION FORM 806 REGARDING THE

APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED

POSITIONS

19. CITY ATTORNEY’S REPORT

20. COUNCIL MEMBER REPORTS AND COMMENTS

21. ADJOURNMENT
Adjourn to the Regular Meeting of January 18, 2024 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.

AGENDA ITEM NO. 14.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
December 7, 2023

Council Member Armando Carmona arrived at 6:03 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City
Council met in closed session pursuant to Government Code Section 54956.8 regarding the sale of a portion of the City owned Parcel 44 as shown by Map on file in book 25, pages 66 and 67 of Records of Survey, Riverside County, California (0.28Acres) generally located at Golden West Avenue, east of Avenue Juan Bautista and north of Limonite Avenue to Rubidoux Community Services District to relocate the existing booster station across the street. The negotiating parties are the City of Jurupa Valley and Rubidoux Community Services District. Negotiators for the City are Rod Butler and Paul Toor. Under negotiation is the price and terms of payment for the purchase.

3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED

SESSION
City Attorney Peter Thorson announced that there were no reportable actions taken.

4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING

RETURN TO AGENDA
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● 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 7:00 p.m.

An announcement was made that Spanish translation services will be available at tonight’s meeting.

5. INVOCATION was given by members of the Buddhist Meditation Center.

6. PLEDGE OF ALLEGIANCE was led by Council Member Brian Berkson.

7. APPROVAL OF AGENDA
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to approve the Agenda.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
Due to technical difficulties, the video for this month’s adoptable pet was not available.

B. UPDATE – HEALTHY JURUPA VALLEY
Natalie Hildalgo, representing Reach Out, gave an update on Healthy Jurupa Valley.

C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF

COMMERCE
Don Malloy, President, gave an update on the Jurupa Valley Chamber of Commerce.

9. PUBLIC APPEARANCE/COMMENTS
George Ruiz thanked City staff for their efforts to work with the Riverside County Flood Control and Water Conservation District which resulted in new funding to alleviate various -3-
flooding issues in the City. He noted that at today’s budget hearing the City of Jurupa Valley was well represented.

10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Armando Carmona thanked all the residents who helped with last week’s community cleanup at the Mary Tyo Staging Area trailhead. He gave a shout-out to a local Escaramuza team which trains in Jurupa Valley that made it to the Charrería Finals in Mexico. He specifically acknowledged the following local high school students: Deanna Vallejo, Estefania Lopez, Natalie Areola, Veronica Valdes, Vanessa Rodriguez, and Hailey Santiago. He announced that he will host a toy drive on December 16 at the Mary Tyo Staging Area. There will be lots of family friendly activities.

Council Member Leslie Altamirano announced that the Santa Express Christmas Parade will be visiting Jurupa Valley neighborhoods in Rubidoux, Indian Hills, and Rancho Del Sol starting this Friday, Saturday and Sunday.

Mayor Pro Tem Guillermo Silva announced that there will be a “Christmas with Friends” event on Saturday December 17 from 12:00 pm to 3:00 pm at Vernola Family Park.

Mayor Chris Barajas thanked the Jurupa Unified School Board and Superintendent Trent Hanson for allowing him the opportunity to be a judge at today’s Innovation Science Fair.

He discussed his visit to Rubidoux High School where he spoke about programming careers and learning to code. He is sponsoring the Jurupa Lions Toy Drive on December 16 at Avalon Park and the toy drive and food drive at the United Sikh Mission on December

23. 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 Interagency Coordinating Council meeting of November 17, 2023.

2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of December 4, 2023.

B. COUNCIL MEMBER LESLIE ALTAMIRANO

1. Council Member Leslie Altamirano gave an update on the Regional Conservation Authority meeting of December 4, 2023.
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C. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of November 8, 2023.

2. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority meeting of November 17, 2023.

3. Council Member Brian Berkson gave an update on the Riverside County Transportation Committee – Western Riverside County Programs and Projects Committee meeting of November 27, 2023.

4. Council Member Brian Berkson stated that he was unable to attend the Southern California Association of Governments Annual Economic Summit of December 7, 2023.

12. CITY MANAGER’S UPDATE
City Manager Rod Butler reported that another wind event is expected this weekend.

Should Southern California Edison decide to shut-off power if the wind is severe, residents may obtain information regarding public safety power shutoffs at www.SCE.com/psps He thanked all the City staff who helped with the annual Holiday Open House at City Hall as it is always a popular holiday event.

13. APPROVAL OF MINUTES
A. NOVEMBER 16, 2023 REGULAR MEETING
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to approve the Minutes of the November 16, 2023 regular meeting.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

14. 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 -5-
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
$6,400,775.37
Requested Action: That the City Council ratify the check registers dated October 26, and November 2, 8, and 16, 2023 as well as the payroll registers dated October 27, 31 and November 10, 2023.

C. ORDINANCE NO. 2023-17 – REMOVED FROM THE CONSENT

CALENDAR FOR FURTHER DISCUSSION
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-17, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
ADDING CHAPTER 7.85 TO TITLE 7 (SUBDIVISIONS), AMENDING CHAPTER 9.10, AMENDING SECTIONS 9.45.010, 9.55.010, 9.60.020, AND

9.65.020 AND ADDING CHAPTER 9.300 TO TITLE 9 (PLANNING AND

ZONING) OF THE JURUPA VALLEY MUNICIPAL CODE

ESTABLISHING REGULATIONS RELATED TO URBAN LOT SPLIT

PARCEL MAPS AND QUALIFYING HOUSING DEVELOPMENTS IN
ACCORDANCE WITH SENATE BILL 9 (2021), AND MAKING A

FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
D. APPROVAL OF CITY HOLIDAY SCHEDULE – REMOVED FROM THE

CONSENT CALENDAR FOR FURTHER DISCUSSION
Requested Action: That the City Council pass and adopt Resolution No. 2023-95, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, DESIGNATING HOLIDAYS ON WHICH CITY
OFFICES SHALL BE CLOSED FOR CALENDAR YEAR 2024
E. ACCEPTANCE OF OFFERS OF DEDICATION FOR PUBLIC ROAD AND UTILITY EASEMENT ADJACENT TO MISSION BLVD. (9880 MISSION, LLC, APN 170-240-030)

1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and utility purposes, including public services purposes over, upon, across, and within the area as described in Exhibit A and shown on Exhibit B of DED22-002.
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2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED22-002.

F. ACCEPTANCE OF OFFERS OF DEDICATION FOR PUBLIC ROAD AND UTILITY EASEMENT ADJACENT TO 3742 RIVERVIEW DR. (TRUSTEE OF THE ROBERT CHARLES SCOTT, SR. REVOCABLE LIVING TRUST, APN 170-070-007)

2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED23-002.

G. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND

CALIFORNIA WOOD RECYCLING, INC DBA AGROMIN FOR
SENATE BILL 1383 PROCUREMENT – REMOVED FROM THE

CONSENT CALENDAR FOR FURTHER DISCUSSION
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and California Wood Recycling, Inc. DBA Agromin for Senate Bill 1383 procurement 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.

H. RESOLUTION AUTHORIZING THE LEVY AND COLLECTION OF FY 2022-23 DELINQUENT ASSESSMENTS WITHIN ZONE K OF THE CITY

OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1-C AND PLACEMENT ON THE SECOND

INSTALLMENT OF THE PROPERTY TAX ROLL FOR FISCAL YEAR
2023-2024
Requested Action: That the City Council adopt Resolution No. 2023-96, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING THE LEVY AND
COLLECTION OF FY 2022-23 DELINQUENT ASSESSMENTS WITHIN

ZONE K OF THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED OF

THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, ON THE PROPERTY TAX ROLL FOR FISCAL YEAR
2023-2024
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I. APPROVAL TO PURCHASE FORD ESCAPE HYBRID
Requested Action: That the City Council approve the purchase of a Ford Escape Hybrid vehicle for $37,022.23, including taxes and fees.

J. APPROVAL OF THE FIRST AMENDMENT TO AGREEMENT WITH

RRM DESIGN FOR THE PREPARATION OF PERMIT-READY

ACCESSORY DWELLING UNIT PLANS
Requested Action: That the City Council authorize the City Manager to execute the First Amendment to the Agreement with RRM Design Group for the preparation of permit ready accessory dwelling unit (PRADU) plans.

K. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STORM WATER INSPECTION & MAINTENANCE SERVICES INC.

