Agenda — Jurupa Valley City Council, January 18, 2024 (part 1 of 2)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, January 18, 2024
Regular Meeting: 7:00 p.m.

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

1. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF AGENDA

5. PRESENTATIONS
A. RECOGNITION TO OUTGOING MAYOR CHRIS BARAJAS
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 spea k 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 h eard has an opportunity to speak, please limit your comments to 3 minutes.

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6. PUBLIC APPEARANCE/COMMENTS

7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR GUILLERMO SILVA

1. UPDATE ON THE NORTHW EST MOSQUITO AND VEC TOR
CONTROL DISTRICT MEETING OF JANUARY 18, 2024

B. MAYOR PRO TEM BRIAN BERKSON

1. UPDATE ON THE NORTHW EST TRANSPORTATION N OW
COALITION MEETING OF JANUARY 11, 2024

2. UPDATE ON THE METROL INK / SOUTHERN CALIF ORNIA
REGIONAL RAIL AUTHOR ITY – AUDIT AND FINA NCE
COMMITTEE MEETING OF JANUARY 12, 2024

3. UPDATE ON THE MOBILE SOURCE AIR POLLUTION

REDUCTION REVIEW COMMITTEE MEETING OF JANUARY
18, 2024

C. COUNCIL MEMBER LESLIE ALTAMIRANO

1. UPDATE ON THE WESTERN RIVERSIDE COUNTY - REGIONAL
CONSERVATOIN AUTHORITY MEETING OF JANUARY 8, 2024

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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D. COUNCIL MEMBER CHRIS BARAJAS

1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF

GOVERNMENTS - SPECIAL EXECUTIVE COMMITTEE
STRATEGIC PLANNING SESSION OF JANUARY 12, 2024

2. UPDATE ON THE INLAND REGIONAL ENERGY NETWORK (I -
REN) EXECUTIVE COMMITTEE MEETING OF JANUARY 16,
2024

9. CITY MANAGER’S UPDATE

A. AB1234 REPORT – CALIFORNIA CONTRACT CITI ES ASSOCIATION

ANNUAL SACRAMENTO LEGISLATIVE ORIENTATION TOUR

B. UPDATE ON ORGANIZED RETAIL THE FT PREVENTION PROGRA M

GRANT AND MANUFACTUR ED HOUSING AND OPPOR TUNITY AND

REVITALIZATION PROGRAM GRANT AWARDS

10. APPROVAL OF MINUTES

A. DECEMBER 21, 2023 REGULAR MEETING

11. CONSENT CALENDAR
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. CONSIDERATION OF CHECK R EGISTER IN THE AMOUNT OF
$5,052,938.96

Requested Action: That the City Council ratify the check registers dated November 29, and December 7, 13, 21, and 28, 2023 as well as the payroll registers dated November 24, 30 and December 8 and 22, 2023.

C. ORDINANCE NO. 2024-01

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-01, entitled:

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 21003
(CZ 21003) T O CHANGE THE ZONE FROM MEDIUM -

MANUFACTURING TO MANUFACTURING -SERVICE 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, NO RTHERLY 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. ORDINANCE NO. 2024-02

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-02, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, 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)

E. ORDINANCE NO. 2024-03

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-03, 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 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 FAMILY DWELLINGS (R-
1) TO PLANNED UNIT DEVELOPMENT (PUD) (LAS PALMAS

PROJECT)

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F. ORDINANCE NO. 2024-04
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-04, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 22002 TO CHANGE THE ZONE FROM ONE-(1) FAMILY DWEL LINGS MEDIUM
MANUFACTURING (R-1) AND INDUSTRIAL PARK (I-P) TO SPECIFIC

PLAN (SP) ZONE TO PERMIT THE VERNOLA RANCH SPECIFIC PLAN

WHICH PROVIDES FOR T HE DEVELOPMENT OF AP PROXIMATELY
1,576 RESIDENTIAL DWELLING UNITS, RECREATION AREAS, TRAIL

AND PARK NETWORKS, O PEN SPACE, LANDSCAPING AND STREET

IMPROVEMENTS INCLUDI NG 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 EA ST, AND BELLEGAVE TO THE NORTH
(VERNOLA RANCH SPECIFIC PLAN PROJECT)
G. ORDINANCE NO. 2024-05

Requested Action: That the City Council conduct a se cond reading and adopt Ordinance No. 2024-05, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT
NO. 22001 (DA 22001) BETWEEN THE CITY AN D MCCUNE &

ASSOCIATES TO IMPLEM ENT THE VERNOLA RANC H SPECIFIC

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

RECREATION AREAS, TRAIL AND PARK NETWORKS, OPEN SPACE,

LANDSCAPING AND STRE ET IMPROVEMENTS INCL UDING AN

OVERLAY FOR A POTENT IAL SCHOOL SITE, ON AN
APPROXIMATELY 153 -ACRE SITE G ENERALLY BOUNDED BY I-15

FREEWAY TO THE WEST, PATS RANCH ROAD TO THE EAST, AND

BELLEGRAVE TO THE NO RTH (VERNOLA RANCH S PECIFIC PLAN

PROJECT)
H. AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY

RECORDS
Requested Action: That the City Council adopt Resolution No. 2024-01, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF

CERTAIN OBSOLETE CITY RECORDS

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I. COMPLIANCE REPORT FOR AB1600 DEVELOPMENT IMPACT FEES

Requested Action: That the City Council receive and file the report.

J. CONSIDERATION OF A PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY OF JURUPA VALLEY AND RUBIDOUX

COMMUNITY SERVICES DISTRICT FOR THE GOLDENWEST

BOOSTER PUMP SITE

Requested Action: That the City Council approve the Purchase and Sale Agreement between the City of Jurupa Valley and the Rubidoux Community Services District for the Goldenwest Booster Pump Site, a portion of City-owned parcel measuring 0.28 acres, and a uthorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

K. INITIATION OF THE FOLLOWING ACTIONS: 1) REPEAL THE
EMERALD MEADOWS RANCH SPECIFIC PLAN (SP 337); AND 2)

AMENDMENTS TO THE CITY OF JURUPA VALLEY GENERAL PLAN

LAND USE AND ZONING MAPS FOR CERTAIN PROPERTIES

LOCATED WITHIN THE EMERALD MEADOWS RANCH SPECIFIC
PLAN (SP 337) BOUNDARY ALONG THE NORTH SIDE OF 34TH STREET

AND ON THE WEST SIDE OF WALLACE STREET
Requested Action: That the City Council initiate the following:

1. Repeal the Emerald Meadows Ranch Specific Plan (SP 337); and

2. Amendments to the City of Jurupa Valley General Plan Land Use and Zoning Maps for certain properties located within the Emerald Meadows Ranch Specific Plan (SP 337) boundary along the north side of 34 th Street and on the west side of Wallace Street.

L. INITIATION OF A ZONING CODE AMENDMENT TO UPDATE

DEVELOPMENT STANDARDS, PROCESSING REQUIREMENTS, AND

USE REQUIREMENTS IN CERTAIN ZONES THAT APPLY TO

AUTOMOBILE FUELING STATIONS AND TRUCK FUELING

STATIONS
Requested Action: That the City Council initiate a Zoning Code Amendment to update development standards, processing requirements, and use requirements in certain zones that apply to automobile fueling stations and truck fueling stations.

M. INITIATION OF AN AMENDMENT TO CHAPTER 9.245 OF THE

MUNICIPAL CODE CONCERNING OUTDOOR ADVE RTISING

DISPLAYS AND THE SPECIAL OUTDOOR ADVERTISING DISPLAY

OVERLAY ZONE MAP

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Requested Action: That the City Council initiate an amendment to Chapter

9.245 of the Municipal Code concerning outdoor advertising displays and the Special Outdoor Advertising Display Overlay Zone Map.

N. OPEN PURCHASE ORDER FOR PUBLIC WORKS STREET SUPPLIES

Requested Action: That the City Council approve the open purchase order with Fastenal Company for the purchase of Public Works street supplies for an amount not to exceed $50,000 for fiscal year 2023-24.

O. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. FOR THE

RIO VISTA SPECIFIC PLAN
Requested Action: That the City Council authorize the City Manager to execute the Second Amendment for professional services for the Rio Vista Specific Plan.

P. MID-YEAR BUDGET AMENDMENTS FISCAL YEAR 2023-2024

Requested Action: That the City Council approve the Fiscal Year 2023-2024 Mid- Year Budget Amendments to the City’s Budget as presented in the exhibit attached to the staff report.

12. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

13. PUBLIC HEARING
A. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 23235: 3RD REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP (TPM) NO. 37483 & 1ST REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT (CUP) NO. 21007; LOCATION: NORTHWEST CORNER OF PEDLEY ROAD
AND BEN NEVIS BOULEVAR D (APNS: 169 -031-003; 169-031-004; 169- 031-005; 169 -031-006; 169 -031-008; 169 -031-009; 169 -032-002 & 169 -032- 004); (APPLICANT: SUMMER EAGLE LLC & RE-UP LLC)
Requested Action: That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2024-02, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

V ALLEY DETERMINING NO FURTHER CEQA REVIEW REQUIRED,

APPROVING A THIRD ONE -YEAR EXTENSION OF TIME FOR
TENTATIVE PARCEL MAP NO. 37483 FOR A SCHEDULE “E”
SUBDIVISION OF APPROXIMATELY 5.36 ACRES OF REAL
PROPERTY LOCATED SOUTH OF STATE ROUTE 60, NORTH OF

LINCOLN A VENUE AND BEN NEVIS BOULEV ARD, EAST OF DALLEY WAY, AND WEST OF PEDLEY ROAD (APNS: 169 -031-003, -004, -005, -

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006, -008, -009; 169 -032-002, -004), AND APPROVIN G A ONE YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 21007

TO PERMIT CONSTRUCTION OF A GAS STATION, A CONVENIENCE

STORE, INCLUDING THE SALE OF MOTOR VEHICLE FUEL, AND A
DRIVE-THRU RESTAURANT PAD ON APPROXIMATELY 1.84 ACRES

OF REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF
PEDLEY ROAD AND BEN NEVIS BOULEV ARD (APNS: 169-031-003, - 004, -005, -006, -008, -009) IN THE SCENIC HIGHWAY COMMERCIAL (C-P-S) ZONE

14. COUNCIL BUSINESS

A. CONSIDERATION OF A FUNDING REQUEST FROM REACH OUT FOR THE 2022 CALIFORNIA VIOLENCE INTERVENTION AND

PREVENTION GRANT

Requested Action: That the City Council review the Reach Out Application for the 2022 California Violence Intervention and Prevention (CalVIP) Grant and discuss their request for a $600,000 General Fund allocation toward the program.

B. APPOINTMENT OF CITY DELEGATE AND ALTERNATE FOR THE
2024 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) ANNUAL REGIONAL CONFERENCE AND GENERAL

ASSEMBLY

Requested Action: That the City Council select a Delegate and Alternate for the SCAG General Assembly meeting on Thursday, May 2 - Friday, May 3, 2024 at the JW Marriott Desert Springs Resort in Palm Desert, California.

15. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS

16. CITY ATTORNEY’S REPORT

17. COUNCIL MEMBER REPORTS AND COMMENTS

18. ADJOURNMENT
Adjourn to the Regular Meeting of February 1, 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

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meeting, the writing will be m ade 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. 10.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
December 21, 2023

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
Mayor Chris Barajas called the closed session meeting to order at 6:05 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.

City Attorney Peter Thorson announced that Mayor Pro Tem Guillermo Silva will not be participating in the closed session as he has a business dispute w ith one of the defendants.

B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met 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.

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

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

SESSION
City Attorney Peter Thorson reported that Mayor Pro Tem Guillermo Silva did not participate in the closed session and was not present in the room where the cases were discussed. The Council provided direction to legal counsel in Case No.

CVRI2202444 for the settlement of this case through a stipulated judgment. There were no other 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 7:01p.m.

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
The City Clerk explained the nomination procedure.

There were no public comments.

Council Member Brian Berkson nominated Guillermo Silva to serve as Mayor. There being no further nominations, the nominations were closed.

Guillermo Silva received a majority vote and was elected to serve as Mayor for a term expiring December 31, 2024.

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

Absent: None
Abstained: A. Carmona

B. ELECTION OF MAYOR PRO TEM

Council Member Leslie Altamirano nominated Council Member Brian Berkson to serve as Mayor Pro Tem. There being no further nominations, the nominations were closed. Council Member Brian Berkson received a majority vote and was elected to serve as Mayor Pro Tem for a term expiring December 31, 2024.

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

Absent: None
Abstained: A. Carmona

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Mayor-Elect Guillermo “Willy” Silva thanked his family, friends, and supporters for allowing him the opportunity to serve as Mayor. He shared a story about his childhood and how his parents struggled for the American dream. He spoke about working hard to achieve his dreams and he urged parents to encourage their kids to “shoot for the stars.” He thanked his family for making him what he is today.

6. INVOCATION was given by Pastor Jeremy Williams, Grace Fellowship Church.

7. PLEDGE OF ALLEGIANCE was led by Mayor-Elect Guillermo Silva.

8. APPROVAL OF AGENDA
Council Member Armando Carmona requested an amendment to the Agenda based on the proposed batching of the General Plan Amendments as it is “an effort to rip apart our General Plan which is guiding the vision of the C ity.” He expressed his view that this is an effort to steamroll projects and appease developers.

Further discussion followed.

A motion was made by Council Member Armando Carmona, to approve the Agenda with the following changes: “ Consider the Las Palmas and Vernola Ranch development projects separately and not approve their associated General Plan Amendment applications which are being batched together.”

MOTION FAILED FOR LACK OF A SECOND
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, G. Silva
Noes: A. Carmona

Absent: None

9. PRESENTATIONS

10. PUBLIC APPEARANCE/COMMENTS
Myrna Torres spoke in support of new housing and the misinformation and alternative facts that are being shared through social media. She stated there is a “Tale of Two Cities” within the Jurupa Valley community. She discussed the contributing factors to housing challenges and those who argue against affordable housing. (Pamela Blynn donated her time to Ms. Torres).

George Ruiz discussed what he sees is a division amongst the City Council. He encouraged members of the Council to show more unity and to be present at all community events which reflects a spirit of inclusion and belonging as a growing community.

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11. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Armando Carmona thanked all those who helped him put together a very successful toy drive last week for local children in the community. He stated that for the record he is in favor of development as long as the current rezoning efforts do not continue to allow more development and des troy Jurupa Valley’s equestrian way of life , which he believes is trying to displace “Mexicanos” that are trying to protect their culture and lifestyle. He discussed campaign contributions which may impact such development decisions, asking that a recusal be made when voting on such developments. He looks forward to improving the current unity on the City Council.

Council Member Brian Berkson wished everyone a very happy and healthy holiday.

12. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – Administration and Finance Committee meeting of December 13, 2023

B. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority meeting of December 8, 2023.

2. Council Member Brian B erkson gave an update on the Riverside County Transportation Commission meeting of December 13, 2023.

3. Council Member Brian Berkson gave an update on the Riverside Transit Agency meeting of December 14, 2023.

13. CITY MANAGER’S UPDATE

City Manager Rod Butler reported that City Hall will be closed for the Christmas holiday on Monday, December 25 , Tuesday, December 26, and Monday, January 1, 2024. City Hall will resume regular office hours on Tuesday, January 2, 2024. He reminded Council that since the January 4, 2024 meeting was canceled, the next regularly scheduled Council meeting will be January 18, 2024.

14. APPROVAL OF MINUTES

A. DECEMBER 7, 2023 REGULAR MEETING

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A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to approve the Minutes of the December 7, 2023 Agenda.

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

Absent: None

15. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING O F

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 2300 7) 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:

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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
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 RESOLUITO N 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 SUC H 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:

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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

2. That th e 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.

A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Brian Berkson, to approve the Consent Calendar.

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

Absent: None

16. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

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 E ASTERLY OF

MONTANA A VENUE, WESTERLY OF WEST RI VERSIDE CANAL,
SOUTHERLY OF 25 TH STREET, NORTHERLY O F 28 TH STREET, AND

TWO PARCELS LOCATED SOUTHEAST OF THE WES T RIVERSIDE
CANAL AND NORTHWEST OF A V ALON STREET AND EAST OF 28 TH STREET; (APPLICANT: PROFICIENCY CAPITAL, LLC) (CONTINUED FROM THE DECEMBER 7, 2023 MEETING)

Jim Pechous, Principal Planner Consultant, summarized the proposed development and the entitlements being sought by Proficiency Capital. Mr. Pechous described the location of the project which is in the Rubidoux area or eastern part of the city.

He reported that the current site is currently vacant. At the March 17, 2022 Study Session, the Council did not support a 1,261,904 square foot warehouse and distribution center due to impacts on residential, the large size of the building, high volume of truck routes, and number of truck bay doors. As a result, the Council gave direction to the applicant to revise the project to an industrial use that conforms to the existing General Plan land use. As a result, the applicant revised the project and changed the land use from a warehouse use to an industrial park/manufacturing use which is consistent with the General Plan. He reported that a public outreach meeting was held and there was general support for the project.

He noted that a t the November 23, 2023 Planning Commission meeting, the

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Commission voted 3 -1 to deny the proposed Industrial Park development. After the meeting, the applicant appealed the Planning Commis sion’s decision. Mr.

Pechous provided an overview of the proximity to residential, proposed street improvements, project access, truck routes, internal project truck circulation, architectural design, and the landscape plan.

Joe Perez, Community Development Director provided a summary of the proposed Development Agreement. He reported that the Riverside Community College District has indicated their interest in securing a portion of this site for the Inland Empire Technical Trade Center campus. Mr. Perez outlined the Council’s action, which is to either 1) affirm the Planning Commission’s action and adopt a Resolution to deny MA 17132; or 2) adopt resolutions and ordinances to approve the entitlements and certify the EIR to approve the Rubidoux Commerce Park project and 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.

Further discussion followed.

Brandon Fender, Senior Associate at RSG, Inc., provided information regarding the valuation of the building using market lease rates. He offered to answer any questions.

Matt Englhard, representing Proficiency Capital, gave a brief PowerPoint presentation. He provided an overview of the proposed Rubidoux Commerce Park and offered to answer any questions.

Mayor Chris Barajas opened the public hearing.

The following individuals spoke in support of the project:

Dennis Sunny
Jonathan Daly
Omar Kovian
Robert Ramos
Louie Lopez
John Sicily
John Zambrano
David Martinez
Juanye McDonald
Junior Ortiz
Zach Strasser
Charlie Schlatter
Brandon Burton

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Dr. Lakshmi Jayaram, Ramboll Group, stated that the distance guidance provided by the California Air Resources Board is outdated and the project is no longer for a warehouse . She stated that the proponent’s analysis shows the maximum residential cancer risk associated with truck emissions from the project are well below the South Coast AQMD significance threshold, therefore, in her opinion , establishing a buffer distance of 1,000 feet or greater between the proposed project and the proposed Emerald Ridge residential community should not be a condition for project approval.

The following individuals spoke in opposition to the project:

Cindy Shearer
Gary Conner
Adrian Cantero

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

Further discussion followed.