FOR THE INSTALLATION OF CERTIFIED FULL CAPTURE SYSTEM
TRASH TREATMENT CONTROL DEVICES – REMOVED FROM THE

CONSENT CALENDAR FOR FURTHER DISCUSSION
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Storm Water Inspection & Maintenance Services, Inc. (“SWIMS”), for an amount not to exceed $112,785.00 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.

A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to approve the Consent Calendar, with the exception of Items 14.C, 14.D, 14.G, and 14.K, which were removed for further discussion.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

14.C ORDINANCE NO. 2023-17
Council Member Armando Carmona requested that Item 14.C be removed from the Consent Calendar for further discussion. He referenced the Council’s previous discussion of this item at the last meeting, stating that he would again request that this item be continued and direct staff to conduct a more thorough analysis of the zoning within the equestrian overlay in an effort to have consistent zoning within the equestrian overlay zone.
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Mayor Chris Barajas stated that since SB 9 is already state law, it is already in effect. The proposed ordinance is only an effort to add development standards. He stated that he is willing to reassess the zoning at a later date.

Council Member Brian Berkson stated that this as a standalone item that will enforce basic standards on how SB 9 housing is built, however, the zoning issue is a separate issue that he would be happy to bring back.

Further discussion followed.

A motion was made by Council Member Leslie Altamirano, seconded by Mayor Chris Barajas, to conduct a second reading and adopt Ordinance No. 2023-17, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
ADDING CHAPTER 7.85 TO TITLE 7 (SUBDIVISIONS), AMENDING CHAPTER 9.10, AMENDING SECTIONS 9.45.010, 9.55.010, 9.60.020, AND

9.65.020 AND ADDING CHAPTER 9.300 TO TITLE 9 (PLANNING AND

ZONING) OF THE JURUPA VALLEY MUNICIPAL CODE

ESTABLISHING REGULATIONS RELATED TO URBAN LOT SPLIT

PARCEL MAPS AND QUALIFYING HOUSING DEVELOPMENTS IN
ACCORDANCE WITH SENATE BILL 9 (2021), AND MAKING A

FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Ayes: L. Altamirano, C. Barajas, B. Berkson
Noes: A. Carmona

Absent: None
Abstained: G. Silva
D. APPROVAL OF CITY HOLIDAY SCHEDULE – REMOVED FROM THE

CONSENT CALENDAR FOR FURTHER DISCUSSION
Council Member Armando Carmona requested that Item 14.D be removed from the Consent Calendar for further discussion. He suggested that Juneteenth be added as a recognized City holiday as it commemorates the end of slavery and is a recognized federal and state holiday.

Further discussion followed.

A motion was made by Council Member Armando Carmona, seconded by Mayor Pro Tem Guillermo Silva, to pass and adopt Resolution No. 2023-95 as revised to include Juneteenth as an official City holiday, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, DESIGNATING HOLIDAYS ON WHICH CITY
OFFICES SHALL BE CLOSED FOR CALENDAR YEAR 2024
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

14.G AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND

CALIFORNIA WOOD RECYCLING, INC DBA AGROMIN FOR
SENATE BILL 1383 PROCUREMENT
Council Member Brian Berkson requested that Item 14.G be removed from the Consent Calendar for further discussion.

Paul Toor, Director of Public Works, provided additional information and responded to Council’s questions.

A motion was made by Mayor Chris Barajas, seconded by Council Member Leslie Altamirano, to approve the Agreement between the City of Jurupa Valley and California Wood Recycling, Inc. DBA Agromin for Senate Bill 1383 procurement 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.

Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona,

Absent: None

14.K AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STORM WATER INSPECTION & MAINTENANCE SERVICES INC.

FOR THE INSTALLATION OF CERTIFIED FULL CAPTURE SYSTEM

TRASH TREATMENT CONTROL DEVICES
Council Member Brian Berkson requested that Item 14.K be removed from the Consent Calendar for further discussion.

Paul Toor, Director of Public Works, provided additional information and responded to Council’s questions.

A motion was made by Mayor Chris Barajas, seconded by Mayor Pro Tem Guillermo Silva, to approve the Agreement between the City of Jurupa Valley and Storm Water Inspection & Maintenance Services, Inc. (“SWIMS”), for an amount not to exceed $112,785.00 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. -10-
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, APPROVING AN AMENDMENT TO

THE CITY OF JURUPA VALLEY OFFICIAL ZONING MAP
CHANGING THE ZONE (CZ 23007) OF APPROXIMATELY 9 ACRES

OF REAL PROPERTY LOCATED NORTH OF MISSION BOULEVARD
BETWEEN CAMINO REAL AND SOTO AVENUE (APNS: 174-160-003, 174-160-010, 174-180-021, AND 174-150-022) FROM LIMITED AGRICULTURE (A-1) TO GENERAL COMMERCIAL (C-1/C-P) AND

DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS

REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Tamara Campbell, Principal Planner, presented the staff report. Ms. Campbell provided the location of the proposed zone change. She noted that all three parcels have zoning for A-1 which is Limited Agriculture. City staff is recommending a Rezone from A-1 to C-1/C-P General Commercial, which would allow retail sales in an area that is predominately commercial.

Further discussion followed.

Mayor Chris Barajas opened the public hearing.

David Butler, stated that he is the owner of the Ace Hardware and he is proposing a potential expansion of the building. Due to the zoning inconsistency he is requesting approval of the zone change to fix the inconsistency to allow him to move forward with the improvements.

There being no further comments, the public hearing was closed.

A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2023-18, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY
OFFICIAL ZONING MAP CHANGING THE ZONE (CZ 23007) OF
APPROXIMATELY 9 ACRES OR REAL PROPERTY LOCATED

NORTH OF MISSION BOULEVARD BETWEEN CAMINO REAL AND
SOTO AVENUE (APNS: 174-160-003, 174-160-010, 174-180-021, AND 174- 150-022) FROM LIMITED AGRICULTURE (A-1) TO GENERAL
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COMMERCIAL (C-1/C-P) AND DETERMINE THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None
B. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION DENIAL OF MASTER APPLICATION (MA) NO. 17132:
"RUBIDOUX COMMERCE PARK" – 1.18 MILLION SQUARE-FOOT
INDUSTRIAL PARK WITH 5 BUILDINGS; LOCATED EASTERLY OF

MONTANA AVENUE, WESTERLY OF WEST RIVERSIDE CANAL,
SOUTHERLY OF 25TH STREET, NORTHERLY OF 28TH STREET, AND

TWO PARCELS LOCATED SOUTHEAST OF THE WEST RIVERSIDE
CANAL AND NORTHWEST OF AVALON STREET AND EAST OF 28TH
STREET; (APPLICANT: PROFICIENCY CAPITAL, LLC)
By consensus, the City Council continued this item to the December 21, 2023 meeting to allow additional time to evaluate the project.

Anthony Kelly discussed how this project first came before the Council while he was serving as mayor at the time. He voiced a concern that there are homes in this area and they will be located near 1.18 million square feet of warehousing.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

17. COUNCIL BUSINESS
A. REVIEW AND AWARD OF 2023 COMMUNITY SERVICE GRANTS
Michael Flad, Assistant City Manager, presented the staff report. Mr. Flad provided information on the annual community grant process, noting the eligibility requirements and cost effectiveness of how the funding will be utilized. He reported that this year the City received 19 applications totaling $87,000, with 12 applications recommended for funding in the amount of $52,000.

Lori Drengson, representing the Corona-Norco Family YMCA, spoke in support of their request for the Community Service Grant to promote literacy through library and community partnerships.

Council Member Armando Carmona suggested that $3,000 be allocated to the Friends of the Rubidoux Library to support their STEM learning programs, which are serving the community’s youth.
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A motion was made by Council Member Armando Carmona, seconded by Mayor Chris Barajas, to approve the Community Service Grant (CSG) Committee recommendations for the 2023 CSG program and award funding to the first 12 applicants as indicated on the chart attached to the staff report in the amount of $52,000, with an additional $3,000 allocated to the Friends of the Rubidoux Library.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

18. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no requests for future Agenda items.

19. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.

20. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Brian Berkson conveyed a happy Hanukkah to all of his Jewish friends.

Mayor Pro Tem Guillermo Silva announced that “Christmas with Friends” is scheduled on Saturday, December 17 from noon to 3:00 pm at Vernola Family Park.

Council Member Armando Carmona stated that in 2020, the City Council commemorated Juneteenth with a City Proclamation. He thanked City Clerk Vicki Wasko for being part of that process and he is pleased that the City Council will be celebrating and honoring that important day.

21. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 9:01 p.m.

The next meeting of the Jurupa Valley City Council will be held December 21, 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
AGENDA ITEM NO. 15.B
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ORDINANCE NO. 2023-18

AN ORDINANCE OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, APPROVING AN AMENDMENT TO THE

CITY OF JURUPA VALLEY OFFICIAL ZONING MAP
CHANGING THE ZONE (CZ 23007) OF APPROXIMATELY
9 ACRES OR REAL PROPERTY LOCATED NORTH OF

MISSION BOULEVARD BETWEEN CAMINO REAL AND
SOTO AVENUE (APNS: 174-160-003, 174-160-010, 174-180-
021, AND 174-150-022) FROM LIMITED AGRICULTURE (A1) TO GENERAL COMMERCIAL (C-1/C-P) AND

DETERMINE THAT NO FURTHER ENVIRONMENTAL

REVIEW IS REQUIRED PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

Section 1. Project. On September 7, 2017, the City Council adopted the 2017 General Plan as well as limited changes to the Zoning Map and Ordinance. The adoption included 21 amendments to the General Plan Land Use Map that addressed land use issues, including providing additional commercial and residential uses and buffering residential development from industrial uses. By law, a city’s zoning must be consistent with its General Plan. Many of the 21 Land Use Map changes resulted in making the existing zoning on the affected properties inconsistent with the General Plan. The owner of Crown Ace Hardware retail business at 7351 Mission Boulevard discussed an expansion of the business with members of the Community Development Department. During that discussion, it became apparent that reinvestment into the property would not be possible due to the inconsistency between the General Plan and the Zoning Map. Two neighboring sites have the same conflicting General Plan and Zoning Map designations. The City Council initiated a rezone of approximately 9 acres of real property located north of Mission Boulevard between Camino Real and Soto Avenue (the “Project”) (APNs: 174-160-003, 174-160-010, 174-180-021, and 174-150-022 (Sites A, B and C)) from Limited Agriculture (A-1) to General Commercial (C-1/C-P) as depicted in Exhibit “A” so that the zoning map and General Plan Land Use Map are consistent for these properties.

Section 2. Change of Zone.
(a) The City Council desires to adopt a rezone of approximately 9 acres of real property located north of Mission Boulevard between Camino Real and Soto Avenue (APNs: 174- 160-003, 174-160-010, 174-180-021, and 174-150-022 (Sites A, B, and C) from Limited Agriculture (A-1) to General Commercial (C-1/C-P) as depicted in Exhibit “A” so that the zoning map and General Plan Land Use Map are consistent for these properties. (b) Section 9.285.010. of the Jurupa Valley Municipal Code provides that amendments to Title 9 of the Jurupa Valley Municipal Code must be made in accordance with the procedures set forth in Government Code Section 65800 et seq., as now enacted or hereafter amended, and with the requirements of Title 9. Government Code Section 65853 provides that an

RETURN TO AGENDA
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amendment to a zoning ordinance, which amendment changes any property from one zone to another, shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. (c) Government Code Section 65854 provides that the Planning Commission must hold a public hearing on the proposed amendment to a zoning ordinance, with notice of the hearing given pursuant to Government Code Section 65090 and, if the proposed amendment to a zoning ordinance affects the permitted uses of real property, also given pursuant to Government Code Section 65091. Additionally, Sections 9.285.040.(1) and (2) of the Jurupa Valley Municipal Code provide that the Planning Commission shall hold a noticed public hearing on a proposed amendment to Title 9 of the Jurupa Valley Municipal Code that proposes to change property from one zone to another.
(d) Government Code Section 65855 provides that after the hearing, the Planning Commission must render its decision in the form of a written recommendation to the legislative body, which must include the reasons for the recommendation, the relationship of the proposed amendment to applicable general and specific plans, and must transmit the recommendation to the legislative body in such form and manner as may be specified by the legislative body. Additionally, Section 9.285.040.(3) of the Jurupa Valley Municipal Code provides that, after closing the public hearing, the Planning Commission must render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and the relationship of the proposed amendment to the 2017 General Plan. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. (e) Government Code Section 65856(a) provides that upon receipt of the recommendation of the Planning Commission, the legislative body must hold a public hearing.

Additionally, Section 9.285.040.(4)(a) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation for approval by the Planning Commission, the City Clerk shall set the matter for public hearing before the City Council at the earliest convenient day, and give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission.
(f) Government Code Section 65857 provides that the legislative body may approve, modify, or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the Planning Commission during its hearing, must first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Additionally, Section 9.285.040.(5) of the Jurupa Valley Municipal Code provides that after closing the public hearing the City Council must render its decision within a reasonable time and may approve, modify, or disapprove the recommendation of the Planning Commission; provided, however, that any proposed modification of the Planning Commission’s recommendation not previously considered by the Planning Commission must first be referred back to the Planning Commission for a report and recommendation.

Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine, and declare that:
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(a) The application for MA No. 23012 (CZ23007) 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 September 27, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 23012 (CZ23007), 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 and adopted Resolution No. PC-2023-19 on a 4-0 vote recommending approval of the Project, subject to conditions of approval.
(c) On December 7, 2023, the City Council held a public hearing on MA No. 23012 (CZ23007) 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.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 4. California Environmental Quality Act Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of proposed Change of Zone No. 23007:
(a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), a Previous Environmental Document (PED) Review Determination was prepared to determine if the zone change is within the scope of the analysis contained in City of Jurupa Valley, 2017 General Plan Final Environmental Impact Report (FEIR) State Clearinghouse No. 2016021025 certified by the City Council on September 17, 2017, and to ensure that the zone change does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. The effects associated with the zone changes would be substantially the same as those reported for the approved 2017 General Plan FEIR, and is within the scope of the analysis contained in the 2017 General Plan FEIR and the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the 2017 General Plan FEIR, thus no Supplemental or Subsequent Environmental Review is required.

Section 5. Findings for Approval of Change of Zone. The City Council of the City of Jurupa Valley hereby finds and determines that Change of Zone No. 23007 should be adopted because:
(a) The proposed Project will comply with the development standards applicable to developments on premises in the C-1/C-P Zone as set forth in Jurupa Valley Municipal Code Sections 9.115.020.
(b) The proposed C-1/C-P Zone is consistent with the Commercial Retail land use designation of the City’s General Plan and the C-1/C-P zone land use regulations are compatible with the existing and proposed pattern of development in the immediate vicinity of the site.
-4-
Section 6. Approval of Change of Zone. Based on the foregoing, the City Council of the City of Jurupa Valley hereby adopts Change of Zone No. 23007, and rezones approximately 9 acres of real property located north of Mission Boulevard between Camino Real and Soto Avenue (APNs: 174-160-003, 174-160-010, 174-180-021, and 174-150-002) from Limited Agriculture (A-1) to General Commercial (C-1/C-P) as depicted in Exhibit “A,” and directs the City Manager to revise the official City of Jurupa Valley Zoning Map to designate the property as being in this new zone.

Section 7. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

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

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of December, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-5-

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. 2023-18 was regularly introduced at a regular meeting of the City Council held on the 7
th day of December, 2023 and thereafter at a regular meeting held on the 21st day of December, 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 21st day of December, 2023. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT “A”
CZ 23007 Change of Zone from A-1 (Light Agriculture) to C-1/C-P (General Commercial) Assessor Parcel Numbers: 174-160-003, 174-160-010, 174-180-021, 174-150-022 Existing Zoning
A-2
Exhibit A (Continued)
Proposed Zoning
Page | 1

STAFF REPORT
DATE: DECEMBER 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.C

ADOPTION OF RESOLUTIONS REGARDING THE ANNEXATION OF
ZONE AA (CANTU GAS PM 37679) TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”),

NORTHWEST CORNER OF CANTU GALLEANO RANCH ROAD AND

PIER ENTERPRISES WAY INTERSECTION

RECOMMENDATION

1. That the City Council adopt Resolution No. 2023-97, entitled:

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

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO

CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS ZONE AA AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024-2025 PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND

ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2023-98, entitled:

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

APPROVING THE REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-

CONSOLIDATED AS ZONE AA AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY LIGHTING DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2024-2025

RETURN TO AGENDA
Page | 2

3. That the City Council adopt Resolution No. 2023-99, entitled:

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

DECLARING ITS INTENTION TO ANNEX TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-

CONSOLIDATED AS ZONE AA AND TO LEVY AND COLLECT
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024-2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF

THE CALIFORNIA CONSTITUTION AND APPOINTING A TIME AND PLACE

FOR HEARING PROTESTS

BACKGROUND
Upon incorporation on July 1, 2011, the City of Jurupa Valley assumed the responsibility for certain City of Jurupa Valley L&LMD 89-1-C zones now within the City’s jurisdictional boundaries. As such, the City is now responsible for the services and charges provided by the City of Jurupa Valley L&LMD 89-1-C zones within its boundaries. City of Jurupa Valley L&LMD No. 89-1-C currently includes 70 locations within 61 zones; and currently maintains and services 52 locations (43 Zones) throughout the City of Jurupa Valley. The District contains 41 landscaping assessment zones and 20 street lighting assessment zones. The annual levy of assessments on the parcels within the boundaries of L&LMD No. 89-1-C is consistent with the Landscaping and Lighting Act of 1972.