A motion was made by Council Member Armando Carmona, seconded by Council Member Brian Berkson to affirm the Planning Commission’s action and adopt Resolution No. 2023-101, to deny the project, entitled:

A RESOLUTION OF THE CITY COUNIL OF THE CITY OF JURUP A

V ALLEY, DENYING JURUPA V ALLEY, 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) BETWE EN 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 PARCEL S LOCATED

SOUTHEAST OF THE WEST RIVERSIDE CANAL AND NORTHWEST OF
A V ALON STREET, AND EAST OF 28TH STREET, AND MAKING A

FINDING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (RUBIDOUX COMMERCE PARK)
Ayes: B. Berkson, A. Carmona
Noes: L. Altamirano, C. Barajas, G. Silva

Absent: None

MOTION FAILED

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A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-102, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

V ALLEY CERTIFYING AN ENVIRO NMENTAL IMPACT REPOR T,

MAKING FINDINGS, ADO PTING A MITIGATION M ONITORING AND

REPORTING PROGRAM, A ND ADOPTING A STATEM ENT OF

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

Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to introduce Ordinance No. 202 4-01, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING CHA NGE OF ZONE NO. 2100 3 (CZ 21003) TO

CHANGE THE ZONE FROM MEDIUM-MANUFACTURING TO

MANUFACTURING-SERVICE COMMERCIAL TO PERM IT THE
CONSTRUCTION OF AN A PPROXIMATE 1.18 MILL ION SQUARE

FOOT INDUSTRIAL PARK WITH FIVE BUILDINGS LOCATED
WESTERLY OF WEST RIV ERSIDE CANAL, SOUTHE RLY OF 25TH
STREET, NORT HERLY 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)
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona

Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to introduce Ordinance No. 2024 -02, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING DEVELOPMENT AGREEMENT NO. 1900 1 (DA
19001) BETWEEN THE C ITY AND PROFICIENCY CAPITAL, LLC TO PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION

SQUARE FOOT INDUSTRI AL PARK WITH FIVE BU ILDINGS

LOCATED WESTERLY OF WEST RIVERSIDE CANAL , SOUTHERLY
OF 25TH STREET, NORT HERLY 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)

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

Absent: None

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-103, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING MASTER APP LICATION NO.
17132 CONSISTING OF TENTATIVE PARCEL MAP NO. 37677 (TPM 37677) AND SITE DEVE LOPMENT PERMIT NO. 1 9008 (SDP 19008), TO PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION

SQUARE FOOT INDUSTRI AL PARK WITH FIVE BU ILDINGS

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

Absent: None

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to 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.

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

Absent: None
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 MONITORIN G 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)

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Miguel Del Rio, Senior Planner, presented the staff report. Mr. Del Rio summarized the project, which includes 36 lots for single -family detached homes.

The entitlements for the project include a Gene ral Plan Amendment, Change of Zone, and a Tentative Tract Map.

Council Member Armando Carmona asked whether this is the same developer that had a separate project on Hudson Street, which caused a major flooding issue with one of the neighbors. He questioned whether this issue has been resolved.

Octavio Duran, Assistant City Engineer, responded that all the issues have been addressed. He also noted that the City’s engineering team reviews the hydrology reports and the grading to ensure the project will meet all of the City’s requirements for grading and water quality.

Further discussion followed regarding the PUD zoning which allows for more creative projects and public amenities.

Council Member Brian Berkson requested that the developer install concrete tiles on all of the roofs, concrete walkways in the courtyards, and concrete sidewalks to ensure a longer lifespan and durability for high traffic areas.

Mayor Chris Barajas opened the public hearing.

Bob Beers, representing RC Hobbs, (applicant), spoke on behalf of the project. He agreed to install concrete tile on all the roofs, however, he asked for reconsideration to install asphalt on the courtyards, as all of the internal s treets are maintained by the HOA. He addressed the drainage issues on Hudson and described how the wall design caused a problem with the inlet and the adjoining property owner. He offered to answer any questions.

Bernard Murphy spoke in support of this project, stating that if you want to do something about homelessness, you need to build homes.

Vicky Goedhart voiced opposition to the project as she experienced flooding issues due to the project on Hudson Street. She expressed her view that the develop er is an irresponsible builder and she has spent approximately $100,000 in attorney fees to resolve the issue flooding issues on her property.

Masaki Mendoza spoke in support of the project, citing various research studies that when you build more housing, the cost of housing will lead to lower prices. He encouraged the Council to support the development of high density homes to keep housing affordable.

Adrian Cantero stated that rural residents that want to work are being evicted because they cannot afford the housing.

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Bob Beers, representing RC Hobbs, (applicant), stated that they are trying to build an affordable housing project which is innovative and he believes it will provide additional housing for residents and their families.

Council Member Leslie Altamirano stated that she was concerned about the comments made by Ms. Goedhart. She asked how the City can protect residents from any future issues.

Joe Perez, Community Development Director, responded that City staff will be vigilant in terms o f reviewing plans and will also, through the inspection process work to ensure similar issues do not occur.

Council Member Armando Carmona voiced opposition to the project as he believes it is appeasing a developer who is trying to increase density where it is not necessary.

Further discussion followed.

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

A motion was made by Council Member Brian Berkson, seconded by Council Member Leslie Altamirano, to adopt Resolution No. 2023-104, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM 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)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to 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 MA P 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

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ZONING MAP FROM ONE FAMILY DWELLINGS (R -1) TO PLANNED

UNIT DEVELOPMENT (PUD) (LAS PALMAS PROJECT)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None

A motion was made by Council Member Leslie Altamirano , seconded by Council Member Brian Berkson , to a dopt Resolution No. 2023-105 as amended to include the following conditions: 1) developer shall install concrete tile on all the roofs; 2) developer shall install concrete sidewalks; and 3) with a strong recommendation that the developer upgrade the courtyards from asphalt to concrete, 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) Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None
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, MULTI-

FAMILY, TOWNHOMES, AND OTHER HOUSING TYPES),

RECREATION AREAS, A NETWORK OF TRAILS AND PA RKS,

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 R ANCH 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 CONSIDERAT IONS, 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.)

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Roberto Gonz alez, Senior Planner, presented the staff report. Mr. Gonzalez summarized the project, which is for 1,576 residential units on a 153 -acre project site, with 10.23 acres designated as Open Space - Recreation. The site includes a 9-acre School Overlay for a future school, should the Jurupa Unified School District choose to acquire the land . The required entitlements are a General Plan Amendment, Change of Zone, Specific Plan Amendment, Tentative Tract Map, and Development Agreement. Mr. Gonzalez highlight ed the proposed right -of-way improvements, various traffic calming measures, open space features and amenities. He added that the project will be subject to the City’s inclusionary housing ordinance, which provides options for affordable housing.

Joe Per ez, Community Development Director, summarized the benefits of the project which will transform a vacant site into a vibrant residential neighborhood, replace the current 20.1 industrial use with a residential use which will provide support for new businesses in the Jurupa Valley area, eliminate public nuisance and safety issues, and provide major transportation improvements to improve public safety, such as traffic calming measures, a new traffic signal, bike path, multi - purpose trail, and aesthetics . He noted that the project also supports the City’s housing goals as it allows for a variety of housing types and is subject to the City’s inclusionary housing ordinance to provide affordable housing.

Further discussion followed.

Octavio Duran, Assistant City Engineer, provided additional information regarding the project’s traffic analysis and traffic impact studies.

Mayor Chris Barajas opened the public hearing.

The City Clerk announced that she received a letter of support from the Center for Community Action and Environmental Justice and the Inland Equity Votes California Partnership Action Fund that included a petition of support.

Fayres Hall, Albert A. Webb Associates ( representing the applicant), prov ided some background of the project, including how the City Council requested a complete redesign which included more and diversified housing options, a replacement of the industrial land use with apartments which is a more compatible use, and traffic calming measures on Pats Ranch Road with three roundabouts.

Geoff Smith, Lennar (applicant), spoke on behalf of the project. He described the project and pointed out various amenities such as a tree lined boulevard and open space that will create a sense of arrival to Vernola Ranch. He reported that 25% of the overall community will be reserved for open space, trails, and the Vernola Ranch Park. He highlighted the project’s architecture and elevations, and the proposed school site. He offered to answer any questions.

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Adrian Cantero spoke regarding the current mental health epidemic. He questioned why more teachers will be hired when there are existing teachers that are suffering from a lack of resources.

Cindy Shier spoke in opposition to the project, stating that she believes that the current equestrian lifestyle is being pushed out by high density housing. She voiced concern that the project will bring additional traffic congestion to the area and she will miss the quality of life that she once knew.

Robert Garcia stated that as a board member of the Jurupa Unified School District, he wanted to dispel any misconceptions that the Jurupa Valley School s are going to be overcrowded, noting that District’s schools are currentl y down 18,000 students. He spoke in favor of the project.

George Ruiz, spoke in favor of the project as Jurupa Valley is deserving of this type of housing. He stated the median income of Jurupa Valley is going up which means there are residents that can afford this type of housing. The project will also encourage additional commercial development that residents have been asking for.

Masaki Mendoza spoke in support of the project, referencing how it is in the interests of preserving the environment. He encouraged the Council to take the lead in choosing to provide denser housing which will make housing more affordable for future generations.

Lisa Lane spoke in opposition to the project as it will add a minimum of 3,500 or more cars and the t raffic, noise and pollution will be extreme. She asked the Council to require the builder to add an on/off ramp at Bellegrave to accommodate the additional traffic. Also, the Canadian geese and other migratory birds use this as a feeding/resting area.

Anthony Kelly, Jr., stated that affordable housing is a beautiful blessing, however, the goal of government is to protect the wellbeing of its constituents and no one would like to live next to 1.3 million square ft. of warehousing.

Rick Bondar, (applicant), spoke in support of the project and offered to answer any questions.

Further discussion followed.

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

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-106, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

V ALLEY CERTIFYING AN ENVIRONMENTAL IMPAC T REPORT,

MAKING FINDINGS, ADO PTING A MITIGATION M ONITORING AND

REPORTING PROGRAM, A ND ADOPTING A STATEM ENT OF

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OVERRIDING CONSIDERA TIONS FOR THE VERNOL A RANCH

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

RECREATION AREAS, TRAIL AND PARK NETWORKS, OPEN SPACE,

LANDSCAPING AND STRE ET IMPROVEMENTS, INC LUDING AN

OVERLAY FOR A POTENT IAL SCHOOL SITE ON A N
APPROXIMATELY 153-ACRE SITE GENERALLY BO UNDED BY I -15

FREEWAY TO THE WEST, PATS RANCH ROAD TO THE EAST, AND

BELLEGRA VE TO THE NORTH (VERNOLA RANCH S PECIFIC PLAN

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

Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to introduce Ordinance No. 2024 -04, as amended to include that the concrete sidewalk will be required unless the Jurupa Community Services District deems it unfeasible, entitled:

City Attorney Peter Thorson clarified that all six of the owners should be listed in the ordinance, not just the one applicant.

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) FA MILY DWELLINGS MEDIU M
MANUFACTURING (R-1) AND INDUSTRIAL PARK (I-P) TO SPECIFIC

PLAN (SP) ZONE TO PERMIT THE VERNOLA RANCH SPECIFIC PLAN

WHICH PROVIDES FOR T HE DEVELOPMENT OF AP PROXIMATELY
1,576 RESIDENTIAL DWELLING UNITS, RECREATION AREAS, TRAIL

AND PARK NETWORKS, O PEN SPACE, LANDSCAPING AND STREET

IMPROVEMENTS INCLUDI NG AN OVERLAY FOR A POTENTIAL
SCHOOL SITE, ON AN APPROXIMATELY 15 3-ACRE SITE
GENERALLY BOUNDED BY I-15 FREEWAY TO THE WEST, PATS

RANCH ROAD TO THE EA ST, AND BELLEGAVE TO THE NORTH
(VERNOLA RANCH SPECIFIC PLAN PROJECT)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to introduce Ordinance No. 2024-05, entitled:

City Attorney Peter Thorson clarified that all six of the owners should be listed in the ordinance, not just the one applicant.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING DEV ELOPMENT AGREEMENT N O. 22001 (DA
22001) BETWEEN THE C ITY AND MCCUNE & ASS OCIATES TO

IMPLEMENT THE VERNOL A RANCH SPECIFIC PLA N WHICH
PROVIDES FOR THE DEV ELOPMENT OF APPROXIMATELY 1,576

RESIDENTIAL DWELLING UNITS, RECREATION AREAS, TRAIL AND

PARK NETWORKS, OPEN SPACE, LANDSCAPING A ND STREET

IMPROVEMENTS INCLUDI NG AN OVERLAY FOR A POTENTIAL
SCHOOL SITE, ON AN A PPROXIMATELY 153 -ACRE SITE
GENERALLY BOUNDED BY I-15 FREEWAY TO THE WEST, PATS

RANCH ROAD TO THE EA ST, AND BELLEGRAVE T O THE NORTH
(VERNOLA RANCH SPECIFIC PLAN PROJECT)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-107, entitled:

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

IMPLEMENT THE VERNOL A RANCH SPECIFIC PLA N WHICH
PROVIDES FOR THE DEV ELOPMENT OF APPROXIM ATELY 1,576

RESIDENTIAL DWELLING UNITS, RECREATION AREAS, TRAIL AND

PARK NETWORKS, OPEN SPACE, LANDSCAPING A ND STREET

IMPROVEMENTS, INCLUD ING AN OVERLAY FOR A POTENTIAL
SCHOOL SITE ON AN AP PROXIMATELY 153 -ACRE SITE
GENERALLY BOUNDED BY I-15 FREEWAY TO THE WEST, PATS

RANCH ROAD TO THE EA ST, AND BELLEGRAVE T O THE NORTH
(VERNOLA RANCH SPECIFIC PLAN)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None
D. PUBLIC HEARING TO CO NSIDER 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

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NORTH OF 45TH STREET BETWEEN OPAL STREET AND P ACIFIC
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,

INTERNAL STREET NETWORK, OPEN SPACE, LANDSCAPING, AND
STREET IMPROVEMENTS ON 1 53-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 N O. 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: GENERAL LY 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.

Joe Perez, Community Development Director, presented the staff report. Mr. Perez reported that the state of California limits the number of General Plan Amendments that can be approved in any calendar year. The City Council has previously approved three different batched amendments and this would be the fourth that would be allowed.

Further discussion followed.

Mayor Chris Barajas opened the public hearing.

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

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to 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-

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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 R ESIDENTIAL 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 AVEN UE (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)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None

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

COMMITTEE
City Clerk Victoria Wasko presented the staff report.

Mayor Chris Barajas invited the following individuals to address the Council and share why they are interested in serving on the Community Development Advisory Committee:

George Ruiz
Sonia Wraich
A motion was made by Council Member Brian Berkson, seconded by Mayor Chris Barajas, to appoint George Ruiz to fill an unscheduled vacancy on the Community Development Advisory Committee for a ter m expiring in December 2026.

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

Absent: None
A motion was made by Mayor Chris Barajas, seconded by Council Member Brian Berkson, to appoint Sonia Wraich to fill an unscheduled vacancy on the Community Development Advisory Committee for a term expiring in December 2026.

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

Absent: None

B. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE

Staff Report presented by Victoria Wasko, City Clerk. In accordance with Ordinance No. 201 9-04, 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.

A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Mayor Chris Barajas, to reconfirm the appointment of Rachel Lopez, pursuant to Ordinance No. 2019-04.

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

Absent: None
A motion was made by Council Member Armando Carmona, seconded by Mayor Chris Barajas, to reconfirm the appointment of Joanna Medina, pursuant to Ordinance No. 2019-04.

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

Absent: None
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Chris Barajas, to reconfirm the appointment of David McEachern, pursuant to Ordinance No. 2019-04.

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

Absent: None
C. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PLANNING COMMISSION

Staff Report presented by Victoria Wasko, City Clerk. 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.

A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to reconfirm the appointment of Hakan Jackson, pursuant to Ordinance No. 2013-11.

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

Absent: None
A motion was made by Mayor Chris Barajas, seconded by Mayor Pro Tem Guillermo Silva, to reconfirm the appointment of Penny Newman , pursuant to Ordinance No. 2013-11.

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

Absent: None
A motion was made by Council Member Brian Berkson, seconded by Council Member Leslie Altamirano, to reconfirm the appointment of Arleen Pruitt, pursuant to Ordinance No. 2013-11.

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

Absent: None
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to reconfirm the appoi ntment of Laura Shultz , pursuant to Ordinance No. 2013-11.

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

Absent: None
Abstain: A. Carmona
A motion was made by Council Member Armando Carmona, to reconfirm the appointment of Yesenia Villagomez, pursuant to Ordinance No. 2013-11.

MOTION DIED FOR LACK OF A SECOND
Following the vote, the City Clerk was directed to advertise the unscheduled vacancy pursuant to Jurupa Valley Municipal Code § 2.35.030.

D. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE

PUBLIC WORKS ADVISORY COMMITTEE
Staff Report presented by Victoria Wasko, City Clerk. 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 th e City Council in December of each year.

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to reconfirm the appointment of Jose Cuellar, pursuant to Ordinance No. 2022-13.

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

Absent: None
A motion was made by Council Member Brian Berkson, seconded by Council Member Leslie Altamirano, to reconfirm the appointment of Uriel De La Torre, pursuant to Ordinance No. 2022-13.

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

Absent: None
A motion was made by Mayor Chris Barajas , seconded by Council Member Leslie Altamirano, to reconfirm the appointment of Robert Galindo, pursuant to Ordinance No. 2022-13.

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

Absent: None
A motion was made by Council Member Brian Berkson, seconded by Mayor Chris Barajas, to reconfirm the appointment of Mayra Jackson, pursuant to Ordinance No. 2022-13.

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

Absent: None
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Mayor Chris Barajas, to reconfirm the appointment of Alondra Munoz, pursuant to Ordinance No. 2022-13.

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

Absent: None
Abstain: A. Carmona
A motion was made by Council Member Armando Carmona , seconded by Council Member Brian Berkson, to reconfirm the appointment of Uriel De La Torre, pursuant to Ordinance No. 2022-13.

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

Absent: None

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E. APPOINTMENT OF REPRESENTATIVES AND ALTERNATES TO

REGIONAL BOARDS AND COMMITTEES
City Clerk Victoria Wasko reported that the Council is being asked to consider appointments to various regional Boards and/or Committees for the 2024 calendar year.