On February 4, 2016, the City Council adopted Resolution 2016-01 clarifying that the City of Jurupa Valley L&LMD 89-1-C is distinct from the County of Riverside Landscaping and Lighting Maintenance District No. 89-1-Consolidated and assumes all responsibility for such district, including annexation of territory to the district.

The property owner, Westates Holdings, LLC, requested annexation of the site into the existing City of Jurupa Valley L&LMD 89-1-C in order to cover costs associated with the maintenance of public improvements within the annexation known as ZONE AA and be compliant with the conditions of approval set forth in project entitlement. The territory proposed to be annexed includes two parcels identified as APNs 160-040-053 and 160- 040-052, located at the northwest corner of Cantu Galleano Ranch Road and Pier Enterprises Way intersection. The annexation is proposed in order to maintain the street right-of-way/streetscape area which maintenance includes:
• The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right-of-way parkway landscaped area on Cantu Galleano Ranch Road, as identified on the approved L&LMD Landscape Plans for this ZONE AA;
• 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 installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and,
• The operation and maintenance cost of streetlights located within the public right- Page | 3
of-way on Cantu Galleano Ranch Road, as identified on the approved Streetlight Plans IP21-013 for Parcel Map No. 37679 and related to this ZONE AA; • The operation and maintenance cost and/or servicing of any of the foregoing.

The maintenance of landscape within the public right-of-way fronting the development will be performed by the property owner; however, the property will be annexed into the City’s L&LMD 89-1-C Zone AA to establish a dormant special tax for the landscape and irrigation improvements.

ANALYSIS
Adoption of Resolution Nos. 2023-97, 2023-98, and 2023-99 will allow the City of Jurupa Valley to collect funds to maintain ZONE AA of this Landscape and Lighting Maintenance District. The special tax would be approved but shall not be levied in any year; unless and until the City identifies that the improvements have not been maintained by the owner to a standard acceptable to the City as identified in the corresponding dormancy agreement.

The proposed annexation will have an initial Maximum Assessment for the Zone in the amount of $21,827.00; to be equally divided by the number of assessable parcels within the zone boundary. These rates may be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the Consumer Price Index over the base year of 2024. The owners have filed a petition representing their willingness to move forward.

OTHER INFORMATION
Consistent with the City Council’s direction regarding compliance with Article XIII D of the California Constitution and the Landscaping and Lighting Act of 1972, the attached resolutions have been prepared and a public hearing scheduled for 7:00 p.m. on February 15, 2024 to receive testimony for and against the proposed assessments.

The project associated with proposed ZONE AA is the subdivision known as Parcel Map No. 37679 and the development of a gas station within the subdivision boundaries.

FINANCIAL IMPACT
The property owners are responsible for the annual payments of the special assessment.

The City will file the special assessment with the County Auditor-Controller for inclusion on the annual property tax roll. In the event that the special assessment would start at a time different than such identified by the County Auditor-Controller has required, the City Finance Department would directly send the invoice to the corresponding owner(s).

The property owners have posted a deposit with their application to form ZONE AA, in order to cover City costs incurred in connection with the annexation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by ZONE AA. The City’s cost to administer ZONE AA annually will be reimbursed through the special assessment charged to property owners.

Page | 5
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RESOLUTION NO. 2023-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-

CONSOLIDATED AS ZONE AA AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024- 2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE

XIII D OF THE CALIFORNIA CONSTITUTION

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Jurupa Valley proposes to annex territory, described below in Section 2 of this Resolution, to an existing landscaping and lighting district located within the City of Jurupa Valley, which was established pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act") and which is designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") and to levy and collect assessments pursuant to the Act and Article XIII D of the California Constitution against lots and parcels within such territory to pay for the costs and expenses of the improvements described below in Section 3 of this Resolution for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

Section 2. The territory proposed to be annexed to the District includes two (2) parcels identified as Assessor Parcel (APNs) 160-040-053 and 160-040-052, located at the northwest corner of Cantu Galleano Ranch Road and Pier Enterprises Way intersection. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

Section 3. The proposed improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right-of-way parkway landscaped area on Cantu Galleano Ranch Road, as identified on the approved L&LMD Landscape Plans for this ZONE AA; 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 installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and the operation and maintenance cost of streetlights located within the public right-of-way on Cantu Galleano Ranch Road, as identified on the approved Streetlight Plans IP21-013 for Parcel Map No. 37679 and related to this ZONE AA; the operation and maintenance cost and/or servicing of any of the foregoing.

Section 4. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.
-2-
12774-0001\1909270v1.doc
Section 5. Lots or parcels of land within the territory proposed to be annexed to the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. The City Council hereby orders the City Engineer, or his designee, to prepare and file with the City Clerk a report in writing in connection with the annexation of territory described herein to the District and the levy and collection of assessments against lots and parcels of land within such territory. This report shall be prepared in accordance with the Act and Section 4 of Article XIII D of the California Constitution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of December, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:

Victoria Wasko, CMC
City Clerk
-3-
12774-0001\1909270v1.doc

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. 2023-97 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 21st day of December, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, APPROVING THE

REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE AA AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89-1-CONSOLIDATED FOR
FISCAL YEAR 2024-2025

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Jurupa Valley, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), did by previous resolution order the City Engineer, or the City Engineer’s designee, to prepare and file a written report in accordance with the Act and Article XIII D of the California Constitution in connection with the proposed annexation of territory to City of Jurupa Valley Lighting District No. 89-1-Consolidated as ZONE AA and the levy and collection of assessments against lots and parcels of land within City of Jurupa Valley Lighting District No. 89-1-Consolidated for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

Section 2. The Engineer has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council such report entitled "Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance District No. 89-1-Consolidated, ZONE AA, Cantu Gas PM 37679" (the "Report").

Section 3. The City Council has carefully examined and reviewed the Report, and the Report is hereby approved as filed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of December, 2023.
______________________________
Chris Barajas
Mayor
-2-
ATTEST:

Victoria Wasko, CMC
City Clerk

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. 2023-98 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 21st day of December, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, DECLARING ITS

INTENTION TO ANNEX TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE AA AND TO LEVY AND COLLECT ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024-2025
PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION AND APPOINTING A

TIME AND PLACE FOR HEARING PROTESTS

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act") and as provided by Article XIII D of the California Constitution, the City Council of the City of Jurupa Valley, by previous Resolution, has initiated proceedings for the annexation of territory described below in Section 4 of this Resolution to City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") as ZONE AA, and the levy and collection of assessments against the lots and parcels of land within such territory for fiscal year 2024-2025 to pay for the costs and expenses of the improvements described below in Section 6 of this Resolution.

Section 2. The Engineer selected by the City Council has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council a report in connection with the proposed annexation of territory to the District and the levy and collection of assessments against the lots and parcels of land within such territory for fiscal year 2024-2025, and the City Council did by previous Resolution approve such report.

Section 3. The City Council hereby declares its intention to order the annexation of territory described below in Section 4 of this Resolution to the District and to levy and collect assessments against the lots and parcels of land within such territory for fiscal year 2024-2025 to pay for the costs of the improvements described below in Section 6 of this Resolution. The Council hereby determines that the public interest requires this annexation to the District and levy and collection of assessments.

Section 4. The territory proposed to be annexed to the District includes (2) parcels identified as Assessor Parcel Numbers (APNs) 160-040-053 and 160-040-052, northwest corner of Cantu Galleano Ranch Road and Pier Enterprises Way intersection. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection. -2-
Section 5. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.

Section 6. The proposed improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right-of-way parkway landscaped area on Cantu Galleano Ranch Road, as identified on the approved L&LMD Landscape Plans for this ZONE AA; 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 installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and the operation and maintenance cost of streetlights located within the public right-of-way on Cantu Galleano Ranch Road, as identified on the approved Streetlight Plans IP21-013 for Parcel Map No. 37679 and related to this ZONE AA; the operation and maintenance cost and/or servicing of any of the foregoing.

Section 7. Lots or parcels of land within the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 8. Reference is hereby made to the report of the Engineer entitled "Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance District 89-1-Consolidated, ZONE AA, Cantu Gas PM 37679" on file with the City Clerk for a full and detailed description of the improvements, the boundaries of the territory proposed to be annexed to the District, the boundaries of the existing District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the territory proposed to be annexed to the District.

Section 9. NOTICE IS HEREBY GIVEN THAT THURSDAY, THE 15TH DAY OF FEBRUARY 2024, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS AT 8930

LIMONITE AVENUE, JURUPA VALLEY, CALIFORNIA, IS THE TIME AND PLACE

FIXED FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE QUESTION OF

THE ANNEXATION OF THE TERRITORY TO THE DISTRICT DESCRIBED ABOVE IN SECTION 4 OF THIS RESOLUTION TO THE DISTRICT AND THE LEVY AND COLLECTION OF THE ASSESSMENT FOR FISCAL YEAR 2024-2025 AGAINST THE LOTS AND PARCELS OF LAND WITHIN SUCH TERRITORY. All interested persons shall be afforded the opportunity to hear and be heard.

Section 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law by causing a notice of the public hearing and an assessment ballot to be mailed by first class mail to the record owners of the parcels in the territory proposed to be annexed to the District no less than 45 days before the date of the public hearing.

Section 11. The City Council hereby designates Victoria Wasko, City Clerk, 8930 Limonite Avenue, Jurupa Valley, California, (951) 332-6464 to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters.
-3-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of December, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:

Victoria Wasko, CMC
City Clerk
_
-4-

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. 2023-99 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 21st day of December, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 21st day of December, 2023. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
0 | P a g e
V
8 9 3 0 L i m o n i t e A v e n u e | J u r u p a V a l l e y , C A 9 2 5 0 9 December 2023

CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR

CITY OF JURUPA VALLEY

LANDSCAPE AND LIGHTING

MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED

ZONE AA
CANTU GAS PM 37679
Prepared By:

HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
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Table of Contents
EXECUTIVE SUMMARY ..................................................................................................................................4 INTRODUCTION.........................................................................................................................................4 DEFINITIONS..............................................................................................................................................4 PART I – BOUNDARIES OF THE DISTRICT.......................................................................................................6 LOCATION OF THE ASSESSMENT ZONE.....................................................................................................6 PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE AA ...........7 LANDSCAPING IMPROVEMENTS...............................................................................................................7 STREET LIGHTING IMPROVEMENTS..........................................................................................................8 PART III – FINANCIAL ANALYSIS ....................................................................................................................9 INTRODUCTION.........................................................................................................................................9 MAXIMUM ASSESSMENT METHODOLOGY...............................................................................................9 COST ESTIMATE.......................................................................................................................................10 PART IV – ASSESSMENT DIAGRAM..............................................................................................................12 PART V – ASSESSMENT ROLLS.....................................................................................................................13 2 | P a g e
AGENCY: CITY OF JURUPA VALLEY
SUBJECT: ANNEXATION OF CANTU GAS PM 37679 TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.89-1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD NO.89-1-C”) AS ZONE AA
TO: CITY OF JURUPA VALLEY CITY COUNCIL
Pursuant to the direction from the City Council of the City of Jurupa Valley (“City Council”), California, this Engineer’s Report (“Report”) is prepared and hereby submitted for the City of Jurupa Valley (“City”) in compliance with the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972 (“1972 Act”), said Act being Part 2 of Division 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitution.

This Report provides for the annexation of the development known as CANTU GAS PM 37679 to City of Jurupa Valley L&LMD No. 89-1-C as ZONE AA and establishes the Maximum Assessment to be levied in the Fiscal Year commencing July 1, 2024 to June 30, 2025 (2024-2025) and continuing in all subsequent Fiscal Years, for this area to be known and designated as:

CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE AA
CANTU GAS PM 37679
I do hereby assess and apportion the total amount of the costs and expenses upon several parcels of land within said designated area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

NOW, THEREFORE, I, the appointed ENGINEER, acting on behalf of the City of Jurupa Valley, pursuant to the 1972 Act, do hereby submit the following:

Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein.

As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on said Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram/Boundary Map and Assessment Roll, correspond with the numbers assigned to each parcel by the Riverside County Assessor. Reference is made to the County Assessor Roll for a description of the lots or parcels.
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As of the date of this Report, there are no parcels or lots within ZONE AA that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

December 21st , 2023.

Steve Loriso, R.C.E. 64701
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EXECUTIVE SUMMARY

INTRODUCTION
Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein. On this 7th day of December, 2023 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Report providing for the annexation of the development known as Cantu Gas PM 37679 to L&LMD No. 89-1-C as ZONE AA did, pursuant to the provisions of the 1972 Act, being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 2023-XX for a special assessment district zone known and designated as:

ZONE AA
CANTU GAS PM 37679
The annexation of ZONE AA includes the parcels of land within the commercial development known as subdivision Parcel Map No. 37679. As of the date of this report, the zone contains two (2) assessable parcels; also identified by the Assessor Parcel Number(s) 160-040-053 and 160-040- 052 . As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The following report presents the engineering analysis for the annexation of Zone AA and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2024-2025 and all subsequent fiscal years.

DEFINITIONS
Agency – Means the local government, City of Jurupa Valley.

Capital cost – Means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by the Agency.

District – Means an area determined by the Agency to contain all parcels which will receive a special benefit from a proposed public improvement of property-related service.

Maintenance and operation expenses - Means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement.
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Ad Valorem Reduction – The corresponding general benefit value of the improvements.

Special benefit – Means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
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PART I – BOUNDARIES OF THE DISTRICT

LOCATION OF THE ASSESSMENT ZONE
Zone AA shall consist of a benefit zone encompassing the properties within the commercial development known as Cantu Gas and Parcel Map No. 37679. The proposed improvements described in this Report are based on current development and improvement plans provided as of the date of this Report.

Zone AA is generally located on the northwest corner of Cantu Galleano Ranch Road and Pier Enterprises Way intersection, in the City of Jurupa Valley, in the County of Riverside, State of California. At the time of this assessment, the assessment zone consists of 2 assessable (legal) parcels and zero non-assessable parcels. Zone AA consists of all lots/units, parcels, and subdivisions of land located in the following development area:

CANTU GAS PM No.37679
Assessor Parcel Numbers as of date of this Report: 160-040-053 and 160-040-052 7 | P a g e
PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE AA
The services to be funded by City of Jurupa Valley L&LMD No. 89-1-C ZONE AA include the landscape and streetlight maintenance related to the commercial development designated as Cantu Gas and subdivision identified as Parcel Map No. 37679. The proposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on:
a. Level of Service
b. Improvement Types
c. Proximity to Improvement
d. Levels of Special Benefit from Zone (on Public versus Private) The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Act further provides that assessments may be apportioned upon all assessable lot(s) or parcel(s) of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than by assessed value.

It was determined that the improvements identified by this report will directly benefit the parcels to be assessed within ZONE AA. The assessments and method of apportionment is based on the premise that the assessments will be used to construct, operate, and maintain landscape and lighting improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the Zone will be used solely for such purpose.

LANDSCAPING IMPROVEMENTS
The assessment will provide for landscaping servicing and maintenance on public right-of-way (Cantu Galleano Ranch Road) and as approved by the City during the Cantu Gas PM 37679 development approval.

The following apply:

1. Servicing: the furnishing of water for the irrigation of any landscaping or the maintenance of any other improvements.

2. Maintenance: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including the repair, removal, or replacement of all of part of landscape improvements. Maintenance shall also include tree trimming for the treesidentified on the approved L&LMD Landscape Plans for Zone AA.

The benefits associated with landscaping improvements include:

1. Enhanced environmental quality of the parcels through improved erosion resistance, dust and debris control, and fire protection.

2. Reduced criminal activity and property-related crimes (especially vandalism) against properties through well-maintained surrounding and amenities.
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3. Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuation noise.

STREET LIGHTING IMPROVEMENTS
The assessment will provide for the operating energy cost and maintenance of the street lights servicing the commercial development along the public right-of-way, Cantu Gas PM 37679, as shown in the Street Improvement Plans prepared for the development and approved by the City Engineer, IP21-013.

The benefits associated with streetlight improvements include:

1. Enhanced deterrence of crime such as vandalism and other criminal activities which would reduce damage to improvements or property.