A motion was made by Council Member Leslie Altamirano, seconded by Council Member Brian B erkson, to approve travel and/or reimbursement of expenses to attend upcoming conferences and ma ke the following appointments for the 2024 Calendar Year:

1. Northwest Mosquito and Vector Control District (2 -year term) – Mayor- Elect Guillermo Silva, Representative. (No alternate required)

2. Public Entity Risk Management Authority (PERMA) – City Manager Rod Butler, Representative, Connie Cardenas, Administrative Services Director, Alternate

3. Riverside County Transportation Commission (RCTC) – Mayor Pro Tem- Elect Brian Berkson, Representative, Council Member Armando Carmona, Alternate

4. Riverside Transit Agency (RTA) – Mayor Pro Tem -Elect Brian Berkson, Representative, Council Member Armando Carmona, Alternate

5. Western Riverside Council of Governments (WRCOG) – Council Member Chris Barajas, Representative, Mayor Pro Tem -Elect Brian Berkson, Alternate

6. Western Riverside County Regional Conservation Authority (RCA) Council Member Leslie Altamirano, Representative, Mayor -Elect Guillermo Silva, Alternate

7. City Celebration Committee – Mayor-Elect Guillermo Silva and Mayor Pro Tem-Elect Brian Berkson

8. Legislative Ad Hoc Committee - Mayor-Elect Guillermo Silva and Mayor Pro Tem-Elect Brian Berkson

E.2 CONSIDERATION OF A RESOLUTION APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REFLECTING THE

APPOINTMENTS MADE TO THE REGIONAL BOARDS AND

COMMISSIONS
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-109, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, APPROVING A REVISED FAIR POLITIC AL PRACTICES
COMMISSION FORM 806 REGARDING THE APPOIN TMENT OF

COUNCIL MEMBERS TO COMPENSATED POSITIONS

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

Absent: None

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

20. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Leslie Altamirano announced that a food and toy giveaway will be held at the Sikh Food Pantry on Mission Blvd. in Rubidoux on Saturday. They are also looking for volunteers. She thanked all the local businesses that provided support to the various toy drives held throughout the city.

Mayor Pro Tem Silva thanked all the community organizations and volunteers who came out to support the “Christmas with Friends” event. He conveyed a Merry Christmas and Happy New Year to all.

Council Member Armando Carmona wished everyone a happy holiday. He stated that he grew up in Jurupa Valley and he loves the city. He expressed his view that the City Council removed the only Latina from the Planning Commission, which is an example of the “corruption and tyranny” that is occurring. He promised to continue to work for the community.

21. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 1:32 a.m.

The next meeting of the Jurupa Valley City Council will be held January 18, 2024 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

Page | 1
120

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.B

CHECK REGISTERS

RECOMMENDATION
That the City Council ratify the check registers dated November 29, and December 7, 13, 21, and 28, 2023 as well as the payroll registers dated November 24, 30 and December 8 and 22, 2023.

The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2023-24 Budget was adopted on June 15, 2023. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANALYSIS
All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated December 7, 2023 includes a $16,469.60 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.

OTHER INFORMATION
None.

FINANCIAL IMPACT
Check registers:
11/29/2023 $ 1,043,050.26
12/07/2023 $ 769,262.30
12/13/2023 $ 1,863,434.90
12/21/2023 $ 463,407.27

RETURN TO AGENDA

AGENDA ITEM NO. 11.C
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ORDINANCE NO. 2024-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , CALIFORNIA, APPROVING CHANGE OF
ZONE NO. 21003 (CZ 21003) TO CHANGE THE ZONE FROM

MEDIUM-MANUFACTURING TO MANUFACTURING -

SERVICE COMMERCIAL T O PERMIT THE CONSTRUCT ION
OF AN APPROXIMATE 1.18 MILLION SQUARE FOOT

INDUSTRIAL PARK WITH FIVE BUILDINGS LOCA TED

WESTERLY OF WEST RIV ERSIDE CANAL, SOUTHE RLY OF
25TH STREET, NORTHER LY 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)

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

Section 1. Background. On July 5, 2018, the City Council considered Proficiency Capital, LLC’s (t he “Applicant”) request for a General Pla n Amendment ( “GPA”) to allow a logistics use on the project site, which is 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. This is outside the General Plan Mira Loma and Agua Mansa Warehouse and Distribution Center Overlays. The City Council, without consideration of the merits of the proposed project, initiated a G PA to analyze and review the Applicant’s request to develop the Rubidoux Commerce Park on the Project site . In 2022, the Planning Commission and City Council held study sessions on the proposed project. On March 17, 2022, the City Council stated they were not supportive of the proposed distribution warehouse use at this p roject site and the Applicant decided to modify the proposed project in response to these comments.

Section 2. Project. The Applicant applied for Change of Zone No. 21003, Site Development Permit No. 19008, Tentative Parcel Map No. 37677, and Development Agreement No. 19001 (collectively, Master Application No. 17132 or MA No. 17132) to permit the construction of a proposed 1.18 million square foot industrial complex consisting of five buildings on the property 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 (APNs: 178 -030,001, 002, 003, 006, 008, 009, 010, 178 -070-001, 002, 003 (the “Project”). These applications were filed in a manner in accord with the City of Jurupa Valley General Plan and the Jurupa Valley Municipal Code. This Ordinance add resses Change of Zone No. 21003 . Site Development Permit No. 19008 and Tentativ e Parcel Map No. 37677 will be addressed by resolution. Development Agreement No. 19001 will be addressed by a separate ordinance.

Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:

RETURN TO AGENDA

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Pub. Res. Code § 21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental Impact Report (“EIR”) should be prepared. An EIR was prepared (SCH # 2020110449 ) for the Project. Change of Zone No. 21003 was included in the Project Description for the EIR and its impacts analyzed therein. (f) On December 21, 2023, the City Council of the City of Jurupa Valley considered the proposed Project, Change of Zone No. 21003 , and the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed and conducted public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, Development Agreement, EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to prior to adopting this Ordinance. (g) Following the public hearing, the City Council adopted Resolution No. 2023-102, “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 CONSIDERATION S TO PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION SQUARE FOOT INDUSTRIAL

PARK WITH FIVE BUILDINGS LOCATED EASTERLY OF MONTANA AVENUE, WESTERLY OF WEST RIVERSIDE CANAL, SOUTHERLY OF 25TH STREET, NORTHERLY OF 28TH STREET, AND TWO PARCELS LOCATED S OUTHEAST OF THE

WEST RIVERSIDE CANAL AND NORTHWEST OF AVALON STREET, AND EAST OF 28TH STREET (RUBIDOUX COMMERCE PARK) ,” that included Change of Zone No. 21003 in the Project Description.

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(h) Following the public hearing, the City Council also adopted Ordinance No. 2024-02, “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).” (i) Following the public hearing, the City Council also adopted Resolution No. 2023-103, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING MASTER APPLICATION NO. 17132 CONSISTING OF TENTATIVE PARCEL MAP NO. 37677 (TPM 37677) AND SITE DEVELOPMENT PERMIT NO. 19008 (SDP 19008), 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)” which approvals are vested by the Development Agreement. (j) All legal preconditions to the adoption of this Ordinance have occurred.

Section 4. Change of Zone.
(a) The Applicant is seeking approval of Change of Zone No. 21003 to rezone four parcels located Easterly of Montana Avenue, Westerly of West Riverside Canal, Southerly of 25th Street, and Northerly of 28th Street (APNs: 178-030,001, 002, 003, 006, 008, 009, 010, 178 - 070-001, 002, 003 ) from Manufacturing -Manufacturing Medium (M -M) to Manufact uring- Service Commercial (M-SC) as depicted in Exhibit “A.”
(b) Section 9.285.040.(1) of the Jurupa Valley Municipal Code provides that the Planning Commission shall hold a public hearing on proposed amendments to the City’s Zoning Ordinance that propose to change property from one zone to another. (c) Section 9.285.020(C) of the Jurupa Valley Municipal Code states that an application of the change of zon e shall not be set for a public hearing unless: (1) all procedures required by the Jurupa Valley Rules Implementing the California Environmental Quality Act (Pub.

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shall be shown on the original transmitted to the City Council. If the Planning Commission does not reach a decision due to a tie vote, that fact shall be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (e) 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) Section 9.285.040.(5) provides that after closing the public hearing the City Council shall render its decision within a reasonable time and may approve, modify, or disapprove the recommendation of the Planning Commission.

Section 5. Findings for Approval of Change of Zone. In approving Change of Zone No. 21003, the City Council of the City of Jurupa Valley finds and determines that:
(a) Change of Zone No. 21003 to change the zone for the Project site from Medium-Manufacturing to Manufacturing-Service Commercial (M -SC) is necessary to ensure consistency with the General Plan which designates the Project site as Light Industrial.

Section 6. Approval of Change of Zone 21003 . The City Council of the City of Jurupa Valley hereby approves Change of Zone No. 21003 to rezone four parcels located Easterly of Montana Avenue, Westerly of West Riverside Canal, Southerly of 25th Street, and Northerly of 28th Street (APNs: 178 -030,001, 002, 003, 006, 008, 009, 010, 178 -070-001, 002, 003 ) from Manufacturing-Manufacturing Medium (M-M) to Manufacturing-Service Commercial (M-SC) as depicted in Exhibit “A”.

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 shall take effect thirty (30) days after its adoption.

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.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of January, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -01 was regularly introduced at a regular meeting of the City Council held on the 21 st day of December, 2023 and thereafter at a regular meeting held on the 18th day of January, 2024, 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 18th day of January, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

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Exhibit A
Change of Zone (CZ 21003)

Exhibit A
Change of Zone from M-M Zone to M-SC

AGENDA ITEM NO. 11.D
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ORDINANCE NO. 2024-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING
DEVELOPMENT AGREEMEN T NO. 19001 (DA 19001 )

BETWEEN THE CITY AND PROFICIENCY CAPITAL, LLC

TO PERMIT THE CONSTRUCT ION OF A N
APPROXIMATE 1.18 MILLION SQUARE FOOT

INDUSTRIAL PARK WITH FIVE BUILDINGS LOCA TED

WESTERLY OF WEST RIVERSIDE CANAL, SOUTHERLY
OF 25TH STREET, NORT HERLY OF 28TH STREET, AND

TWO PARCELS LOCATED SOUTHEAST O F THE WEST

RIVERSIDE CANAL AND NORTHWEST OF AVALON
STREET, AND EAST OF 28TH ST REET (RUBIDOUX

COMMERCE PARK)

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

Section 1. Background. On July 5, 2018, the City Council considered Proficiency Capital, LLC’s (t he “Applicant”) request for a General Plan Amendment ( “GPA”) to allow a logistics use on the project site, which is 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. This is outside the General Plan Mira Loma and Agua Mansa Warehouse and Distribution Center Overlays. The City Council, without consideration of the merits of the proposed project, initiated a G PA to analyze and review the Applicant’s request to develop the Rubidoux Commerce Park on the Project site . In 2022, the Planning Commission and City Council held study sessions on the proposed project. On March 17, 2022, the City Council stated they were not supportive of the proposed distribution warehouse use at this p roject site and the Applicant decided to modify the proposed project in response to these comments.

Section 2. Project. The Applicant applied for Change of Zone No. 21003, Site Development Permit No. 19008, Tentative Parcel Map No. 37677, and Development Agreement No. 19001 (collectively, Master Application No. 17132 or MA No. 17132) to permit the construction of a proposed 1.18 million square foot industrial complex consisting of five buildings on the property located westerly of W est 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 (APNs: 178 -030,001, 002, 003, 006, 008, 009, 010, 178 -070-001, 002, 003 (the “Project”). These applications were filed in a manner in accord with the City of Jurupa Valley General Plan and the Jurupa Valley Municipal Code. This Ordinance addresses Development Agreement No. 19001. Change of Zone No. 21003 will be addressed by a separate ordinance. Site Development Permit No. 19008 and Tentativ e Parcel Map No. 37677 will be addressed by resolution.

Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:

RETURN TO AGENDA
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(a) The application for MA No. 17132 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and local law , including the California Environmental Quality Act.
(b) On November 8, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 17132, 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 Commissi on closed the public hearing and voted 3 -1 to deny the Project, and directed staff to prepare a resolution of denial. On November 29, 2023 the Planning Commission adopted a resolution denying the Project. (c) The Applicant timely appealed the denial of the Project. (d) On December 21, 2023, the City Council of the City of Jurupa held a public hearing on MA No. 17132, 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.
(e) The proposed Development Agreement between Proficiency Capital, LLC, (“Owner”) and the City of Jurupa Valley DA 19001 (“Development Agreement”) provides the Owner vested rights to proceed with the development of the Project Site in accordance with the terms and conditions of the Development Agreement. By entering into the Development Agreement, the City is securing certain public benefits which enhance the public health, safety and welfare. The term of the Development Agreement is for ten (10) years. The benefit of the Development Agreement for the Owner is the protection of the approvals. The Development Agreement includes community benefits that would be provided. The estimated total benefit amount, based on a 10 year projection (discounted at net present value), is $12,848,618. (f) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal.

Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental Impact Report (“EIR”) should be prepared. An EIR was prepared (SCH # 2020110449 ) for the Project. Development Agreement No. 19001 was included in the Project Description for the EIR and its impacts analyzed therein. (g) On December 21, 2023, the City Council of the City of Jurupa Valley considered the proposed Project, including Development Agreement No. 19001, the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed and conducted public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, Development Agreement No. 19001 , the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to prior to adopting this Ordinance.

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(h) Following the public hearing, the Council adopted Resolution No. 2023 - 102, “ A RES OLUTION 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 TO PERMIT THE CONSTRUCTION OF AN APPROXIMATE 1.18 MILLION SQUARE FOOT INDUSTRIAL

PARK WITH FIVE 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 (RUBIDOUX COMMERCE PARK),” that included Development Agreement No. 19001 in the Project Description.
(i) Following the public hearing, the Council also adopted Ordinance No. 2024-01, “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 MANUFACTURING -SERVICE 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).
(j) Following the public hearing, the Council also adopted Resolution No. 2023-103, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING MASTER APPLICATION NO. 17132 CONSISTING OF TENTATIVE PARCEL MAP NO. 37677 (TPM 37677) AND SITE DEVELOPMENT PERMIT NO. 19008 (SDP 19008), 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)” which approvals are vested by the Development Agreement. (k) All legal preconditions to the adoption of this Ordinance have occurred.

Section 4. Development Agreement.
(a) The Applicant is seeking approval of Development Agreement No. 19001, which agreement would provide: (i) the Applicant with assurance that development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval, (ii) the City with assurance that certain obligations of the Applicant’s will be met. (b) California Government Code Sections 65864 -65869.5 (the “Development Agreement Act”) authorize the City to enter into a binding developmen t agreement for the -4-

development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
(c) Section 65867 of the Development Agreement Act provides that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
(d) Section 65867.5(b) of the Development Agreement Act provides that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

Section 5. Findings for Approval of Development Agreement . In approving Development Agreement No. 19001, the Jurupa Valley City Council hereby makes the following findings:
(a) The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following:
1) Provisions in Section 9 requiring periodic review at least every twelve months, at which time the Owner shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2) Duration of the Development Agreement, as specified in Section 3.3 of the Agreement as being ten (10) years (Government Code Section 65865.2). 3) The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes are set forth in Title 7, Subdivisions of the Jurupa Valley Municipal Code, and Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code which is part of the Project Approvals incorporated into the Development Agreement by Section 2.14 thereof and vested by the Development Agreement (Government Code Section 65865.2). 4) Terms and conditions in the Project Approvals and the Development Agreement, require the Developer to construct all necessary public improvements necessary to access and improve the Property for the proposed uses (Government Code Section 65865.2). (b) Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City’s General Plan, and each element thereof, as amended, and the following goals and policies, in that the Development Agreement incorporates by reference and vests the Project Approvals, as defined therein, including but not limited to the Tentative Parcel Map No. 37677:
1) The Development Agreement will obligate the Owne r, as consideration for the Development Agreement, to make Community Benefit Contributions of an -5-

estimated $12,848,618 based on a 10 year projection (discounted at net present value), for: (1) the enhancement or construction of public facilities; (2) maintenance of infrastructure; (3) supplement public safety; (4) public improvements for the Belltown Neighborhood; (5) provide payments for a planning study for the Rubidoux Downtown Master Plan, that would establish goals, objectives, and policies designed to protect residential neighborhoods co nsistent with the General Plan; (6) convey to the City the land and existing building designated as “Building 5” on the Project site for One Dollar ; and (7) partner with a local non -profit organization, approved by the City Manager, to provide meals and food to the community.
2) The Project Approvals vested by the Development Agreement are consistent with the City’s General Plan, in that the proposed Project Approvals are intended to subdivide the Project site into five parcels to allow the construction of five industrial buildings.

The subdivision will be consistent with the Land Use Objectives of the General Plan to strengthen the employment base, and promote a more balanced range of land uses that meets the needs and values of the wider community, and ensure that vacant land and resources are used wisely. 3) The Project Approvals vested by the Development Agreement are consistent with the following Land Use Element goal : LUE 2 Attract high quality commercial, office, and industrial areas offering a range of retail, service and employment uses that complement rather than compete with one another.
4) The design or improvement of the Project Approvals vested by the Development Agreement is consistent with the City’s General Plan in that the proposed subdivision would subdivide the project site into the 5 industrial building consistent with the Light Industrial land use designation to accommodate the land uses, prelimin ary grading and utilities plan, street improvements, and infrastructure improvements associated with the Project. (b) Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council finds and determines that: (1) this Agreement provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) this Agreement is in the best interests of and not detrimental to the public health, safety, and g eneral welfare of City and its residents; (iii) adopting this Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.
(c) Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section

4.10 of the Development Agreement provides that the Project includes a subdivision as defined in Government Code Section 66473.7. Any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be available to service the residential subdivisions.
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(d) The Project includes a subdivision as defined in Government Code Section 66473.7. Any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be avai lable to service the residential subdivisions.

Section 6. Approval of Development Agreement. The City Council of the City of Jurupa Valley hereby approves the Development Agreement between the City of Jurupa Valley and Proficiency Capital , LLC, in substantially the f orm submitted to the City Council and authorizes the Mayor to execute the Development Agreement on behalf of the City in substantially the form submitted to the City Council. Upon execution by all parties, an original shall be kept on file in the Office of the City Clerk. City Clerk is directed to record this Development Agreement in the Official Records of the County of Riverside within ten (10) days of the effective date of this Ordinance.

Section 8. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after its adoption.

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

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of January, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -02 was regularly introduced at a regular meeting of the City Council held on the 21 st day of December, 2023 and thereafter at a regular meeting held on the 18th day of January, 2024, 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 18th day of January, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

AGENDA ITEM NO. 11.E
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ORDINANCE NO. 2024-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING AN

AMENDMENT TO THE CIT Y 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 A VENUE (APN: 182 -190-015, 182 -
190-016, AND 182-190-017) CHANGING THE ZONING MAP
FROM ONE FAMILY DWEL LINGS (R-1) TO PLANNED

UNIT DEVELOPMENT (PUD) (LAS PALMAS PROJECT)

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

Section 1. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) RC Hobbs Company (the “RC Hobbs”) has applied for General Plan Amendment No. 21009, Change of Zone No. 21011, and Tentative Tract Map No. 37857, (Master Application No. 21272 or MA No. 21272) to permit the construction 36 single -family detached homes on a 3.84 -acre site located north of 45th Street, between Opal Street and Pacific Avenue (the “Project”). Change of Zone No. 21011 is the subject matter of this ordinance. General Plan Amendment No. 21009 and Tentative Tract Map No. 37857 were considered by separate resolutions.
(b) The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14 Cal. Code Regs 15000 et seq. (collectively referred to as “CEQA”). (c) Pursuant to CEQA (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Pro ject as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that, with the incorporation of mitigation measures, there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration (“MND”) was prepared by the City in full compliance with CEQA.
(d) On November 8, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project, at which time all persons interested in the Project had the opportunity to address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing, and voted 3 to 1 (Penny Newman was absent) to recommend that the City Council approve the Project.