2. Improved visibility to assist police in the protection of property.

3. Improved visibility for egress from and ingress to the property.

There are three (3) streetlights considered for this assessment. The streetlights are located along the north side of Cantu Galleano Ranch Road.
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PART III – FINANCIAL ANALYSIS

INTRODUCTION
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the Zone AA to fairly apportion the costs based on the estimated benefit to each parcel.

The landscaping and streetlighting improvements included on this assessment for ZONE AA provide direct and special benefit to the lots or parcels within the Zone. Therefore, the maintenance of these improvements also provides direct and special benefit by maintaining the functionality of the improvements and allowing the improvements to operate in a proper manner.

Because all benefiting properties consist of a uniform land use, it is determined that all (any) parcels (2) benefit equally from the improvements and the costs and expenses for the maintenance and servicing of landscaping and streetlight are apportioned on a per parcel basis.

The total benefit from the works of improvement is a combination of the special benefits to the parcels within the Zone and the general benefits to the public at large and to adjacent property owners. A portion of the total maintenance costs for the landscaping and streetlights, if any, associated with general benefits will not be assessed to the parcels in the Zone, but will be paid from other City of Jurupa Valley funds.

No property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. Additionally, because the benefiting properties consist of a uniform land use (industrial), it is determined that each of the parcels within the Zone benefit equally form the improvements. Therefore, the proportionate share of the costs and expenses for the provisions of landscaping, as well as costs and expenses for the maintenance of the landscaping, are apportioned equally on a per parcel basis.

MAXIMUM ASSESSMENT METHODOLOGY
The following methodology was adopted by City Council in Resolution No. 2016-01 dated February 4, 2016. Such methodology has been maintained in preparation of this Report. The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the Zone AA costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the Zone. For Zone AA, the initial Maximum Assessment(s) for Fiscal Year 2024-2025 are as follows:

1. The initial Total Maximum Assessment established within Zone AA shall be $21,827.00.

2. The initial Maximum Assessment per assessable parcel shall be $10,914.00.

The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2025-2026. The initial Maximum Assessment shall be adjusted by the greater of two percent (2%) or the cumulative 10 | P a g e
percentage increase in the CPI-U Index published by the Bureau of Labor Statistics of the United States Department of Labor for Riverside-San Bernardino-Ontario.

The Maximum Assessment is adjusted annually and is calculated independent of Zone AA’s annual budget and proposed annual assessment. The proposed annual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual Zone AA assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish reasonable limits on Zone AA assessments. The Maximum Assessment calculated each year does not require or facilitate an increase of the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year require an increase and the increase is more than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increase assessment, the City of Jurupa Valley must comply with the provisions of the California Constitution Article XIII D Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owner through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for Zone AA. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for Zone AA.

COST ESTIMATE
The Ad Valorem reduction is the corresponding general benefit value of the improvements, and it is determined by identifying the general public benefit from the installation and upkeep of the improvements identified on this report. All proposed landscape and lighting improvements contained within this report and shown on the development plans are located directly in front of the assessed zone and the construction and installation of the improvements were only necessary for the development of properties within the Zone. Therefore, it was determined that any public access or use of these local improvements by others is incidental and there is no measurable general benefit to properties outside the one or to the public at large. The Ad Valorem reduction for these improvements is zero.

The Assessment for Zone AA is calculated by dividing the total Annual Balance (maintenance and incidental cost) minus the Ad Valorem Reduction by the total number of assessable parcels within Zone AA to determine the Annual Assessment per assessable parcel.

𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑎𝑙𝑎𝑛𝑐𝑒 (𝑚𝑎𝑖𝑛𝑡𝑒𝑛𝑎𝑛𝑐𝑒 & 𝑖𝑛𝑐𝑖𝑑𝑒𝑛𝑡𝑎𝑙 𝑐𝑜𝑠𝑡) − 𝐴𝑑 𝑉𝑎𝑙𝑜𝑟𝑒𝑚 𝑅𝑒𝑑𝑢𝑐𝑡𝑖𝑜𝑛 𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑝𝑎𝑟𝑐𝑒𝑙𝑠 =
𝐴𝑛𝑛𝑢𝑎𝑙 𝐴𝑠𝑠𝑒𝑠𝑠𝑚𝑒𝑛𝑡 𝑝𝑒𝑟
𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑝𝑎𝑟𝑐𝑒𝑙
The Annual Balance to Levy is the Total Annual Landscaping Costs plus the Total Annual Streetlight Costs as seen in the following summary table:
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CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE AA
CANTU GAS PM 37679
FY 2024-2025
Total Assessable Parcels: 2
Cost Description *Total Cost for

ZONE AA
Cost per Parcel
for ZONE AA
Landscaping:

Annual Landscaping Maintenance: $8,065.00 $4,032.50
Tree Trimming : $960.00 $480.00
Water (including water meter) $4,017.00 $2,008.50
Fertilizer Injector $220.00 $110.00
Electricity (including electric meter) $500.00 $250.00
Mulch : $812.00 $406.00
Calsense Single: $250.00 $125.00
Backflow Certificate : $50.00 $25.00
Repairs & Replacements (15%) $2,231.00 $1,115.50
TOTAL ANNUAL LANDSCAPING COSTS : $17,105.00 $8,552.50
Streetlighting:

Streetlights LED (Cantu Galleano Ranch Road -3@150W LED): $598.00 $299.00 Streetlights Repairs & Maintenance (7%) $42.00 $21.00
TOTAL ANNUAL STREETLIGHTING COSTS (Plus Repairs and
Maintenance) :
$640.00 $320.00
ADMINISTRATION (8%) $1,420.00 $710.00
INSPECTION (5%) $887.00 $443.50
OPERATING RESERVE, REPARIS AND REPLACEMENTS (10%) $1,775.00 $887.50 TOTAL ANNUAL ASSESSMENT: *$21,827.00 *$10,914.00
*Rounded up to nearest dollar
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE PARCEL : $10,914.00 12 | P a g e
PART IV – ASSESSMENT DIAGRAM
(See next page)
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PART V – ASSESSMENT ROLLS
Parcel identification for each parcel within Zone AA shall be the parcels as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

Zone AA includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report: 160-040- 053 and 160-040-052.

The assessment to be levied upon each parcel that benefits from the annexation of Zone AA to L&LMD No. 89-1-C will be $10,914.00 per parcel for fiscal year 2024-25. As stated in this Report, the total budget for Zone AA for the fiscal year 2024-25 is $21,827.00. The initial Maximum Assessments per assessable parcel for Zone AA are as follows:

APN Assessment Per
Parcel
Maximum
Assessment
FY24-25
160-040-053 $10,914.00 $10,914.00
160-040-052 $10,914.00 $10,914.00
The initial Maximum Assessment shall be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the CPI-U for All Items Index published by the BLS for Riverside-San Bernardino-Ontario area.

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120

STAFF REPORT
DATE: DECEMBER 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.D

APPROVAL OF ACQUISITION OF REAL PROPERTY FROM LENNAR

HOMES OF CALIFORNIA, LLC, CONSISTING OF FOUR LOTS WITH A CUMULATIVE AREA OF 3.8 ACRES

RECOMMENDATION

1. That the City Council Adopt Resolution No. 2023-100, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, AUTHORIZING ACCEPTANCE THE GRANT DEED FOR APN:
157-190-006, 157-190-007, 157-190-008, 157-190-009 PURSUANT TO GOVERNMENT CODE SECTION 7050 AND DEVELOPMENT AGREEMENT
NO, 1302 AS A PART OF THE APPROVAL OF THE RIVERBEND

COMMUNITY

BACKGROUND
Tract Map 36391 (Riverbend Community) is a previously approved project consisting of 464 single family residential units on approximately 211 acres located on 68th Street between Pats Ranch Road and Dana Avenue. As a part of the Riverbend Community approval the City entered into a Development Agreement (DA1302) on November 7, 2013 with CV INLAND INVESTMENTS 1, L.P. the developer. As a part of DA section 5.F, the developer is to enter into a Purchase and Sale Agreement (PSA) with the Jurupa Area Recreation and Park District (JAPRD) for the 3.8-acre property as described in Figure 1 below. Under the PSA, if Developer acquires the Land, Developer agrees to sell the Land, and JAPRD agrees to buy the Land, based upon commercially reasonable terms. If the developer acquires the Land and the PSA is not established and a sale is not completed

RETURN TO AGENDA
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on or before December 31, 2013, the Developer shall dedicate the 3.8-acre property to the City. If the Developer is not able to enter into a PSA and unable to acquire the 3.8- acre property, the Developer shall pay the City an amount of One Thousand Seventy Five Dollars ($1,075.00) per unit as described under Section 5.F. of the Development Agreement.