RETURN TO AGENDA
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12774.0007/2891460v1
(e) On December 21, 2023, the City Council of the City of Jurupa Valley held a public hearing on the on the Project, at which time all persons interested in the Project had the opportunity to address the City Council on these matt ers. Following the receipt of public testimony, the City Council closed the public hearing.
(f) Following the public hearing, the City Council adopted Resolution No. 2023-104, entitled: “A RESOLUTION OF THE CITY COUNCIL OF JURUPA VALLEY

ADOPTING A MITIGATED N EGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM 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).” (g) Following the public hearing, the City Council also adopted Resolution No. 2023-108, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING (1) GENERAL PLAN AMENDMENT NO. 2200 3 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 RES IDENTIAL (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 PROPOSED SMALL LOT SINGLE -FAMILY DETACHED DWELLIN GS AT A DENSITY OF 9.3 DWELLINGS UNITS PER ACRE (LAS PALMAS PROJECT) ” thereby approving General Plan Amendment No. 21009.
(h) Following the public hearing, the City Council also adopted Resolution No. 2023-105, entitled: “A RESOLUTION OF THE CITY COUNCIL OF TH E 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).”
Section 2. Change of Zone.
(a) RC Hobbs has initiated Change of Zone No. 21011 to rezone approximately

3.84 acres of real property located north of 45th Street between Opal Street and Pacific Avenue -3-
12774.0007/2891460v1
(APN: 182-190-015, 182-190-016, and 182-190-017), changing the zoning map from One Family Dwellings (R-1) to Planned Unit Development Zone (PUD), as shown on Exhibit “A”. (b) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(1), the PUD zoning district may be approved o nly for a project that incorporates at least five of the following features:
1) Residential clustering that will provide for new neighborhoods combined with abundant open space.
2) Commercial development that provides products or services not currently available within the city.
3) Preservation of abundant natural open space.
4) The project will provide a substantial public amenity, for example, a significant public plaza, a public park, trails or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city. 5) The p roject includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre.
6) Additional public benefits and project amenities that advance t he city's identified objectives and evolving visions as identified in the General Plan and Community Plans.
7) The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at le ast a silver rating on the LEED or other equivalent rating system, or achieving a minimum of thirty (30) percent greater energy efficiency than the minimum required by California Code of Regulations Title 24.
8) The project provides for a significant saving of water usage over the life of the project.
9) Stormwater runoff controls.
(c) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(2), prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
1) The project is consistent with the General Plan and any applicable Specific and Community Plans;
2) The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning; -4-
12774.0007/2891460v1
3) The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project;
4) The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), including improved pedestrian or transit access to jobs, goods and services; 5) The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards; 6) The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be integrated into the neighborhood; 7) The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary; 8) The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
9) All affected pub lic facilities, services and utilities are adequate to serve the proposed project; and
10) The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(d) Section 9.285.010. of the Jurupa Valley Municipal Code provides that amendments to Title 9 of the Jurupa Valley Municipal Code must be made in accordance with the procedures set forth in Government Code Section 65800 et seq. , as now enacted or hereafter amended, and with the requirements of Title 9. Government Code Section 65853 provides that an amendment to a zoning ordinance, which amendment changes any property from one zone to another, shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. (e) 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.
(f) Section 9.285.040.(1) of the Jurupa Valley Municipal Code provides that the Planning Commission shall hold a public hearing on proposed amendments to the City’s Zoning Ordinance that propose to change property from one zone to another. -5-
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(g) Section 9.285.040.(3) of the Jurupa Valley Municipal Code provides that after closing the public hearing the Planning Commission shall render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the recommendation is to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. If the Planning Commission does not reach a decision due to a tie vote, that fact shall be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (h) 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.
(i) Government Code Section 65857 provides t hat 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.
(j) 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 Comm ission’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. Findings for Approval of Change of Zone. In approving Change of Zone No. 21011, the City Council of the City of Jurupa Valley hereby finds and determines that:
(a) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(1), a PUD zoning district may be approved only for a project that incorporates at least five of the following features:
1) The proposed project incorporates residential clustering through the inclusion of smaller lots ranging in size from 1,735 to 2,235 square feet combined with abundant open space in the form of public open space recreation area, and landscaped public space. 2) The proposed project provides substantial public amenities including a 17,101 square foot common recreation and open space area that incorporates barbeque areas, picnic tables, hot coal containers, patio covers, tot lot play area, basketball court, and raised vegetable boxes all to be maintained by the HOA for the site. The project includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre. -6-
12774.0007/2891460v1
3) The project enhances the City's vison by contributing to the desired small-town feel, active outdoor life, diversity, environmental justice, and health by providing a project that introduces a varied high quality housing type along with open space that meets the needs of a broader group of people with distinct lifestyles and income levels. The project provides a unique community that exhibits high quality design, architecture, and sense, of place. 4) The project will achieve greater energy efficiency that standard developments throughout the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating on the LEED or other equivalent rating system, or achieving a minimum of thirty (30) percent greater e nergy efficiency than the minimum required by California Code of Regulations Title 24. The project is subject to the California Building Code which ensures that this project score at least a silver rating on the LEED or achieve a minimum of thirty (30) percent greater energy efficiency than the minimum required by Title 24. 5) The project provides for a significant saving of water usage over the life of the project. All landscape areas within the proposed project would include drought-tolerant trees and shrubs with a permanent irrigation system to minimize water use and runoff for the life of the project.
6) The proposed project provides for stormwater water runoff controls through the preservation of natural open space, and the development of off -street conc rete channels, gutters, and stormwater basins.
(b) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(2), prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
1) The project is consistent with the General Plan and any applicable Specific and Community Plans. The project is consistent with the General Plan in that th e project site is proposed to be High Density Residential (HDR) that allows for up to fourteen (14) dwelling units per acre, and the project is proposing 9.3 dwelling units per acre; 2) The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning; 3) The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project. The proposed mo difications to the development standards of the zoning regulations are necessary to accommodate the proposed density and superior design of the proposed project in that they allow for residential clustering, and additional recreational and open space;
4) The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), including improved pedestrian or transit access to jobs, goods and services. The proposed project would benefit t he area surrounding the project site in that it would provide for new pedestrian and -7-
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vehicular connectivity, activate undeveloped parcels in the City, and create additional opportunities for recreation and healthy mobility;
5) The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards.

The proposed project would incorpora te open play areas, playgrounds, basketball court, raised vegetable boxes, BBQ area, private street improvements, individual lot and streetscape landscaping, retention basins, and wall and fences to achieve a higher quality of development than would otherwise be possible under convention zoning standards; 6) The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be in tegrated into the neighborhood. The proposed project is compatible with the adjoining land use in that it provides residential uses to an existing residential corridor, provides a substantial amount of open space, and integrates a residential community within the existing neighborhood;
7) The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary. The proposed project complies with all applicable access, parking, lan dscaping, and trash pick -up requirements, as necessary:
8) The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
9) All affected public facilities, services and utilities are adequate to serve the proposed project. The required facilities, services, and utilities including sewer, water, and trash pick-up are adequate to serve the project; and 10) The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The proposed project will not be detrimental to the health, safety, and general welfare of current or future residents in that it is a low -intensity residential project compatible to the surrounding residen tial community and will activate an inactivated area of the City.

Section 4. Approval of Change of Zone. Based on the foregoing, t he City Council of the City of Jurupa Valley hereby:
1) Approves Change of Zone No. 21011 changing the zone of 3.84 acres of real property located north of 45th Street between Opal Street and Pacific Avenue (APN:
182-190-015, 182-190-016, and 182-190-017) from One Family Dwellings (R-1) to Planned Unit Development (PUD), as shown on Exhibit “A”.
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2) Directs the City Manager to revise the official City of Jurupa Valley Zoning Map to designate the Property as being in this new zone. 3) Determines that this Ordinance shall not go into effect unless General Plan Amendment No. 21009 is adopted by the City Council.

Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it w ould have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 6. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after its adoption.

Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of January, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk
-9-
12774.0007/2891460v1

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. 2024 -03 was regularly introduced at a regular meeting of the C ity Council held on the 21 st day of December, 2023 and thereafter at a regular meeting held on the 18th day of January, 2024, 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 18th day of January, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
-10-
12774.0007/2891460v1
Exhibit A
Change of Zone (CZ 21011)

AGENDA ITEM NO. 11.F
-1-
ORDINANCE NO. 2024-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , CALIFORNIA, APPROVING CHANGE OF
ZONE NO. 22002 TO CHANGE THE ZONE FRO M ONE-(1)
FAMILY DWELLINGS MEDIUM MANUFACTURING (R-1) AND

INDUSTRIAL PARK (I -P) TO SPECIFIC PLAN (S P) ZONE TO

PERMIT THE VERNOLA RANCH SP ECIFIC PLAN WHICH

PROVIDES FOR THE DEV ELOPMENT OF APPROXIM ATELY
1,576 RESIDENTIAL DW ELLING UNITS, RECREA TION

AREAS, TRAIL AND PAR K NETWORKS, OPEN SPACE,

LANDSCAPING AND STREET I MPROVEMENTS INCLUDING

AN OVERLAY FOR A POT ENTIAL SCHOOL SITE , ON AN
APPROXIMATELY 153 -ACRE SITE GENERALLY BO UNDED
BY I -15 FREEWAY TO T HE WEST, PATS RANCH ROAD TO

THE EAST, AND BELLEG AVE TO THE NORTH (VE RNOLA

RANCH SPECIFIC PLAN PROJECT)

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

Section 1. Project. The Applicant has applied for General Plan Amendment No. 22003; Specific Plan No. 22001 establishing the Vernola Ranch Specific Plan to provide development standards and design guidelines for the Project area; 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 Specific Plan zoning; Development Agreement No. 22001; and Tentative Tract Map No. 38504 to implement the Vernola Ranch Specific Plan which consists of approximately 1,576 residential dwelling units (single-family, multi-family, townhomes, and other housing types), recreation areas, a network of trails and parks, internal street network, open space, landscaping, and street improvements, and an overlay for a potential school site located at the northeast portion of the Specific Plan Area (the “Project”). The 200.7-acre Project site includes the 153-acre Vernola Ranch Specific Plan area, 36 acres south of the Specific Plan Area, and approximately 11.7 acres of off-site street improvements on Limonite Avenue, Pats Ranch Road, and Bellegrave Avenue. The Specific Plan area consists of 153 acres, and the subdivision area 198.87 acres, located east of Interstate 15 (I -15), west of Pats Ranch Road, south of Bell egrave Avenue, and north of Limonite Avenue. This Ordinance addresses Change of Zone No. 22002.

General Plan Amendment No. 22003 is addressed by separate resolution. Specific Plan No. 22001 establishing the Vernola Ranch Specific Plan , Specific Plan Amendment No. 266A5 to remove Planning Areas 10, 13, 15, and 20 from the I-15 Corridor Specific Plan, and Tentative Tract Map No. 38504 will be addressed by resolution. Development Agreement No. 22001 will be addressed by a separate ordinance.

Section 2. Procedural Fi ndings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:

RETURN TO AGENDA
-2-

(a) The application for MA No. 22153 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and local law , including the California Environmental Quality Act.
(b) On November 29, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 22135, 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 voted 4 to 1 to approve the Project, and directed staff to prepare a resolution of approval. (c) On December 21, 2023, the City Council of the City of Jurupa held a public hearing on MA No. 22135, 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) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental Impact Report (“EIR”) shoul d be prepared. An EIR was prepared (SCH # 2022120318) for the Project. Change of Zone No. 22002 was included in the Project Description for the EIR and its impacts analyzed therein. (e) On December 21, 2023, the City Council of the City of Jurupa Valley considered the proposed Project including Change of Zone No. 22002 , and the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed and conducted public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received rega rding the propo sed Project, the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to prior to adopting this Resolution.
(f) Following the public hearing, the City Council adopted 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 SPE CIFIC 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

VALLEY APPROVING (1) GENERAL PLAN AMENDMENT NO. 22003 TO CHANGE THE LAND USE DESIGNATION OF APN 160 -050-005 FROM BUSINESS PARK (BP) AND

FROM BP AND MDR TO HDR AND MEDIUM HIGH DENSITY RESIDENTIAL (MHDR), AND APN 160 -050-070 FROM BP AND MDR TO MHDR, HDR, HIGHES T 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 UNIT S (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) TO ALLOW FOR THE DEVELOPMENT OF 36 SINGLE-FAMILY DETACHED HOMES (LAS PALMAS PROJECT).”
(h) Following the public hearing, the City Council adopted 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 DEVELOPMENT OF APPROXIMATELY 1,576 RESIDENTIAL DWELLING UNITS, RECREATION AREAS,

TRAIL AND PARK NETWORK S, 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).”
(i) Following the public hearing, the City Council adopted 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 FO R 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).”
(j) Custodian of Records. The City Clerk of the City o f Jurupa Valley is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, California, 92509. (k) All legal preconditions to the adoption of this Resolution have occurred. -4-

Section 3. Change of Zone.
(a) The Applicant is seeking approval of Change of Zone No. 22002 to rezone as follows:
1) APNs 160-050-063, 160-050-067, 160-050-072, 160-050-068, and 1600-050-070 from One (1) Family Dwellings (R -1) to Specific Plan (SP) as depicted in Exhibit “A.”
2) APNs 160-050-074, 160-050-005, and 160 -050-023 from One (1) Family Dwellings (R -1), Industrial Park (I -P) and Scenic Highway Commercial (C -P-S) to Specific Plan (SP) as depicted in Exhibit “A.”
(b) Section 9.285.040.(1) of the Jurupa Valley Municipal Code provides that the Planning Commission shall hold a public hearing on proposed amendments to the City’s Zoning Ordinance that propose to change property from one zone to another. (c) Section 9.285.020.(C) of the Jurupa Valley Municipal Code states that an application of the change of zone shall not be set for a public hearing unless: (1) all procedures required by the Jurupa Valley Rules Implementing the California Environmental Quality Act (Pub.

Resources Code Section 21000 et seq.) to hear a matter have been completed, and (2) the requested change of zone is consistent with the Jurupa Valley General Plan. (d) Section 9.285.040.(3) of the Jurupa Valley Munici pal Code provides that after closing the public hearing the Planning Commission shall render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the recommendation is to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. If the Planning Commission does not reach a decision due to a tie vote, that fact shall be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (e) 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) Section 9.285.040.(5) provides that after closing the public hearing the City Council shall render its decision within a reasonable time and may approve, modify, or disapprove the recommendation of the Planning Commission.

Section 4. Findings for Approval of Change of Zone. In approving Change of Zone No. 22002, the City Council of the City of Jurupa Valley finds and determines that:
(a) Change of Zone No. 22002 should be approved because it will create consistency with the General Plan and Specific Plan. Change of Zone No. 22002 will change the -5-

zoning of APNs 160-050-063, 160-050-067, 160-050-072, 160-050-068, and 1600-050-070 from One (1) Family Dwellings (R -1) to Specific Plan (SP) and of APNs 160 -050-074, 160-050-005, and 160-050-023 from One (1) Family Dwellings (R-1), Industrial Park (I-P) and Scenic Highway Commercial (C-P-S) to Specific Plan (SP), as shown on Exhibit “A.” This will create consistency with the General Plan and Specific Plan as the Vernola Ranch Specific Plan will govern these parcels.

Section 5. Approval of Change of Zone No. 22002. The City Council of the City of Jurupa Valley hereby:
(a) Approves Change of Zone No. 22002 to rezone APNs 160 -050-063, 160- 050-067, 160-050-072, 160-050-068, and 1600-050-070 from One (1) Family Dwellings (R-1) to Specific Plan (SP) and of APNs 160-050-074, 160-050-005, and 160-050-023 from One (1) Family Dwellings (R-1), Industrial Park (I-P) and Scenic Highway Commercial (C-P-S) to Specific Plan (SP), as shown on Exhibit “A.”
(b) The City Council’s approval of Change of Zone No. 22002 shall not be effective until the effective date of the ordinance adopting Development Agr eement No. 22001, and shall only take effect if General Plan Amendment No. 22003, Specific Plan No. 22001, Specific Plan Amendment No. 266A5, and Tentative Tract Map No. 38504 are adopted by the City Council.

Section 6. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 7. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after its adoption.

Section 8. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

-6-

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of January, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk
-7-

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. 2024 -04 was regularly introduced at a regular meeting of the City Council held on the 21 st day of December, 2023 and thereafter at a regular meeting held on the 18th day of January, 2024, 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 18th day of January, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

A-1

Exhibit A

Change of Zone Exhibit
WEBBNWES CHANGE OF ZONE EXHIBIT #22002
LEGEND
AGENDA ITEM NO. 11.G
-1-
ORDINANCE NO. 2024-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

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

ASSOCIATES TO IMPLEMENT THE VERNOL A RANCH

SPECIFIC PLAN WHICH PROVIDES FOR THE
DEVELOPMENT OF APPRO XIMATELY 1,576 RESID ENTIAL

DWELLING UNITS, RECR EATION AREAS, TRAIL AND PARK

NETWORKS, OPEN SPACE , LANDS CAPING AND STREET

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

THE WEST, PATS RANCH ROAD TO THE EAST, A ND

BELLEGRAVE TO THE NORTH (VERNOLA RANCH SPECIFIC

PLAN PROJECT)

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

Section 1. Project. The Applicant has applied for General Plan Amendment No. 22003; Specific Plan No. 22001 establishing the Vernola Ranch Specific Plan to provide development standards and design guidelines for the Project area; 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 Specific Plan zoning; Development Agreement No. 22001; and Tentative Tract Map No. 38504 to implement the Vernola Ranch Specific Plan which consists of approximately 1,576 residential dwelling units (single-family, multi-family, townhomes, and other housing types), recreation areas, a network of trails and parks, internal street network, open space, landscaping, and street improvements, and an overlay for a potential school site located at the northeast portion of the Specific Plan Area (the “Project”). The 200.7-acre Project site includes the 153-acre Vernola Ranch Specific Plan area, 36 acres south of the Specific Plan Area, and approximately 11.7 acres of off-site street improvements on Limonite Avenue, Pats Ranch Road, and Bellegrave Avenue. This Ordinance addresses Development Agreement No. 22001. General Plan Amendment No. 22003 is addressed by separate resolution. Specific Plan No. 22001 establishing the Vernola Ranch Specific Plan , Specific Plan Amendment No. 266A5 to remove Planning Areas 10, 13, 15, and 20 from the I-15 Corridor Specific Plan, and Tentative Tract Map No. 38504 will be addressed by resolution. Change of Zone No. 22002 will be ad dressed by a separate ordinance.

Section 2. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 22153 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and local law, including the California Environmental Quality Act.

RETURN TO AGENDA
-2-

(b) On November 29, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 22135, 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 voted 4 to 1 to approve the Project, and directed staff to prepare a resolution of approval. (c) On December 21, 2023, the City Council of the City of Jurupa held a public hearing on MA No. 22135, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Follow ing the receipt of public testimony the City Council closed the public hearing.
(d) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental I mpact Report (“EIR”) should be prepared. An EIR was prepared (SCH # 2022120318) for the Project. Specific Plan No. 22001, Specific Plan Amendment No. 266A5, and Tentative Tract Map No. 38504 were included in the Project Description for the EIR and their impacts analyzed therein. (e) On December 21, 2023, the City Council of the City of Jurupa Valley considered the proposed Project including Specific Plan No. 22001, Specific Plan Amendment No. 266A5, and Tentative Tract Map No. 38504 , and the EIR, Findings, M itigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed and conducted public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this mat ter. The City Council considered all the testimony and any comments received regarding the proposed Project, the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to prior to adopting this Resolution.
(f) Following the public hearing, the City Council adopted 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 RE PORTING 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,

TRAIL AND PARK NETWORKS, OPEN SPACE, LANDSCAP ING 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).”
(g) Following the public hearing, the City Council adopted 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 FR OM BUSINESS PARK (BP) AND -3-

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

RANCH SPECIFIC PLAN WHICH PROVIDES FOR TH E 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).”
(i) Following the public hearing, the City Council introduced and conducted a first reading of 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 (I-P) 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).”
(j) Custodian of Records. The City Clerk of the City of Jurupa Valley is the custodian of records, and the doc uments and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, California, 92509. (k) All legal preconditions to the adoption of this Resolution have occurred. -4-

Section 3. Development Agreement.
(a) The Applicant is seeking approval of Development Agreement No. 22001, which agreement would provide: (i) the Applicant with assurance that development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval, (ii) the City with assurance that certain obligations of the Applicant’s will be met. A copy of the Development Agreement is attached as Exhibit “A”.
(b) California Government Code Sections 65864-65869.5 (the “Development Agreements Act”) authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
(c) Section 65867 of the Development Agreement s Act provides that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
(d) Section 65867.5(b) of the Development Agreement s Act provide s that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable s pecific plan. Section 65867.5(c) also provides that a Development Agreement that includes a subdivision as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.

Section 4. Findings for Approval of Development Agreement . In approv ing Development Agreement No. 22001, the Jurupa Valley City Council hereby makes the following findings:
(a) The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following:
1) Provisions in Section 9 requiring periodic review at least every twelve months, at which time the Owner shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2) Duration of the Development Agreement, as specified in Section

3.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3) The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes are set forth in Title 7, Subdivisions of the Jurupa Valley Municipal Code, and Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code which is part of the Project Approvals incorporated into the Development Agreement by Section 2.19 thereof and vested by the Development Agreement (Government Code Section 65865.2). -5-

4) Terms and conditions in the Project Approvals and the Development Agreement, require the Developer to construct all necessary public improvements necessary to access and improve the Property for the proposed uses (Government Code Section 65865.2).
(b) Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City’s General Plan, and each element thereof, as amended, and the following goals and policies, in that the Development Agreement incorporates by reference and vests the Project Approvals, as defined therein, including but not limited to the Tentative Parcel Map No. 38504:
1) The Development Agreement will obligate the Owner, as consideration for the Development Agreement, to make Community Benefit Contributions of an estimated $22,593,626 based on a 20 -year projection (discounted at net present value), for: (1) general municipal services, (2) public safety, and (3) construction of public facilities. 2) The Project Approvals vested by the Development Agreement are consistent with the City’s General Plan, as amended, in that it allows for the development of up to 1,576 residential dwelling units at the density ranges allowed under the General Plan. Specifically, the development of the residential unit is consistent with the following General Plan goals and policies:
a) LUE 1 Encourages attractive, safe, and well -maintained residential neighborhoods that offer a range of high quality housing opportunities that “fit” the community in which they are located
b) LUE 2.1 Residential Development. Accommodate the
development of single-family and multi-family residential units in areas appropriately designated by the General Plan, specific plans, the Equestrian Lifestyle Protection Overlay, and community and town center plans land use maps.
c) LUE 2.2 Higher Density Residenti al. Accommodate higher density residential development in walkable, pedestrian-oriented areas near major transportation corridors, concentrated employment areas, and community and town centers, and promote the development of high quality apartments and con dominiums that will encourage local investment and pride of ownership.
d) LUE 2.3 Infrastructure. Ensure that circulation facilities, water resources, sewer and storm drainage facilities, and other utilities available or provided by the developer are adequate to meet the demands of a proposed residential land use in addition to those services and resources required to serve existing residents and businesses. e) LUE 2.3 Infrastructure. Ensure that circulation facilities, water resources, sewer and storm drainage f acilities, and other utilities available or provided by the developer are adequate to meet the demands of a proposed residential land use in addition to those services and resources required to serve existing residents and businesses. -6-

f) LUE 2.5 Connectivity. Integrate residential development with a continuous network of parks, open space, public areas, bicycle trails, equestrian trails, public transit routes, and pedestrian paths to connect neighborhoods and communities with key nodes.

Key nodes include parks and recreation facilities, schools, town and neighborhood centers, and other in-city communities and surrounding cities and points of interest. g) Buffering. Require setbacks and other design elements to buffer residential units from the impacts of abutting agricultural, roadway, commercial, and industrial uses, to the maximum extent possible.
(c) Development Agreement No. 22001 is consistent with Specific Plan No. 22001 in that:
1) Development Agreement No. 22001 establishes a mechanism for the construction of infrastructure and other public improvements identified in the Specific Plan. 2) The Development Agreement No. 22001 assures that the City will receive certain benefits and improvements that were established to implement goals and objectives of the Specific Plan No. 22001.
(d) Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council finds and determines that: (1) this Agreement provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents ; (iii) adopting this Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.
(e) Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section

4.11 of the Development Agreement provides that the Project includes a subdivision as defined in Government Code Section 66473.7. Any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be available to service the residential subdivisions. The Project includes a subdivision as defined in Government Code Section 66473.7. Any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be available to service the residential subdivisions.

Section 5. Approval of Development A greement. The City Council of the City of Jurupa Valley hereby:
(a) Approves the Development Agreement between the City of Jurupa Valley and McCune & Associates , in the substantially the same form submitted to the City Council as Exhibit “A” and authorizes the Mayor to execute the Development Agr eement on behalf of the -7-

City. Upon execution by all parties, an original copy shall be kept on file in the City Clerk ’s Office. City Clerk is directed to record this Development Agreement in the Official Records of the County of Riverside within ten (10) days of the effective date of this Ordinance (b) The City Council’s approval of Development Agreement No. 22001 shall not be effective until the effective date of the ordinance adopting Change of Zone No. 22002, and shall only take effect if General Plan Amendment No. 22003, Specific Plan No. 22001, Specific Plan Amendment No. 266A5, and Tentative Tract Map No. 38504 are adopted by the City Council.

Section 7. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after its adoption.

Section 9. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of January, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -05 was regularly introduced at a regular meeting of the City Council held on the 21 st day of December, 2023 and thereafter at a regular meeting held on the 18th day of January, 2024, 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 18th day of January, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
Exhibit A
Development Agreement No. 22001
Draft: December 17, 2023
2793172.18

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley CA 92509
Attn: City Clerk

Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder’s use)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE

CITY OF JURUPA VALLEY

AND

PATRICK VERNOLA, TRUSTEE OF THE CHRIS MCCABE TRUST CREATED BY THE ANTHONY P. VERNOLA TRUST U/D/T/ DATED OCTOBER 18, 2000, BELLATERA INVESTMENTS PA 13, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; BOOMER INVESTMENTS PA 13, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND SHELLINA INVESTMENTS PA 13, A CALIFORNIA LIMITED LIABILITY COMPANY; SKY COUNTRY INVESTMENT CO./EAST, LLC; AND PATRICK VERNOLA, TRUSTEE OF THE ANTHONY P. VERNOLA TRUST Draft: December 17, 2023

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UNDER TRUST AGREEMENT DATED OCTOBER 18, 2000, AND PATRICK

VERNOLA, SUCCESSOR TRUSTEE OF THE PAT AND MARY ANN VERNOLA TRUST – MARITAL TRUST

DEVELOPMENT AGREEMENT

THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into and dated as of December 21, 2023, by and between the CITY OF JURUPA VALLEY, a California municipal corporation and general law city existing under the Constitution of the State of the California (“City”), and ” PATRICK VERNOLA, TRUSTEE OF THE CHRIS MCCABE TRUST CREATED BY THE ANTHONY P. VERNOLA TRUST U/D/T/ DATED OCTOBER 18, 2000, BELLATERA INVESTMENTS PA 13, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; BOOMER INVESTMENTS PA 13, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND SHELLINA INVESTMENTS PA 13, A CALIFORNIA LIMITED LIABILITY COMPANY; SKY COUNTRY INVESTMENT CO./EAST, LLC; AND PATRICK VERNOLA, TRUSTEE OF THE ANTHONY P. VERNOLA TRUST UNDER TRUST AGREEMENT DATED OCTOBER 18, 2000, AND PATRICK VERNOLA, SUCCESSOR TRUSTEE OF THE PAT AND MARY ANN VERNOLA TRUST – MARITAL TRUST (collectively, Owner”), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the “Development Agreement Legislation”) and Article XI, Section 2 of the California Constitution. City and Owner are occasionally referred to in this Agreement collectively as the “Parties.” Pursuant to the authority contained in the Development Agreement Legislation, as it applies to the City, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the recitals set forth in Section 1, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows:

1. RECITALS. This Agreement is made for the following purposes and with respect to the following facts, which the Parties agree are true and correct:

1.1 The Development Agreement Legislation authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property for the following purposes:

1.1.1 Ensuring high quality development in accordance with comprehensive plans;

1.1.2 Reducing uncertainty in the development approval process that might otherwise result in a waste of resources, discourage investment, and escalate the cost of development to the consumer;

1.1.3 Strengthening City’s comprehensive planning process to provide for the most efficient use of public and private resources by encouraging private participation in the comprehensive planning process;
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1.1.4 Assuring owners of land that upon approval, they may proceed with their development projects in accordance with defined policies, rules, regulations, and conditions of approval; and

1.1.5 Providing for the financing and/or construction of necessary public facilities and services.

1.2 The property that is the subject of this Agreement is approximately 200.7 acres in size, is generally located east of Interstate 15 (I-15), west of Pats Ranch Road, south of Bellegrave Avenue, and north of Limonite Avenue and is described on Exhibit “A” and depicted on Exhibit “B” attached hereto (the “Property”).

1.3 The Property is subject to the Project Approvals and Applicable Regulations defined in Sections 2.19 and 2.2, respectively, of this Agreement.

1.4 In addition to the general purposes stated above, the following are among the considerations supporting this Agreement:

1.4.1 This Agreement will provide for both Parties: (a) a high quality development on the Property subject to this Agreement; (b) certainty in the type of development to be undertaken on the Property; and (c) the assurance of adequate public facilities and services to ensure the good of the community regardless of City’s legal authority to impose such requirements under constitutional or statutory authority.

1.4.2 For City, this Agreement serves to provide for: (a) employment growth anticipated to result from the Development of the Property, both during construction and use; (b) an increase in tax revenues anticipated to result from the Development of the Property; (c) a stimulant to economic growth in the community surrounding the Property; and (d) the achievement of the goals and directives of its General Plan.

1.4.3 The development of new commercial buildings, associated office space and residential uses is an integral part of Owner’s development plans for the Property.

Such facilities are expected to bring employment and increased tax revenue for City.

1.5 The Parties desire to enter into a binding agreement for purposes of:
(i) identifying the terms, conditions, and regulations for the Development of the Property; (ii) identifying Owner’s obligations to make certain Community Benefit Contribution, as defined in Section 2.10, and design, construct and install Public Improvements, on the terms and conditions set forth in this Agreement.

1.6 Owner desires to develop the Property in accordance with the provisions of this Agreement, the Applicable Regulations, and the regulations of those other agencies exercising jurisdiction over the Property.

1.7 Owner has applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development sensitive to human needs and values, facilitate Draft: December 17, 2023

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efficient traffic circulation, and otherwise provide for the Development of the Property in accordance with City’s best interests.

1.8 The City Council has determined that this Agreement is consistent with City’s General Plan and each element thereof, including, without limitation, the goals and objectives thereof.

1.9 The following actions have been taken with respect to this Agreement and the Development:

1.9.1 On November 29, 2023, following a duly noticed and conducted public hearing, the Planning Commission recommended that the City Council approve this Agreement and the Development.

1.9.2 On December 21, 2023, after a duly noticed public hearing, the City Council adopted the following Resolutions approving certain land use entitlements for the Development: (1) Resolution No. 2023-___, Certifying the Environmental Impact Report, and (2) Resolution No. 2023-___, approving General Plan Amendment No. 22003 (GPA No. 22003), and (3) Resolution No. 2023-______ approving Specific Plan SP 22001 and amendment to Specific Plan No. 266 and Tentative Tract Map (TTM) No. 38504, copies of which are on file in the City Clerk’s Office at City Hall. The Resolutions contain findings pertaining thereto, including those relating to the CEQA documentation for the Development.

1.9.3 On December 21, 2023, following a duly noticed public hearing, the City Council introduced Ordinance No. 2023-___ and on January 18, 2024, held the second reading and adopted Ordinance No. 2023-___, approving Zone Change (ZC) No. ______________, a copy of which is on file in the City Clerk’s Office at City Hall, which Ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Development and this Zone Change’s consistency with City’s General Plan and each element thereof and any specific plans relating to the Property.

1.9.4 On ________________, 2023, following a duly noticed public hearing, the City Council introduced Ordinance No. 2023-___ and on ______________, 2023, held the second reading and adopted Ordinance No. 2023-___, approving this Agreement, a copy of which is on file in the City Clerk’s Office at City Hall, which Ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Development and this Agreement’s consistency with City’s General Plan and each element thereof and any specific plans relating to the Property.

1.10 All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

1.11 City has engaged in extensive studies and review of the potential impacts of the Development, as well as the various potential benefits to City by the Development, and has concluded that the Development is in City’s best interests. In consideration of the Public Improvements to be provided by Owner to City, and in order to strengthen the planning process for the Property and to reduce the economic costs of Development of the Property, City intends Draft: December 17, 2023

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to give Owner assurance that Owner can proceed with the Development of the Property in accordance with the Project Approvals and the City’s Applicable Regulations. In reliance on City’s covenants in this Agreement concerning the Development of the Property, Owner has and will in the future incur substantial costs in site preparation and construction of infrastructure and facilities in order to develop the Property.

1.12 Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan, including each element therof; (ii) provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (iii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents; (iv) adopting this Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and (v) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.

2. DEFINITIONS. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized when used in this Agreement. The defined terms include the following:

2.1 “Agreement” means this Development Agreement.

2.2 “Applicable Regulations” is defined in Section 4.1.3 of this Agreement.

2.3 “Authorizing Ordinance” means Ordinance No. 2023-___ adopted by City on January 18, 2024 approving this Agreement.

2.4 “Cell Tower Property” is defined in Section 6.7 of this Agreement.

2.5 “CEQA” means the California Environmental Quality Act (Cal. Pub.

Resources Code, § 21000 et seq.)

2.6 “City” means the City of Jurupa Valley, a California general law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies, and departments.

2.7 “City Council” means the City Council of City.

2.8 “City Manager” means the City Manager of City.

2.9 “Commercial Property” means property in Planning Areas 11 and 12 of Specific Plan 266 (“SP 266”), which are Lots 28 & 29 of Tract Map 38504, as now exits or may hereafter be amended pursuant to Section 6.6.

2.10 “Community Benefit Contribution” or “CBC” means the payments described in Section 5.6 of this Agreement.

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2.11 “Development” means the improvement of the Property for the purposes consistent with this Agreement and the Project Approvals, including, without limitation, demolition, remediation, grading, the construction of infrastructure and public facilities related to the on-site improvements, the construction of structures and buildings, and the installation of landscaping subject to the Project Approvals.

2.12 “Development Agreement Legislation” means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.

2.13 “Effective Date” means the date that this Agreement becomes effective in accordance with Section 3.2 of this Agreement.

2.14 “End User” means the owner of a lot on the Property where: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5.6.2, 5.6.3, 5.7, and 6 of this Agreement shall survive termination as to such End Users.

2.15 “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan and related amendments and approvals associated therewith.

2.16 “Multi-Family Residential Units--Medium Density” means attached or detached residential units that are on a parcel in which the density is more than eight (8) units per acre and less than twenty three (23) units per acre as designated in the Project Approvals.

2.17 “Multi-Family Residential Units--High Density” means attached or detached residential units that are on a parcel in which the density is twenty three (23) units or more per acre as designated in the Project Approvals.

2.18 “Owner” means Patrick Vernola, Trustee Of The Chris McCabe Trust Created By The Anthony P. Vernola Trust U/D/T/ Dated October 18, 2000, Bellatera Investments PA 13, LLC, A California Limited Liability Company; Boomer Investments Pa 13, LLC, a Delaware Limited Liability Company; and Shellina Investments PA 13, A California Limited Liability Company; Sky Country Investment Co./East, LLC; and Patrick Vernola, Trustee of The Anthony P. Vernola Trust Under Trust Agreement Dated October 18, 2000, And Patrick Vernola, Successor Trustee of The Pat and Mary Ann Vernola Trust – Marital Trust.

Given the multiple entities with interests in the Property subject to this Agreement, the Owner hereby designates Rick Bondar to act as the agent on behalf of the Owner with respect to all matters pertaining to the Owner’s obligations concerning this Agreement and all matters pertaining to the Public Improvements, subsequent land use applications, community facilities districts concerning the Project Approvals and this Agreement. The Owner may change the agent pursuant to written notice to the City signed by each ownership entity.

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2.19 “Project” means Development of the Property in accordance with the Project Approvals and this Agreement, inclusive of the permitted uses and Applicable Regulations set forth in this Agreement.

2.20 “Project Approvals” means all City approvals or entitlements, or both, pertaining to the Project, including, without limitation, the following resolutions and ordinances approving certain entitlements for the Project: (1) Resolution No. 2023-___, Certifying the Environmental Impact Report; (2) Resolution No. 2023-__, approving General Plan Amendment No. GPA No. 22003, and (3) Resolution No. 2023-____ adopting Specific Plan No. SP 22001, and amendment to SP 266 (SP 266A); Tentative Tract Map (TTM) No. 38504; (4) Ordinance No. 2023-__, adopting Zone Change No. CZ 22002; and (5) Ordinance No. 2023-___, approving this Agreement.

2.21 “Property” means the real property described in Exhibit “A” and depicted on Exhibit “B”.

2.22 “Public Improvements” means the improvements described in the Project Approvals.

2.23 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 4.2 of this Agreement.

2.24 “Single-Family Residential Unit” means attached or detached residential units that are on a parcel in which the density is eight (8) units or less per acre as designated in the Project Approvals.

2.25 “Site Map” means the drawing of the Property in its condition as of the Effective Date, attached to this Agreement as Exhibit “B”.

2.26 “Subsequent Project Approvals” means those Project Approvals issued subsequent to the Effective Date in connection with the Development of the Property.