The Developer was able to acquire 3.8-acre property but a PSA was not established and a sale was not completed to JAPRD as stipulated by the DA, therefore the Developer is requesting the City to take over ownership of the property.

The 3.8-acre property is located north of 68th Street, between Frank Ave and Smith Ave, consisting of four parcels (APNs: 157-190-006, 157-190-007, 157-190-008, and 157-190- 009) as shown below.

FIGURE 1- VICINITY MAP

ANALYSIS
As described above, the Developer did not enter into the PSA with JARPD, therefore, as subject to the Development Agreement; the Developer shall pay the City an amount of One Thousand Seventy Five Dollars ($1,075.00) per unit or dedicate the 3.8-acre property to the City. City staff has determined that it is in the best interest of the City to acquire the property; therefore, staff recommends that the City Council accept the grant deed.

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FINANCIAL IMPACT
There is no anticipated impact to the general fund.

ALTERNATIVES

1. Do not adopt Resolution 2023-100, accepting the Grant Deeds of the dedication, and provide alternative direction to staff.
************************SIGNATURES ON FOLLOWING PAGE************************

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RESOLUTION NO. 2023-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE GRANT DEED FOR APN: 157-190-
006, 157-190-007, 157-190-008, 157-190-009 PURSUANT TO
GOVERNMENT CODE SECTION 7050 AND
DEVELOPMENT AGREEMENT NO, 1302 AS A PART OF

THE APPROVAL OF THE RIVERBEND COMMUNITY

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) LOTS 230,231,232 AND 233 OF RIVERDALE ACRES (APN: 157-190-006, 157-190-007, 157-190-008, 157-190-009) recorded in Book 13, Pages 76 & 77 of maps, of Riverside County.
(b) The owner of APN: 157-190-006, 157-190-007, 157-190-008, and 157-190-009 dedicated the real property described on Exhibit “A” and depicted on the Grant Deed under the terms of Development Agreement No. 1302, which approved the Riverbend Community.

Section 2. Pursuant to the authority of Government Code Section 7050, the City Council hereby accepts the Grant Deed described in Section 1.(b) of this Resolution and authorizes the Mayor to execute the Certificate of Acceptance, attached hereto and incorporated herein as through set forth in full and attach it to the Grant Deed prior to its recordation.

Section 3. This Resolution shall become effective immediately upon its passage and adoption.

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of December, 2023.
______________________________
Chris Barajas
Mayor
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ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-100 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 21st day of December, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF JURUPA VALLEY
WHEN RECORDED MAIL TO:

City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attn: City Clerk
Exempt: Government Code Section 6103

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APNs: 157-190-006, 157-190-007, 157-190-008, 157-190-009

CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
THIS IS TO CERTIFY that the interest in real property conveyed by the attached Grant Deed or grant dated 31st day of March 2023 from Lennar Homes of California, LLC, a California Limited Liability Company, doing business as LENNAR HOMES OF CALIFORNIA, to CITY OF JURUPA VALLEY, a municipal corporation(“Grantee”), is hereby accepted by Resolution No 2023-100 of the City Council of the City of Jurupa Valley on this 21st day of December, 2023 and the Grantee consents to recordation thereof by its duly authorized officer.

Dated: __________________________, 2023

CITY OF JURUPA VALLEY
ATTEST:

Rod B. Butler
City Manager
Victoria Wasko, CMC
City Clerk

Prelim (CA/NV) Page 1 192002-001324
675 Placentia Avenue, Suite 225
Brea, CA 92821
Office Phone: (949)404-2500
Office Fax: (714)667-0338
Title Officer Email: [email protected]
Lennar Homes - Inland
980 Montecito Drive, Suite 302
Corona, CA 92879-1792
Attn: Matthew Gevergiz
Your Ref: City of Jurupa Valley
Our Order No.: 192002-001324
Version No. 1 - 4/4/2023
Property Address: 11695 68th Street, Jurupa Valley,
CA
Preliminary Report Dated as of March 24, 2023 at 7:30 a.m..

IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, Doma Title Insurance, Inc.

Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A.

Copies of the Policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

The form of Policy of title insurance contemplated by this report is:

ALTA Extended Loan Policy (6/17/06)
ALTA Homeowners Policy One-to-Four Family
Please note that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy.

Randy Dean, Title Officer
Prelim (CA/NV) Page 2 192002-001324

SCHEDULE A

1. The estate or interest in the land herein after described or referred to covered by this report is:

Fee Simple

2. Title to said estate or interest at the date hereof is vested in:

Lennar Homes of California, LLC, a California limited liability company (as successor-in-interest by conversion to Lennar Homes of California, Inc.)

3. Real Property in the City of Jurupa Valley, County of Riverside, State of California, described as follows:

See attached Legal Description
Prelim (CA/NV) Page 3 192002-001324

LEGAL DESCRIPTION
Real Property in the City of Jurupa Valley, County of Riverside, State of California, described as follows:

LOTS 230, 231, 232 AND 233, OF RIVERDALE ACRES, IN THE COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 13, PAGES 76 & 77 OF MAPS, OF RIVERSIDE COUNTY.

APN: 157-190-006, 157-190-007, 157-190-008 and 157-190-009 Prelim (CA/NV) Page 4 192002-001324

SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows:

1. General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or payable.

2. General and special taxes and assessments for the fiscal year 2022--2023.

First Installment: $1,310.07, PAID
Penalty: $
Second Installment: $1,310.07, OPEN, (Delinquent date: 4/10/2023) Penalty: $169.06
Tax Rate Area: 028-134
A. P. No.: 157-190-006

3. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,486.27, PAID
Penalty: $
Second Installment: $1,486.27, OPEN (Delinquent date: 4/10/2023) Penalty: $186.68
Tax Rate Area: 028-134
A. P. No.: 157-190-007

4. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,486.27, PAID
Penalty: $
Second Installment: $1,486.27, OPEN (Delinquent date: 4/10/2023) Penalty: $186.68
Tax Rate Area: 028-134
A. P. No.: 157-190-008

5. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,302.57, PAID
Penalty: $
Second Installment: $1,302.57, OPEN (Delinquent date: 4/10/2023) Penalty: $168.31
Tax Rate Area: 028-134
A. P. No.: 157-190-009

6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

7. Water rights, claims or title to water, whether or not disclosed by the public records.

8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. (No representation is made as to the present ownership of said easement) In Favor of: The Stearns Ranchos Company and The Jurupa Land and Water Company Purpose: Ditches, canals or pipe lines as may be deemed necessary for the proper irrigation of any other lands in the Jurupa Rancho, or for the supplying of the main canal with water, provided, however, that such ditches shall, when practicable, follow the line of the surveyed subdivision of the Rancho Recorded: in Book 13, Page 227, of Deeds
Affects: That portion of said land as described in the document attached hereto.

Prelim (CA/NV) Page 5 192002-001324
The exact location and extent of said easement is not disclosed of record.

9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. (No representation is made as to the present ownership of said easement) In Favor of: Santa Ana River Water Company
Purpose: Pipe lines
Recorded: June 29, 1927 in Book 727, Page 95, of Deeds
Affects: That portion of said land as described in the document attached hereto.

10. Rights of way for utilities as reserved in the deed from Commonwealth Home Builders, a corporation, to M.O. Cragg, a widow, filed for record March 28, 1933, as Instrument No. 1199 in Book 116, Page 489 of Official Records.

Affects: Lot 233

11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. (No representation is made as to the present ownership of said easement) In Favor of: Santa Ana River Water Company
Purpose: Pipelines
Recorded: March 22, 1937 in Book 316, Page 269, Official Records Affects: That portion of said land as described in the document attached hereto.

12. Rights of way for utilities as reserved in the deed from Metzler & Company of California, a corporation, to W.B. Miron and Olive C. Miron, his wife, as joint tenants, filed for record July 1, 1942 as Instrument No. 25 in Book 550, Page 164 of Official Records
Affects: Lot 231

13. Rights of way for utilities as reserved in the deed from United Mortgage Co., formerly Commonwealth Home Builders, to George T. Miron and Florence E. Miron, his wife, as joint tenants, filed for record May 7, 1943, as Instrument No. 814 in Book 580, Page 185 of Official Records Affects: Lot 232

14. Rights of way for utilities as reserved in the deed from United Mortgage Company, a corporation, to W.B.

Miron and Olive C. Miron, his wife, as joint tenants, filed for record September 27, 1944 as Instrument No. 2569 in Book 643, Page 233 of Official Records
Affects: Lot 230

15. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: September 21, 1988
Recording No: 88-272564, Official Records
Affects: Access

16. The fact that said land is included within the Jurupa Valley Redevelopment Project Area, and that Prelim (CA/NV) Page 6 192002-001324
proceedings for redevelopment have been instituted.