2.27 “Subsequent Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, and official written policies of City adopted and effective after the Effective Date governing the Development and use of the Property.

2.28 “Term” is defined in Section 3.3 of this Agreement.

2.29 “Transferee” means the person to whom Owner sells, assigns, or otherwise transfers all or any portion of Owner’s interests in the Property together with all its right, title, and interest in this Agreement in accordance with Section 12 of this Agreement.

3. GENERAL TERMS.

3.1 Binding Effect of Agreement. From and following the Effective Date, the Development, and City actions on applications for Subsequent Project Approvals affecting the Property, shall be subject to the terms and provisions of this Agreement. The provisions of this Draft: December 17, 2023

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Agreement, to the extent permitted by law, constitute covenants that shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties.

3.2 Effective Date. This Agreement, and the obligations of the Parties to this Agreement, shall be effective on the date that Ordinance No. 2023-___ approving this Agreement becomes effective (the “Effective Date”). The Parties shall approve an operating memorandum pursuant to Section 3.4.4 confirming the Effective Date of this Agreement.

3.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) consecutive calendar years thereafter (the “Term”), unless Term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. Notwithstanding the provisions of this Section 3.3, the provisions of Section 5.6, shall survive the expiration or termination of this Agreement.

3.4 Amendment of Agreement.

3.4.1 Initiation of Amendment. Any Party may propose an amendment to this Agreement and both Parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Development.

3.4.2 Procedure. Except as set forth in Section 3.4.4 of this Agreement, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.

3.4.3 Consent. Except as expressly provided in this Agreement, any amendment, including an extension of the Term, to this Agreement shall require the written consent of both Parties, in accordance with law. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties.

3.4.4 Operating Memoranda. The Parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the Parties. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties. The operating memoranda may be approved on City’s behalf by the City Manager, or such person designated in writing by the City Manager, and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of Owner. After execution of an operating memoranda it shall be attached to this Agreement as addenda and become a part of this Agreement. Unless otherwise required by law or by this Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise.

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3.4.5 Termination. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term. The termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals.

3.4.6 Termination As to End Users. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5.6.2, 5.6.3, 5.7, and 6 of this Agreement shall survive termination as to such users.

4. DEVELOPMENT OF THE PROPERTY.

4.1 Right to Develop.

4.1.1 Right to Develop. Owner shall have a vested right to develop the Property during the term of this Agreement in accordance with, and to the extent of, the Project Approvals and this Agreement.

4.1.2 Effect of Agreement on Applicable Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the rate or timing of development, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development, shall be those contained in the Project Approvals and those Applicable Regulations not inconsistent with the Project Approvals which were in full force and effect as of the Effective Date of this Agreement.

4.1.3 Applicable Regulations. Except as otherwise specified in this Agreement and the Project Approvals, the following regulations shall govern the development of the Property (“Applicable Regulations”):

4.1.3.1 The provisions of the Jurupa Valley Municipal Code in effect as of the Effective Date of this Agreement pertaining to property development, including without limitation, Chapter 9.267, Inclusionary Housing Requirement and Affordable Housing In-Lieu Fee;

4.1.3.2 City ordinances and resolutions pertaining to property development in effect as of the Effective Date of this Agreement, and Draft: December 17, 2023

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4.1.3.3 The City’s General Plan, and each element thereof, in effect as of the Effective Date of this Agreement.

4.1.3.4 The City standards in effect as of the Effective Date of this Agreement for construction of City infrastructure improvements.

4.1.4 Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account City’s staffing levels, and all requisite development fees shall be calculated and paid at such time as payment for such fees is due and payable, for all or a portion of the Property. City further agrees that, unless otherwise requested by Owner, it shall not, without good cause as provided in this Agreement, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.

4.1.5 Development in Accordance with Agreement and Applicable Law.

Subject to the provisions of Section 4.4, if Owner proceeds with Development of the Project, Development shall proceed in accordance with this Agreement (including, without limitation, the Applicable Regulations and the Project Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property.

4.1.6 Amendments to Project Approvals. It is contemplated by the Parties that Owner may, from time to time, seek amendments to one or more of the Project Approvals. In the event Owner finds that such an amendment is appropriate or desirable, Owner may apply in writing for an amendment to the Project Approvals to effectuate such change. The Parties acknowledge that City shall be permitted to use its sole and absolute discretion in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other owners. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The City Community Development Director shall be empowered to issue amendments to Project Approvals if authorized by the Jurupa Valley Municipal Code. The Parties agree that any such approved amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.2 Reservation of Authority by City.

4.2.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:

4.2.1.1 Processing fees and charges of every kind and nature adopted by City pursuant to state law for costs related to City’s processing of applications for Project Approvals.

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4.2.1.2 Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matters of procedure.

4.2.1.3 Changes adopted by the City Council in the California Building Code, California Historic Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Green Building Standards Code, California Referenced Standards Code, California Residential Code, International Property Maintenance Code and similar uniform codes as required by and in accordance with the authority granted to City under state law.

4.2.1.4 Except as otherwise authorized in this Section 4.2.1, regulations that are not in conflict with the Project Approvals and this Agreement. Regulations shall be deemed in conflict with the Project Approvals or this Agreement if the Regulations:
(i) alter or change any land use, including permitted or conditional uses, of the Property from that permitted under this Agreement and the Applicable Regulations; (ii) limit or reduce the height or bulk of any structures of the Project from that permitted under this Agreement and the Applicable Regulations; (iii) limit or reduce the density or intensity of the Project from that permitted under this Agreement and the Applicable Regulations; (iv) except as provided in this Agreement, materially increase (by an amount greater than 15%) the cost of performance of, or preclude compliance with, any provision of the Applicable Regulations or Project Approvals; (v) limit or restrict the availability of public utilities, services, infrastructure or facilities to the Project; or (vi) require the issuance of additional permits or approvals by the City other than those required by the Applicable Regulations.

4.2.1.5 Regulations that are in conflict with the Project Approvals provided Owner has given written consent to the application of such regulations to the Development.

4.2.1.6 Federal, state, county, and multi-jurisdictional laws and regulations that preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Project Approvals.

4.2.1.7 Subsequent Land Use Regulations adopted by City in connection with any Subsequent Project Approvals, necessary to protect the imminent safety or health, or both, of the residents or occupants of the Property, or the residents or people of City, or both.

4.2.2 Future Discretion of City. Notwithstanding any other provision of this Section 4.2, this Agreement shall not prevent City, in acting on Subsequent Project Approvals, from denying or conditionally approving any Subsequent Project Approval on the basis of the Applicable Regulations or any Subsequent Land Use Regulations not in conflict with the Project Approvals.

4.2.3 Modification or Suspension by Federal, State, County, or Multi- Jurisdictional Law. In the event that Federal, State, County, or multi-jurisdictional laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of Draft: December 17, 2023

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the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal, State, County, or multi- jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.

4.2.4 Intent. City acknowledges that Owner has reasonably entered into this Agreement and may proceed with the Development of the Property on the assumption that City has adequately provided for the public health, safety and welfare through the Applicable Regulations. In the event that any future, unforeseen public health or safety emergency arises, City shall attempt to address such emergency in such a way as not to impact the Development in accordance with the Project Approvals, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on the Development in accordance with the Project Approvals.

4.3 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by City may possess authority to regulate aspects of the Development, and this Agreement does not limit the authority of such other public agencies.

4.4 Timing of Development. Except as set forth in Agreement regardless of any future enactment, by initiative, or otherwise, Owner shall have the discretion to develop the Property, or not develop the Property, in one phase or in multiple phases at such times as Owner deems appropriate within the exercise of its sole and absolute business judgment. Specifically, City agrees that Owner shall be entitled to apply for and receive permits, maps, occupancy certificates, and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreement and the Applicable Regulations. It is the intent of the Parties to cure the deficiency identified by the Supreme Court in Pardee Construction Company v. City of Camarillo, 37 Cal. 3d 465 (1984), which held the failure of a development agreement to specify the timing of development did not prevent a latter-enacted initiative from applying to the project approvals applicable to the development agreement in question in that case.

4.5 Vested Rights. By entering into this Agreement and relying thereon, Owner is obtaining the vested rights to proceed with the Development of the Property in accordance with the terms and conditions of this Agreement. By entering into this Agreement and relying thereon, City is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 1 of this Agreement.

4.6 No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other agency of City shall enact a rule, regulation, ordinance, or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.

4.6.1 Moratorium. It is the intent of the Parties that no moratorium or other limitation (whether relating to the Development of all or any part of the Development and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether Draft: December 17, 2023

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tentative, vesting tentative, or final), site development permits, precise plans, site development plans, grading permits, building permits, occupancy certificates, or other entitlements to use approved, issued, or granted within City, or portions of City, shall apply to the Development to the extent such moratorium or other limitation would restrict Owner’s right to develop the Property as provided by this Agreement in such order and at such rate as Owner deems appropriate at its sole and absolute discretion, as provided by this Agreement. City shall reasonably cooperate with Owner in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to reasonably cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not delay or stop the Development, processing, or construction of the Development, unless the third party obtains a court order preventing the activity.

4.6.2 Consistency Between this Agreement and Current Laws. City represents that at the Effective Date there are no rules, regulations, ordinances, policies, or other measures of City in force that would interfere with the Development and use of all or any part of the Property according this Agreement. In the event of any inconsistency between any Applicable Regulation, Development Approval, and this Agreement, the provisions of this Agreement shall control.

4.7 Amendments to Project Approvals. It is contemplated by the Parties that Owner may, from time to time, seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.8 Further Assurances to Owner. The Parties further acknowledge that the public benefits to be provided by Owner to City pursuant to this Agreement are in consideration and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement, Owner is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations that might permit City, in violation of Section 4.2, to attempt to apply regulations that are inconsistent with the Project Approvals pursuant to the exercise of the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement. Accordingly, Owner desires assurances that City shall not and City agrees that it shall not further restrict or limit the Development of the Property in violation of this Agreement except in strict accordance with the terms of this Agreement.

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4.9 Acquisition of Right of Way for Public Improvements.

4.9.1 To the extent Owner does not have sufficient title or interest in the real property required for the construction or installation of a Public Improvement, Owner shall make a good faith effort to acquire the required property ("Required Property") in a timeframe calculated to allow for the orderly Development of the Project. If, following this effort, Owner is unable to acquire the Required Property, Owner shall have the right, but not the obligation, to request that City acquire the Required Property pursuant to the provisions of Government Code Section 66462.5, which shall be applicable, regardless of whether Owner is applying for approval of a final map. City shall consider in good faith the acquisition of the Required Property pursuant to an acquisition agreement in substantially the form of Exhibit C ("Acquisition Agreement"), pursuant to the provisions of Government Code Section 66462.5 or Code of Civil Procedure Section 1230.010 and following, as the case may be, including proceedings for immediate possession of the Property pursuant to Code of Civil Procedure Section 1255.410 and following. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the property required for Off-Site Improvements.

4.9.2 In the event City delays or is unwilling or unable to acquire the Required Property, such conditions of approval shall be automatically deemed waived. The specific acquisition of Right of Way requiring public improvements shall be referenced in the Acquisition Agreement.

4.9.3 Both parties acknowledge and agree that acquisition of the Required Property in accordance with the California Eminent Domain Law, requires more time than the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties waive these time constraints and the Acquisition Agreement shall so provide. The parties further acknowledge and agree that City cannot exercise its power of eminent domain unless and until a Resolution of Necessity has been duly adopted by the City Council pursuant to law. This Agreement is neither a commitment nor the announcement of an intent by City to acquire any or all of the Required Property for the Public Improvements.

4.9.4 If Owner asks City and City agrees to acquire right-of-way through the use of its power of eminent domain, then Owner and City shall enter into an Acquisition Agreement pursuant to Government Code Section 66462.5 for each Public Improvement. Owner shall deposit with City the actual costs reasonably estimated by City for initiating such proceedings and each stage thereof. Notwithstanding the foregoing provisions of this Section 4.8.

City shall not delay or refuse to issue any Future Development Approvals due to the failure or delay of the City to either (i) enter into the Acquisition Agreement; (ii) if necessary, failure to initiate or conclude an eminent domain proceeding, if such a proceeding is necessary to obtain the Required Property; or (iii) approve any improvement plans needed to construct any Public Improvement.

4.10 Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future may be processed for all or any portion of the Property and the term of each of the Project Approvals (including, without limitation, Future Development Approvals) Draft: December 17, 2023

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shall be deemed extended without further required action for a period of time through the scheduled termination date of this Agreement as set forth in Section 3.3 above.

4.11 Requirement of Sufficient Water Supply for Residential Subdivisions.

Any and all tentative subdivision maps approved for the Project shall comply with Government Code section 66473.7, if, and to the extent, required by Government Code Section 65867.5.

5. IMPACT FEES.

5.1 Development Impact Fees. Owner shall pay all Development Impact Fees pursuant to Chapter 3.75 or other provisions of the Jurupa Valley Municipal Code (“DIF”). The DIF in existence on the Effective Date at the rates on the Effective Date, shall be the sole DIF to be imposed on parcels within the Property for the first ten (10) years of the Term of this Agreement. The DIF during this ten year period is attached hereto as Exhibit “D” to this Agreement. Thereafter, the DIF and rates of DIF shall be those in effect as of the date of issuance of each building permit for the Project or such other time as the DIF may be paid as required by law. The DIF shall apply only to the City’s DIF and not to the TUMF, any similar regional impact fees described herein or to any other development impact fees imposed by another governmental agency not under the control, directly or indirectly, of the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owner shall be separately responsible for payment of any and all DIF in the amount shown in Exhibit “D” for that portion of the Property developed by such person or entity and shall not be responsible for payment of any DIF related to other portions of the Property.

Owner shall be entitled to such credits as might be available pursuant to the terms of the DIF or other provisions of the Applicable Regulations and this Agreement.

5.2 TUMF Fees. Pursuant to Chapter 3.70 of the Jurupa Valley Municipal Code, Transportation Uniform Mitigation Fees (“TUMF”), the TUMF shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owner shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.70 of the Jurupa Valley Municipal Code or the terms of the future allowable fees. Owner acknowledges and understands that TUMF is collected and administered by the Western Riverside Council of Governments and not by the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owner shall be separately responsible for payment of any and all TUMF for that portion of the Property developed by such person or entity and shall not be responsible for payment of any TUMF related to other portions of the Property.

5.3 MSHCP Fees. Pursuant to Chapter 3.80 of the Jurupa Valley Municipal Code, Western Riverside County Multi-Species Habitat Conservation Plan Fees (“MSHCP Fee”), the MSHCP Fee shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owner shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.80 of the Jurupa Valley Municipal Code. Owner acknowledges and understands that the MSHCP Fee is administered by the Riverside Conservation Agency and not by the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owner shall be separately Draft: December 17, 2023

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responsible for payment of any and all MSHCP Fee for that portion of the Property developed by such person or entity and shall not be responsible for payment of any MSHCP Fee related to other portions of the Property.

5.4 Other Regional Development Impact Fees. Owner shall pay other regional development impact fees, or any other development impact fees imposed by another governmental agency imposed upon Development within the Property, including without limitation Mira Loma Road and Bridge Benefit District fee, at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law.

5.5 Application/Processing Fees. Owner shall pay the application and processing fees for applications for entitlements and permits at the rate, and in the amount, imposed by City pursuant to the fee schedule, resolution, or ordinance in effect at the time the application is deemed complete and accepted by City for action, which fees are designed to reimburse City’s expenses attributable to processing such applications for entitlements, permits, or both.

5.6 Community Benefit Contributions. In consideration of the benefits received by Owner pursuant to the terms of this Agreement, Owner shall pay to City the following Community Benefit Contributions (“CBCs”):

5.6.1 General Municipal Services Contribution. In partial consideration of the benefits provided to Owner under this Agreement and pursuant to the Project Approvals, Owner and its successors shall pay to the City a fee of 1) one thousand dollars ($1,000) per Single Family Residential Unit, and 2) seven hundred dollars ($700) for both Multi-Family Residential Units--Medium Density and Multi-Family Residential Units--High Density. The fees specified in this Section shall be payable prior to the issuance of a building permit for the unit (“Services Contribution CBC”). The City may use the fee for general municipal purposes in order to mitigate the fiscal impact of the Project upon general municipal services.

5.6.2 Annual Public Safety Benefit Contribution. As established in Section 5.7 of this Agreement, upon the creation of the Community Facilities District (“CFD”) and the levying of special taxes through the CFD, the CFD shall pay to the City an annual Public Safety Benefit Contribution in the initial amount of 1) three hundred forty three dollars ($343) per Single-Family Residential Unit and 2) two hundred eight dollars ($208) per Multi-Family Residential Unit--Medium Density, and 3) one hundred twenty four dollars ($124) per Multi- Family Residential Unit--High Density, subject to annual increase as described below. No special tax shall be levied on undeveloped property.

5.6.2.1 The Annual Public Safety Benefit Contribution may be used for the following services: (1) police protection services; (2) fire protection services; (3) ambulance and paramedic services; and (4) acquisition of land and construction of public safety facilities.

5.6.2.2 The first Public Safety Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type Draft: December 17, 2023

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of property listed in Section 5.6.2 solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the Public Safety Benefit Contribution shall be levied by the CFD on the property in perpetuity. Commencing July 1st of City’s second fiscal year in which the Public Safety Benefit Contribution is being levied by the CFD, and annually thereafter, the Public Safety Benefit Contribution amount shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario). The calculation of the percentage change in the Consumer Price Index shall be made using the month of April over the month of April in the prior year and shall have a minimum annual increase of two percent (2%) and a maximum annual increase of six percent (6%).

5.6.3 Annual Facilities Benefit Contribution. As established in Section

5.7, upon the creation of the CFD and the levying of special taxes through the CFD, the CFD shall pay to the City an Annual Facilities Benefit Contribution in the initial amount of 1) three hundred twenty dollars ($320) per Single-Family Residential Unit, 2) two hundred thirty dollars ($230) per Multi-Family Residential Unit--Medium Density, and 3) one hundred forty dollars ($140) per Multi-Family Residential Unit--High Density, subject to annual increase as described below. No special tax shall be levied on undeveloped property.

5.6.3.1 The Annual Facilities Benefit contribution would be used for the design and construction of public facilities for the City, including, but not limited, to those public facilities described on the City’s Capital Improvement Plan, as currently adopted or hereafter amended.

5.6.3.2 The first Facilities Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Section 5.6.3 above, solely on parcels where a Certificate of Occupancy has been issued.

Thereafter, the Facilities Benefit Contribution shall be levied by the CFD on each Parcel for a period of fifty (50) years from the date of the building permit issuance. Commencing July 1st of the City’s second fiscal year in which the Facilities Benefit Contribution is being levied by the CFD, and annually thereafter, the Facilities Benefit Contribution amount shall automatically increase by two percent (2.00%).

5.6.4 City shall not impose any additional CBCs. Nothing in this Section 5.6.4 shall prohibit the City from establishing CFDs for public improvements, fees and maintenance pursuant to Sections 6.3 and 6.5.

5.7 Community Facilities District--Community Benefit Contributions.

5.7.1 Owner acknowledges and agrees that the obligations described in Section 5.6 are required by the terms of the Development Approvals and Owner’s obligation to satisfy the obligations of Sections 5.6.2 and 5.6.3. Such obligations may be satisfied by the formation of one or more CFDs. If the City, or a City-controlled public entity, elects not form the CFD described in this Section 5.7, then City acknowledges and agrees that the CBC established in Sections 5.6.2 and 5.6.3 shall not be imposed upon the Owner, any Transferee of Owner (as provided in Section 12 of this Agreement) or any End User of any portion of the Property. If the Owner fails to file a petition for a CFD or fails to vote in favor of the CFD as described in Section 5.7.2 and 5.7.3, or if the CFD is invalidated by a court of law or is Draft: December 17, 2023

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subsequently repealed by the Owner, the Owner, any Transferee of Owner (as provided in Section 12 of this Agreement) or any End User of any portion of the Property shall remain obligated to pay the CBC obligations of Section 5.6.2 and 5.6.3, subject to the timing requirements specified in Sections 5.6.2.2 and 5.6.3.2.

5.7.2 No public entity other than the City or a City-controlled public entity, may form a CFD for the CBCs.

5.7.3 Owner may satisfy its obligations concerning Sections 5.6.2 and

5.6.3 through (i) filing a Petition and Waiver with City to initiate formation of a CFD, or annexation to an appropriate CFD, if one already exists; (ii) voting in favor of such CFD; and (iii) paying all costs associated with the formation of, or annexation to, a CFD pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code, §§ 53311-53368.3).

5.7.4 The City and Owner shall work cooperatively to complete the CFD within twelve (12) months following the date the Owner requests the formation of such CFD.

City agrees to use reasonable efforts to develop and implement the CFD(s) subject to public hearing and election requirements of applicable State law.

5.7.5 The Maximum Special Tax for services shall be increased each fiscal year based on the increases in contributions described in Section 5.6.

5.7.6 The maximum effective tax rate for assessor's parcels within each CFD for the Project, including those described in this Section 5.7 and Section 6.5 may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of approval of the CFD and the Rate and Method of Apportionment.

5.8 Administrative Fee. Owner shall pay to City a one-time administrative fee in the amount of ten thousand dollars ($10,000) thirty (30) calendar days after the Effective Date of the of this Agreement

6. OBLIGATIONS OF THE PARTIES.

6.1 Owner’s Obligation to Construct Public Improvements.

6.1.1 Except as provided in Section 6.2, Owner shall, at Owner’s sole cost and expense, design, construct, install, and finally complete the Public Improvements described in the Project Approvals to be dedicated or conveyed to a public agency (“Public Improvements”).

6.1.2 The design, construction, installation, and final completion of the Public Improvements shall be in conformance with the Applicable Regulations in effect on the Effective Date. The City Engineer shall approve, in writing, all Plans and Specifications for construction, installation, and final completion of the Public Improvements.

6.1.3 Except as otherwise provided in this Agreement, the Public Improvements shall be completed at such time as set forth in the Project Approvals.

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6.1.4 The Parties shall enter into City’s standard subdivision improvement agreement, or an applicable modification thereof, for the completion of the Public Improvements.

6.1.5 Owner and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws (to the extent applicable), including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations, and standards. Owner shall indemnify, defend, and hold the Indemnified Parties (as defined in Section 8.1) harmless from and against any cost, expense, claim, charge, or liability relating to or arising directly or indirectly from any breach by or failure of Owner or its contractor(s) or agents to comply with such laws, rules, regulations, and standards. Owner’s indemnity obligations set forth in this Section 6.1 shall survive the termination or expiration of this Agreement. Notwithstanding the foregoing, Owner’s indemnity obligation with respect to a specific Public Improvement specified in this subsection shall terminate two (2) years after City Council accepts the completed Public Improvement.

6.2 Partial City Funding of Median on Pat’s Ranch Road.

6.2.1 Owner is required to construct the median on Pat’s Ranch Road pursuant to the Project Approvals (“Pat’s Ranch Road Median”).

6.2.2 The City received the sum of three hundred ninety seven thousand four hundred sixty six dollars and forty cents ($397,466.40) from the developer of Tracts 33428- 1-3, easterly of the Project, for the eventual construction of the median on Pat’s Ranch Road from Limonite to Shearwater.

6.2.3 Within thirty (30) days of the City Council’s acceptance of Pat’s Ranch Road and its median and the recordation of the Certificate of Completion, the City shall pay to the Owner the sum of three hundred ninety seven thousand four hundred sixty six dollars and forty cents ($397,466.40) as partial reimbursement of Owner’s actual costs of construction the Pat’s Ranch Road Median.

6.2.4 Labor Code Section 1720(c)(2) provides that:
“If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter.”

6.2.5 Pursuant to the provisions of Labor Code Section 1720(c)(2), the City Council finds and determines that:

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6.2.5.1 The Project Approvals for the Project require the Owner to construct the Pat’s Ranch Road Median and other public improvements;

6.2.5.2 The City has contributed no more money, or the
equivalent of money, to the overall Project than is required to construct Pat’s Ranch Road Median and in fact is only contributing to a portion of its construction from fees received from another development designed for the Pat’s Ranch Road Median and other public improvements; and

6.2.5.3 The City will not obtain or maintain any proprietary interest in the overall Project.

6.2.6 Therefore, based on the above findings in Section 6.2, the City and Owner have determined that:

6.2.6.1 Prevailing wages pursuant to Labor Code Section 1720 et. seq. shall be paid for the construction of the Pat’s Ranch Road Median described in this Agreement and the Project Approvals; and

6.2.6.2 Prevailing wages are not required to be paid on the private improvements for the Project in accordance with to Labor Code Section 1720(c)(2).

6.2.7 Owner hereby represents to City that it understands and acknowledges the relationship of the City’s obligation to design and construct the Pat’s Ranch Road Median Public Improvements pursuant to this Agreement and the potential impact on the application of prevailing wages to development of the Project. Accordingly, Owner on behalf of itself and its successors in interest, hereby expressly and knowingly waive their respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they may incur based upon this Agreement. Owner hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the prevailing wage issues described herein and the provisions of the California Civil Code section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Owner hereby acknowledges that it may have claims which are presently unknown and unsuspected, and such claims in the future.

Nevertheless, Owner hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect.

Owner’s authorized representative initials: ___________________.

6.3 Maintenance of Public Improvements. Responsibility for the ongoing maintenance of public improvements to constructed by Owner pursuant to the Project Approvals (“City Public Improvements” shall be apportioned between the Parties in accordance with the terms of this Section 6.3.

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6.3.1 Maintenance of City Public Improvements. City shall maintain all City Public Improvements, pursuant to a maintenance CFD described in Section 6.5, unless City and Owner have entered into one or more Operating Memoranda pursuant to Section 3.4.4 designating Owner, or a homeowner’s association formed by Owner (“HOA”), to maintain a component of the City Public Improvements. Notwithstanding the foregoing: 1) Owner shall not have any obligation to maintain landscaping within the rights-of-way on Pat’s Ranch Road; and 2) City shall maintain all flood control retention basins.

6.3.2 Maintenance of Public Improvements from Other Public Agencies.

The Project Approvals provide for the design and construction of public improvements for other public entities, including but not limited to Jurupa Area Parks and Recreation District, Jurupa Community Services District, and Riverside County Flood Control District. It shall be the responsibility of the Owner to meet with such other public entities and determine their respective maintenance responsibilities.

6.4 Easements. City shall grant such easements over City property as are reasonably needed for the Development of the Property provided such easements do not impede or interfere with public services provided on such properties. Owner shall grant to City such easements over its property as are reasonably needed for the construction and maintenance of the Public Improvements, except to the extent such easements would have a material adverse economic effect on the Development. Such grants shall be at no additional cost to either Party.

6.5 Community Facilities District—Public Improvements, Fees and Maintenance.

6.5.1 Request for Public Improvement CFD. Owner may request in writing that the City or another public entity establish a CFD, or annex to an existing CFD (“Alternate CFD”), pursuant to the Mello Roos Community Facilities District Act and issue bonds to: 1) finance the design, construction, installation, and final completion of the Public Improvements, as required by the Project Approvals and this Agreement; 2) pay for City DIF, TUMF, MSHCP Fee, agency fees, or regional fees; and 3) any other facilities pursuant to Joint Community Facilities Agreements (“JCFA”) with other public agencies. Unless as otherwise stated in this Section 6.5, the provisions of Section 6.5 are exclusive to an City CFD or an Alternate CFD, and do not apply to the CFD provisions of Sections 5.6 and 5.7. Owner shall vote in favor of a City CFD or Alternate CFD. City agrees to use good faith efforts to enter into one of more JCFA(s). In the event owner requests a public entity other than the City, or a City- controlled public entity, to establish a CFD or annex to an existing CFD for Public Improvements as described in this Section 6.5.1, the Owner shall not vote in favor of such a CFD or annexation unless there is sufficient capacity under the maximum special tax rate described in Section 6.5.3 to provide for the CBC special tax described in Section 5.7. The Owner acknowledges and agrees that a similar provision will also be added to any JCFAs between the City and another public entity.

6.5.2 Request for Maintenance CFD. Owner shall request in writing that the City establish a CFD, or annex to an existing City CFD, pursuant to the Mello Roos Community Facilities District Act, for the purpose of funding the annual costs of maintenance of the City Public Improvements described in this Section 6.5.2. Exhibit E sets forth the units of Draft: December 17, 2023

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benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City and the size and components of those improvements (“Benefit Units”). Parcels of Taxable Property (as defined in the Rate and Method of Apportionment for such maintenance CFD) shall be assigned the appropriate Benefit Unit(s) contained in the Table shown in Exhibit E based upon each parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Special Tax shall be levied upon and collected from each such parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type. The first special tax for maintenance shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Exhibit E, but solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the special tax for maintenance shall be levied by the CFD on the property in perpetuity.

6.5.3 Annual Increase in Maintenance CFD Special Tax. Commencing July 1st of City’s second fiscal year in which the special taxes are being levied by the Maintenance CFD, and annually thereafter, the maintenance costs shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario) or three percent (3%), whichever is greater, provided however, the costs of electricity shall be assessed at its actual cost. The calculation of the percentage change in the Consumer Price Index shall be made using the month of April over the month of April in the prior year. No public entity other than the City or a City-controlled public entity, may form a Maintenance CFD for the City Public Improvements.

6.5.4 Annual Increase in Rate and Method of Apportionment for Public Improvement CFD. The Rate and Method of Apportionment for the financing of Public Improvements shall authorize the special tax to escalate two percent (2.00%) annually.

6.5.5 Maximum Special Tax. City agrees that the maximum effective tax rate for assessor's parcels within each City CFD or Alternate CFD, including the CFD specified in Sections 5.6 and 5.7, including, without limitation, all overlapping debt, may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of approval of the CFD(s) and the Rate and Method of Apportionment in accordance with the City’s Community Facilities District Policy.

6.5.6 Processing CFD; Viability of CFD. City agrees to use reasonable efforts to develop and implement all CFD(s) subject to public hearing and election requirements of applicable State and, if tax-exempt bonds are to be issued, Federal law, the Applicable Regulations and the customary and reasonable industry standards for the development of such financings for CFD(s). Owner and City acknowledge and agree that the establishment of a CFD for facilities and the issuance of bonds supported by the special taxes are dependent on many factors that are not known at this time. The viability of the financing, the amount of special taxes for debt service, and available bond proceeds will be dependent on several factors existing at the time the bonds are sold, including, but not limited to, the financial markets, interest on tax Draft: December 17, 2023

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exempt financings, housing market, value of homes in the area, absorption rates for home sales in the area, and bond underwriting criteria.

6.5.7 Commencement of Proceedings. City agrees that upon receipt of Owner's written request and application and the deposit with City of sufficient funds to pay the City's costs to undertake the proceedings to establish any particular CFD, City shall conduct proceedings to establish the respective CFD(s) and Owner shall cooperate in the conduct of such proceedings. Owner acknowledges that this Agreement cannot obligate the City Council to establish the CFD(s) at the conclusion of those proceedings. In the event the City Council does not approve the CFD for the financing of facilities and fees, the Owner may seek an alternative agency (or agencies) to form a CFD for the Property.

6.5.8 Maximum CFD Proceeds. Owner acknowledges and agrees that the CFDs shall expressly provide that Owner shall not be entitled to receive more proceeds from the CFDs than its actual costs to complete the Public Improvements (including reimbursements for Pat’s Ranch Road pursuant to Section 6.2) in order to always stay below the limits in Labor Code Section 1720(c)(2).

6.5.9 Obligation to Construct and Maintain Public Improvements Exist Whether or Not CFD or Assessment District Established. Owner acknowledges and agrees that the Owner’s obligations to design, construct, install and maintain the Public Improvements, as required by the Project Approvals and this Agreement, or City DIF, TUMF, MSHCP Fee, agency fees, or regional fees (excluding the CBCs specified in Sections 5.6.2 and 5.6.3) described in this Section 6 are required by the terms of the Project Approvals and this Agreement and that the obligations shall continue to exist whether or not a CFD is established to facilitate the construction and maintenance of the Public Improvements and whether or not the CFD is repealed by an initiative measure or invalidated by a final judgement of a court of law, subject to the timing requirements specified in Sections 5.6.2.2 and 5.6.3.2.

6.6 Commercial Property, Revision of Specific Plan.

6.6.1 Prior to seven (7) years after the issuance of the first Certificate of Occupancy of the Vernola Ranch Specific Plan, Owner may develop Planning Areas 11 and 12 of SP 266, which is Lots 28 & 29 of Tract Map (“TM”) 38504 (“Commercial Property”), in accordance with SP 266 and the Applicable Regulations, but subject to the uses described in Exhibit F of this Agreement. The parties acknowledge and agree that City may approve such applications in its sole and absolute discretion, as currently authorized in SP 266, for the development of updated retail commercial projects providing a unique character and quality with a commitment to exemplary living and reflecting contemporary trends in retail centers, including, but not limited to, grocery store, specialty grocery stores, specialty shops, sit-down restaurants, entertainment, life-style amenities (such as gathering areas, outdoor venues, recreational areas), parking, reciprocal parking and access, and related infrastructure requirements. Notwithstanding the foregoing, the Parties acknowledge and agree that no Development of the Commercial Property may proceed unless and until the City complies with CEQA on such development projects.

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6.6.2 Except as provided below, within seven (7) years after the issuance of the first Certificate of Occupancy of the Vernola Ranch Specific Plan, the Owner shall submit to the City a complete application or applications, with payment for processing, to amend SP 266 as it pertains to the Commercial Property. The amendment to the SP 266 for the Commercial Property shall provide for an updated retail commercial plan providing a unique character and quality with a commitment to exemplary living and reflecting contemporary trends in retail centers, added permitted uses including, but not limited to, grocery store, specialty grocery stores, specialty shops, sit-down restaurants, entertainment, life-style amenities (such as gathering areas, outdoor venues, recreational areas), parking and related infrastructure requirements. Any amendment to SP 266 for the Commercial Property shall require compliance with CEQA.

6.6.3 If one or more site development permits have been approved by the City for the entire area of Lot 28 of TM 38504, as configured as of the Effective Date, then the Owner of Lot 28 shall not be required to submit an application for an Amendment to SP 266 for Lot 28. If one or more site development permits have been approved by the City for the entire area of Lot 29 of TM 38504, as configured as of the Effective Date, then the Owner of Lot 29 shall not be required to submit an application for an Amendment to SP 266 for Lot 29.

6.6.4 Except as provided in Section 6.6.3, beginning seven (7) years after the issuance of the first Certificate of Occupancy of the Vernola Ranch Specific Plan, no building permit for a structure within the Commercial Property shall be issued unless and until an amendment to the SP 266 for the Commercial Property as described in Section 6.6.2 is approved by the City Council.

6.7 Cell Towers.

6.7.1 The existing cellular communications towers on a portion of the Commercial Property (“Cell Towers”) may remain on the Commercial Property (“Cell Tower Property”) and may remain operative.

6.7.2 Owner shall design and construct a decorative concrete block wall, at least six (6) feet high, around the Cell Towers allowing sufficient space for maintenance.

Owner shall also install landscaping within three feet (3') of the wall consistent with the landscaping in the common areas of the Project.

6.7.2.1 The plans for the wall and landscaping shall be approved by the Director of Community Development.

6.7.2.2 The wall and landscaping shall be completed prior to the issuance of the first certificate of occupancy for any Project development which abuts the Cell Tower Property.

7. CITY’S OBLIGATIONS.

7.1 Property Approvals Independent. All approvals required for the Property which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Property, constitute independent Draft: December 17, 2023

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actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Property Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties to this Agreement that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term, but shall remain valid for the term(s) of such approvals and entitlements.

7.2 City Cooperation. City staff shall work cooperatively with Owner to assist in coordinating the expeditious processing and consideration of all necessary permits, entitlements and approvals. To the extent City or City’s designee is unable to process and consider permits, entitlements and approvals in an expeditious manner, Owner shall pay to the City the costs of hiring temporary Staff or retaining an outside contractor to assist City in the expeditious processing and consideration of all necessary permits, entitlements and approvals.

7.3 No Action to Impede Project Approvals. City shall take no action or impose any condition that would conflict with this Agreement or the Project Approvals. Any action taken or condition imposed shall be deemed to be “in conflict with” this Agreement or the Project Approvals if such actions or conditions result in one or more of the circumstances identified in Section 4.6.

7.4 Processing During Third Party Litigation. The filing of any third party lawsuit(s) against the City or Owner relating to this Agreement, the Project Approvals, or other development issues affecting the Project or the Property, shall not delay or stop the development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the third party obtains an injunction or other court order preventing the activity.

8. INDEMNIFICATION.

8.1 Litigation to Set Aside, Void, or Annul the Agreement. Owner shall indemnify and hold harmless City, its affiliated agencies and districts, their agents, officers, consultants, contractors, attorneys, and employees (“Indemnified Parties”) from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a third party to set aside, void, or annul the approval of this Agreement or the Project Approvals (not including Subsequent Project Approvals) (“Third Party Initial Challenge”). Any subsequent challenge to this Agreement or Subsequent Project Approvals is a “Third Party Challenge”. Concerning any Third Party Challenge, only the Owner which filed the development application subject to the Third Party Challenge shall indemnify and hold harmless the Indemnified Parties from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a third party to set aside, void, or annul the approval of this Agreement or any Subsequent Project Approval. Notwithstanding the provisions of Section 12.1.1 of this Agreement, Owner’s obligation pursuant to this Section 8.1 is not a benefit or burden running with the land and shall Draft: December 17, 2023

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not be assigned to any person without the prior express written consent of City, unless a transfer or assignment is made pursuant to Section 12 of this Agreement. Owner’s duties under this Section 8.1 are solely subject to and conditioned upon the Indemnified Parties written request to Owner to indemnify the Indemnified Parties. Owner shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) business days from the request of City. Without in any way limiting the provisions of this Section 8.1, the Parties agree that this Section 8.1 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. The filing of any Third Party Initial Challenge or Third Party Challenge shall not delay or stop the Development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the third party obtains an injunction or other court order preventing the activity. City may not settle any Third Party Initial Challenge or Third Party Challenge without Owner’s prior written consent. The Term, the obligations imposed pursuant to this Agreement and the expiration date of the Project Approvals and Subsequent Project Approvals shall be extended day for day for any delay arising from or related to a Third Party Initial Challenge or Third Party Challenge until the date on which the Third Party Initial Challenge or Third Party Challenge is finally resolved, via a final non- appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement.