Recorded: July 10, 1996 as Instrument No. 256410 of Official Records and July 16, 2007 as Instrument No. 2007-0459694 of Official Records

17. An Agreement providing for exemption of land from water standby charge executed by the Metropolitan Water District of Southern California, Case Te Maaten, dated (not shown), recorded August 9, 1996 as Instrument No. 301809 of Official Records.

Reference is hereby made to said document for full particulars.

18. Any facts, rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection:
a) Polelines exists along both sides of 68th Street and the East line of Lot 233 of Parcel 9. b) Irrigation pipes run through out the parcels south of 68th Street. c) 4 well sites exists on said land, 2 in use and 2 are abandoned

19. An option to purchase said Land with certain terms, covenants, conditions and provisions as set forth therein.

Optionor: The Ter Maaten Family Partnership
Optionee: CV Communities, LLC, a Delaware limited liability company Disclosed by: Memorandum of Option
Recording Date: April 11, 2011
Recording No: 2011-0157950, Official Records
By mesne assignments of record the Optionee’s interest was assigned to Lennar Homes of California, Inc., a California corporation by document recorded January 14, 2014 as Instrument No. 14-14677, Official Records.

20. Matters contained in that certain document
Entitled: Development Agreement Riverbend Project
Dated: November 7, 2013
Executed by: City of Jurupa Valley and CV Inland Investments 1, L.P.

Recording Date: March 14, 2014
Recording No: 2014-0095880, Official Records
Reference is hereby made to said document for full particulars.

21. The terms and provisions contained in the document entitled "First Operating Memorandum to the "Development Agreement Riverbend Project by and between the City of Jurupa Valley and CV Inland Investments 1, LP."", recorded January 20, 2015 as Instrument No. 2015-0022184 of Official Records.

22. A grant of permanent water easement, in the document recorded May 28, 2015 as Instrument No. 2015-0221701 of Official Records.

23. An easement for right of way, in the document recorded March 21, 2016 as Instrument No. 2016-0108157 of Official Records.

24. The terms and provisions contained in the document entitled "Amended Bylaws of the Santa Ana River Water Company, a Mutual Water Company", recorded March 24, 2016 as Instrument No. 2016-0114594 Prelim (CA/NV) Page 7 192002-001324
of Official Records.

25. The terms and provisions contained in the document entitled "Resolution No. 2014-50", recorded May 6, 2016 as Instrument No. 2016-0184674 of Official Records.

26. A grant of easement, in the document recorded February 4, 2016 as Instrument No. 2016-0048223 of Official Records.

27. An easement for permanent sewer easement, in the document recorded March 30, 2016 as Instrument No. 2016-0122750 of Official Records.

28. An easement for permanent sewer easement, in the document recorded March 30, 2016 as Instrument No. 2016-0122751 of Official Records.

29. The terms and provisions contained in the document entitled "Subdivision Guarantee", recorded April 21, 2016 as Instrument No. 2016-0158519 of Official Records.

30. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of Title insurance but a report to facilitate the issuance of a policy of Title insurance.

For purposes of policy issuance, items (None) may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. *********************END OF REPORT********************* Prelim (CA/NV) Page 8 192002-001324
__________________________________________________________________________________________ ********************NOTES*********************

NOTICE OF RECORDING PROCEDURE
Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a nonexclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor.

Effective January 1, 2018, Cal. Government Code §27388.1 imposes an additional fee of $75.00 to be paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law to record, except those expressly exempted from payment.

GOOD FUNDS LAW
Under Section 12413.1 of the California Insurance Code, Lennar Title, Inc. may only make funds available for disbursement in accordance with the following rules:

Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to Lennar Title, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management.

Next business day availability. If funds are deposited to Lennar Title, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A “teller's check” is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank).

Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC).

These are the minimum periods before funds will be made available. Lennar Title, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds.

Lennar Title, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law.

Lennar Title, Inc. charges for recording the transaction documents include charges for services performed by Lennar Title, Inc., in addition to an estimate of payments to be made to governmental agencies.

Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.

The map attached, if any, may or may not be a survey of the land depicted hereon. Lennar Title, Inc.

Prelim (CA/NV) Page 9 192002-001324
expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

Additional Notes:

Prelim (CA/NV) Page 10 192002-001324

AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
Referring Party: Lennar Title, Inc., CalAtlantic Title, Inc., Lennar Title, LLC, or Lennar Closing Services, Inc., as applicable (“Lennar Title”)
This is to give notice that Lennar Title has a business relationship with North American Title Insurance Company (“NATIC”) and Lennar Insurance Agency, LLC (“LIA”) because Lennar Title’s parent, Lennar Title Group, LLC (“LTG”), has an indirect 20% ownership interest in NATIC’s parent company and an 80% ownership interest in LIA. Because of this relationship, this referral of services may provide Lennar Title a financial or other benefit.

Set forth below are the estimated charges or range of charges for the settlement services provided by NATIC and LIA. You are NOT required to use NATIC or LIA as a condition for closing your transaction and obtaining insurance.

THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.

Title Insurance Fees
Lennar Title provides closing services and title insurance through numerous title insurance underwriters, one of which is NATIC. If NATIC is selected as the title insurer, the following fees apply:
10% - 40% of costs for lender’s and/or owner’s title insurance, as applicable, depending on the property state, and as shown on the Loan Estimate and/or Closing Disclosure provided by your lender.

Contact your local CAT representative for a more detailed title insurance quote based on your specific transaction.

Insurance
Lennar Insurance Agency, LLC (LIA) is an insurance agent that provides, among other products, homeowner’s/hazard and flood insurance. Set forth below are the estimated range of charges by LIA for the settlement services listed.

Description of Settlement Service Range of Charges - Annual Premium Homeowner’s/Hazard Insurance 0.2% - 2.5% of purchase price amount Flood Insurance 0.1% - 0.5% of purchase price amount
NOTE: The above premium ranges for homeowner’s/hazard and flood insurance are from LIA. If enhancements to the standard policy such as increased limits, scheduled articles, and/or earthquake coverage are required, the premium may increase. Actual quote and acceptance by LIA is subject to LIA’s application of their underwriting guidelines, including but not limited to verification of your credit score and previous loss history. Of course, the cost of your insurance may vary due to many factors including, without limitation, the size, location and cost of your home.

Prelim (CA/NV) Page 11 192002-001324

ACKNOWLEDGMENT
I/we have read this disclosure form, and understand that Lennar Title is referring me/us to purchase the above-described settlement service and may receive a financial or other benefit as the result of this referral.

Buyer/Borrower:

Date:

Seller:

Date:

Prelim (CA/NV) Page 12 192002-001324
LENNAR TITLE, INC.
675 Placentia Avenue, Suite 225
Brea, CA 92821
Office Phone: (949)404-2500
Office Fax: (714)667-0338
Attention:

Your Ref:

Our Order No.: 192002-001324

LENDERS SUPPLEMENTAL REPORT
Dated as of April 4, 2023 at 07:30 AM.

Title Officer: Randy Dean
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance:

Our ALTA Loan Policy, when issued, will contain ALTA 9-06, ALTA 8.2-08 and ALTA 22-06 There is located on said land a Commercial
Known as: 11695 68th Street, Jurupa Valley, CA
City of Jurupa Valley
County of RiversideState of California.

NOTE: According to the public records, there have been no Deeds conveying the land described herein within a period of 24 months prior to the date of this Report, except as follows: none Prelim (CA/NV) Page 13 192002-001324
Prelim (CA/NV) Page 14 192002-001324
Prelim (CA/NV) Page 15 192002-001324
CLTA Preliminary Report Form - Exhibit A (Rev. 05-06-16) CLTA STANDARD COVERAGE POLICY - 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

31. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

32. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

33. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate
or interest insured by this policy.

34. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

35. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

36. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

Prelim (CA/NV) Page 16 192002-001324

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
 For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:

Prelim (CA/NV) Page 17 192002-001324
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ]

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06)

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

2. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.

7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] Prelim (CA/NV) Page 18 192002-001324
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15)

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.