8.2 Other Litigation. Notwithstanding Section 8.1, and as a separate and distinct obligation of Owner, to the fullest extent permitted by law, Owner shall defend (with counsel of City’s choosing regarding counsel who shall represent the City), indemnify and hold the Indemnified Parties free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Owner, its officials, officers, employees, contractors, subcontractors, Owner’s or agents in connection with the performance of the Owner’s obligations under this Agreement or the Project, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Owner's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Owner, the Indemnified Parties. Except for a Third Party Challenge to the Project Approvals or this Agreement, the indemnity obligation specified in this Section 8.2 shall not apply to an Owner which has not submitted development applications which are subject to such litigation.

8.2.1 Owner’s duties under this Section 8.2 are solely subject to and conditioned upon the Indemnified Parties’ written request to Owner to indemnify the Indemnified Parties.

8.2.2 Owner shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) business days from the request of City.

8.2.3 Without in any way limiting the provisions of this Section 8.2, the Parties agree that this Section 8.2 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date.

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9. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT.

9.1 Periodic Review. The Parties shall review this Agreement at least once every 12-month period from the Effective Date of this Agreement. City shall notify Owner in writing of the date for review at least thirty (30) calendar days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1.

9.2 Good Faith Compliance. During each periodic review, Owner shall be required to demonstrate good faith compliance with the terms of this Agreement. Owner shall furnish such reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Owner, City shall provide to Owner, a certificate that Owner or a duly authorized Estoppel Certificate pursuant to the provisions of Section 13 of this Agreement.

9.3 Failure to Conduct Annual Review. City’s failure to conduct the annual review shall not be an Owner default. Further, Owner shall not be entitled to any remedy for City’s failure to conduct the annual review.

9.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to Owner. Within thirty (30) calendar days following receipt of such notice, Owner shall submit evidence to the City Council of Owner’s good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review.

The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe City’s general health, safety, or welfare is at risk as a result of specific acts or failures to act by Owner.

9.5 Administration of Agreement. Any final decision by City staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance with this Agreement may be appealed by Owner to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) business days after Owner receives written notice that the staff decision is final. The City Council shall render its decision to affirm, reverse, or modify the staff decision within thirty (30) calendar days after the appeal was filed. The decision of the City Council as to the administration of this Agreement shall be final and is not appealable. The foregoing notwithstanding, breaches of this Agreement are subject to judicial relief as provided in this Agreement.

9.6 Availability of Documents. If requested by Owner, City shall provide to Owner copies of any documents, reports, or other items reviewed, accumulated, or prepared by or for City in connection with any periodic compliance review by City except for matters protected from disclosure by the attorney client or attorney work product privileges.

10. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

10.1 Notice of Default. In the event of failure by a Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided in this Agreement, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Draft: December 17, 2023

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this Section 10 identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.

10.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction, or remedy of such default not later than ten (10) business days after receipt of notice thereof if the breach of this Agreement involves the payment of money, or not later than thirty (30) calendar days after receipt of notice thereof if the breach of this Agreement does not involve the payment of money; provided, however, that if such breach may not reasonably be cured within such thirty (30) calendar day period, then a default shall exist only if the cure of such breach is not commenced within such thirty (30) calendar day period or thereafter is not diligently prosecuted to completion.

10.3 Owner’s Remedies. Due to the size, nature, and scope of the Property and the Development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Development of the Property in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development and Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Owner for such efforts. For the above reasons, the Parties agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Owner shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, City would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement. Therefore, Owner specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against City for any breach of this Agreement by City, and shall not to seek monetary damages against City for breach of this Agreement.

10.4 City Remedies. In the event of an uncured default by Owner of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement by specific performance as its sole and exclusive remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 10, in the event of a material default by Owner, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Legislation, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in this Agreement or the Development Agreement Legislation.

10.5 Judicial Review.

10.5.1 Subsequent Land Use Entitlements. Based on the foregoing, in the event Owner judicially (including by way of a reference proceeding) challenges the application of a Subsequent Land Use Regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the authority and rights reserved and excepted as Draft: December 17, 2023

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provided in Section 4.2 of this Agreement, Owner shall bear the burden of proof in establishing that such rule, regulation, or policy is inconsistent with the Applicable Regulations, the Project Approvals, or both, and City shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the authority and rights reserved and except as provided in Section 4.2 of this Agreement and was not applied by City in violation of this Agreement.

10.5.2 Collection of Fees or Community Benefit Contributions. City may bring an action against Owner collection for any development fees due to the City or Community Benefit Contributions due to the City as described in Section 5 within six (6) years from the date the payment was due.

11. MORTGAGEE PROTECTION; CERTAIN RIGHTS TO CURE.

11.1 No Liens on Property as of Effective Date. Owner warrants and represents to the City that as of the date of recordation of this Agreement there is no mortgage, deed of trust, sale and leaseback arrangement, lien or any other form of pledge of security on the Property or any portion of the Property. If any such lien exists, Owner shall obtain the lien holders consent to this Agreement and a subordination of its interests to this Agreement in a form reasonably acceptable to the City Manager and City Attorneys that shall be recorded as part of this Agreement.

11.2 Future Encumbrances on the Property. This Agreement shall not prevent or limit Owner from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use, or operation of the Property.

11.3 Mortgagee Protection. Subject to the provisions of Section 3.4.5, this Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (“Mortgagee”), whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination, or otherwise, shall be subject to all of the terms and conditions of this Agreement.

11.4 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Owner or other affirmative covenants of Owner hereunder, or to guarantee such performance. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Owner is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.

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11.5 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to City, deliver to each Mortgagee a copy of any notice of default given to Owner under the terms of this Agreement, at the same time such notice of default is provided to Owner. The Mortgagee shall have the right, but not the obligation, to cure, correct, or remedy the default, within sixty (60) calendar days after the receipt of such notice from City for monetary defaults, or within sixty (60) calendar days after Owner’s cure period has expired for non-monetary defaults, or, for such defaults that cannot reasonably be cured, corrected, or remedied within such period, the Mortgagee may cure, correct, or remedy the default if the Mortgagee commences to cure, correct, or remedy such default within such sixty (60) calendar day period, and continuously and diligently prosecutes such cure to completion. If the default is of a nature that can only be remedied or cured by such Mortgagee upon obtaining possession of the Property, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than ninety (90) calendar days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) calendar day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such ninety (90) calendar day period, and thereafter diligently pursues such cure to completion.

12. TRANSFERS OF INTEREST IN PROPERTY OR AGREEMENT.

12.1 Transfers and Assignments.

12.1.1 Restrictions on Transfers. Owner may sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all its right, title, and interest in this Agreement, or the portion thereof that is subject to the transferred portion of the Property, to any Transferee provided that: (i) the Transferee has specifically assumed in writing the obligations, or a portion of the obligations of Owner, to construct the Public Improvements for the Project as provided in the Project Approvals and to comply with the Community Facilities District obligations described in Sections 5.7 and 6.5; and (ii) if applicable, the Transferee has obtained replacement bonds, accepted by City for the Public Improvements (in which event, City shall release Owner’s corresponding Public Improvement bonds).

12.1.2 Notice of Transfer; Agreement. In the event of any sale, assignment, or other transfer pursuant to Section 12.1.1, Owner shall notify City not more than twenty (20) business days after the transfer of the name of the Transferee, together with the corresponding entitlements being transferred to such Transferee and a copy of the Assignment and Assumption Agreement described in Section 12.1.1. In order for Owner to be released from its obligations created in this Agreement Owner and Transferee shall enter into an agreement pertaining to such transfer and shall provide that the Transferee shall be liable for the performance of those obligations of Owner under this Agreement that relate to the Transferred Property, if any, and shall confirm that Owner shall remain liable for the design and construction of Public Improvements pursuant to this Agreement, completed by Owner prior to any such transfer, subject to the provisions of Section 6.1.5.

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12.1.3 Termination of Transferring Owner’s Liability Under Agreement.

Upon the entering into the assignment and assumption agreement described in Section 12.1.2, the transferring Owner shall have no liability under this Agreement, or any further obligations created in this Agreement.

12.1.4 Exempt Transfers. The following transfers shall not be subject to the foregoing restrictions of Section 12.1: (1) transfers of easements or real property interests that are necessary to provide utility service to the Property or to extend infrastructure to the Property; and (2) transfers in reorganization of Owner, provided that management control of Owner does not change as a result of such reorganization.

12.1.5 Rights and Duties of Successors and Assigns. Subject to the provisions of Section 3.4.5, any, each, and all successors and assigns of Owner shall have all of the same rights, benefits, duties, and obligations of Owner under this Agreement.

13. ESTOPPEL CERTIFICATES.

13.1 Written Request. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the “Estoppel Certificate”) stating: (1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (3) no default in the performance of the requesting party’s obligations under this Agreement exists or, if a default does exist, the nature and amount of any default.

13.2 Ten (10) Business Days to Respond. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within ten (10) business days after the City Attorney has approved the form of the Estoppel Certificate.

13.3 Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificates on City’s behalf. Any officer of Owner may sign on Owner’s behalf.

13.4 Reliance. An Estoppel Certificate may be relied on by assignees and mortgagees.

13.5 Failure to Provide Estoppel Certificate. Failure by a Party to provide an Estoppel Certificate within ten (10) calendar days after receipt of the request therefor shall be deemed confirmation that this Agreement is in full force and effect and has not been amended or modified either orally or in writing.

14. MISCELLANEOUS.

14.1 Interest of Owner. Owner represents and warrants that it has a legal or equitable interest in the Property and, as such, Owner is qualified to enter into and be a party to this Agreement under the Development Agreement Legislation.

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14.2 Notices. All notices permitted or required under this Agreement must be in writing and shall be effectuated by: (i) personal delivery; (ii) first class mail, registered or certified, postage fully prepaid; or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following Parties, or to such other address as any party may from time to time designate in writing in the manner as provided in this Agreement:

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attn: City Manager
With a copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37h Floor
Los Angeles, California 90071
Attn: Peter M. Thorson, Esq.

To Owner: Rick Bondar, Owner’s designated agent,
Sky Country Investment Co./East, LLC
PO Box 1295, Corona, CA 92878
With a copy to: Allen Matkins Leck Gamble
Mallory & Natsis LLP
2010 Main Street, Suite 800
Irvine, CA 92614
Attn: John C. Condas, Esq.

Any written notice, demand, or communication shall be deemed received immediately if personally delivered or de livered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

14.3 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or failures to perform are due to the elements, fire, earthquakes, or other acts of God, supply chain disruptions and delays related to the availability of construction materials and manpower, global pandemics or governmental orders imposed in response to public health crisis, inability of any utility purveyor to provide adequate service to the Project, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections, pending litigation, or governmental restrictions imposed or mandated by other governmental entities. The Parties may also extend times of performance under this Agreement in writing. In the event Owner desires to invoke these force majeure provisions, Owner shall notify City of a force majeure event within thirty (30) calendar days of the event and include a detailed description of the force majeure event and how it affects Owner’s compliance with the terms of this Agreement.

14.4 Binding Effect; Covenants Run with Land. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent Owner of all or any portion of the Property or the Development, and Draft: December 17, 2023

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their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties and all successors in interest to the Parties for the term of this Agreement.

14.5 Relationship of Parties. The Parties acknowledge that, in entering into and performing this Agreement, each of the Parties is acting as an independent entity and not as an agent of the other in any respect. The Parties renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Development of the Property shall be construed as making the Parties joint ventures or partners.

14.6 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.

14.7 Nonliability of City Officers and Employees. No City official, officer, employee, agent, or representative, acting in his or her official capacity, shall be personally liable to Owner, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on City’s part.

14.8 Covenant Against Discrimination. The Parties covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification as defined by California or Federal law, in the performance of this Agreement. Owner shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.).

14.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 14.9. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided in this Agreement. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions of this Agreement.

14.10 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that Draft: December 17, 2023

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the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

14.11 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, the masculine gender includes the feminine and vice versa, “shall” is mandatory, and “may” is permissive.

14.12 Attorneys’ Fees. If legal action is brought by either Party against the other for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of its costs, including reasonable attorneys’ fees. Attorneys’ fees under this Section 14.12 shall include attorneys’ fees on any appeal and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses, including, without limitation, reasonable expert witness fees, incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing Party, the prevailing Party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

14.13 Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

14.14 Captions and References. The captions of the sections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference in this Agreement to a section or exhibit are the sections and exhibits of this Agreement.

14.15 Time of Essence. Time is of the essence in the performance of this Agreement and for each and every term and condition of this Agreement as to which time is an element.

14.16 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement.

14.17 Exhibits. Exhibits A – g, identified as follows, are attached to this Agreement and are incorporated into this Agreement as though set forth in full:

Exhibit A Legal Description of Property
Exhibit B Site Map
Draft: December 17, 2023

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2793172.18
Exhibit C Template Agreement for Acquisition of Property Government Code Section 66462.5
Exhibit D DIF Schedule for Ten Years After Effective Date Exhibit E Maintenance CFD Units of Benefit by Land Use
Exhibit F Permitted and Conditionally Permitted Uses in Commercial Area

14.18 Counterpart Signature Pages. The Parties may execute this Agreement in counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such shall constitute one and the same Agreement.

14.19 Owner’s Representations. Owner warrants and represents that: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Owner is formally bound to the provisions of this Agreement; (iv) Owner’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Owner is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Owner is aware that could prevent Owner from entering into or performing its obligations set forth in this Agreement.

14.20 No Brokers. Each Party represents to the other Party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees that may accrue by means of this Agreement, and shall hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.

14.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Effective Date. Accordingly, subject to Section 4.2, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date.

14.22 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

This Agreement and any dispute arising under this Agreement shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, this Agreement shall not be deemed to constitute the surrender or abnegation of City’s governmental powers over the Property.

14.23 Joint and Several Liability. Except as provided below, at any time there is more than one Owner, no breach of this Agreement by an Owner shall constitute a breach by any other Owner. Any remedy, obligation or liability, including, without limitation, the obligations Draft: December 17, 2023

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2793172.18
to defend and indemnify the City, arising by reason of such breach, shall be applicable solely to Owner that committed the breach. However, City shall send a copy of any notice of violation to all Owners, including those not in breach. In addition, a default by a Transferee shall only affect that portion of the Property owned by such Transferee and shall not cancel or diminish in any way Owner’s rights under this Agreement with respect to any portion of the Property not owned by such Transferee. The Transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such Transferee, and any amendment to this Agreement between City and a Transferee shall only affect the portion of the Property owned by such Transferee, and only the Project Approvals which solely apply to such Transferee. Notwithstanding the foregoing provisions of this Section 14.23, the Owner shall be jointly and severally liable for the obligations to construct the Public Improvements for the Project as provided in the Project Approvals and to comply with the Community Facilities District obligations described in Sections 5.7 and 6.5.

[INTENTIONALLY LEFT BLANK; SIGNATURES ON NEXT PAGE]
Draft: December 17, 2023

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2793172.18
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

“OWNER”

THE CHRIS MCCABE TRUST CREATED
BY THE ANTHONY P. VERNOLA
TRUST U/D/T/ DATED OCTOBER 18,
2000
By: __________________________
Name: Patrick Vernola
Title: Trustee
BELLATERA INVESTMENTS PA 13,
LLC, a California limited liability company
By: __________________________
Name: Patrick Vernola
Title: __________________________
BOOMER INVESTMENTS PA 13, LLC,
a California limited liability company
By: __________________________
Name: Frank Vernola
Title: __________________________
SHELLINA INVESTMENTS PA 13,
a California limited liability company
By: __________________________
Name: Rachelle Bolin
Title: __________________________

SKY COUNTRY INVESTMENT
CO./EAST, LLC, a Cali fornia limited
liability company
By: __________________________
Name: Richard Bondar
Title: Manager Member
Draft: December 17, 2023

-38-
2793172.18

By: __________________________
Name: Agnes Vanderdussen
Title: Manager Member
By: __________________________
Name: Ronald Pietersma
Title: Manager Member

ANTHONY P. VERNOLA TRUST DATED
OCTOBER 18, 2000
By: __________________________
Name: Patrick Vernola
Title: Trustee

PATRICK AND MARY ANN VERNOLA

TRUST-MARITAL TRUST
By: __________________________
Name: Patrick Vernola
Title: Successor Trustee

[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice -President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]

Draft: December 17, 2023

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2793172.18

“CITY ”
CITY OF JURUPA VALLEY, a California
municipal corporation
___________________________________
Chris Barajas, Mayor

ATTEST:
_________________________________
Victoria Wasko, CMC, City Clerk

APPROVED AS TO FORM:

RICHARDS WATSON & GERSHON
_________________________________
Peter M. Thorson, City Attorney

EXHIBIT A
-1-

EXHIBIT A

DESCRIPTION OF PROPERTY

EXHIBIT B
-1-

EXHIBIT B

SITE MAP

EXHIBIT C
-1-

EXHIBIT C

TEMPLATE AGREEMENT FOR ACQUISITION OF PROPERTY
GOVERNMENT CODE SECTION 66462.5
AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
(___________________ PROJECT)
This Agreement for acquisition of real property pursuant to Government Code section 66462.5 is made and entered into as of ___________________, _____ , by and between ________________________________ , _________________ (“Owner” hereinafter) and the City OF JURUPA VALLEY, a municipal corporation (“ City” hereinafter). Owner and City are referred to jointly below as “parties.” In consideration of the I n consideration of the recitals of facts and purposes, the mutual covenants set forth in this Agreement and for the furth er consideration described in this Agreement, receipt of which is hereby acknowledged, the parties agree as follows:

1. Recitals. The parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.

A. On ___________________, the City Council adopted Ordinance No. 2023-___ approving a Development Agreement between Owner and City for the Owner’s Project within the City (“Development Agreement”). All capitalized terms in this Agreement shall have the same definitions as described in the Development Agreement, including, without limitation, Property, Project, and Project Approvals.

B. To facilitate the orderly development of the Project through the Project Approvals on the Property the Owner will be required to construct certain Public Improvements.

Satisfaction of such conditions of the Development Approvals, however, involves real property that is neither owned by Owner or City (the “Off-Site Property” hereinafter). A legal description and map depiction of the Off-Site Property required to satisfy the condition of approval is attached hereto as Exhibit 1, and incorporated herein by this reference as though set forth in full.

C. Pursuant to California Government Code section 66462.5 and Section 4.9 of the Development Agreement, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on Off-Site Property not owned or controlled by the Owner, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-Site Property by eminent domain or such off- site improvement conditions will be waived. Pursuant to said section 66462.5, a city and an Owner may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off-Site Property.

D. Owner has recorded or intends to record Tract Map No. ________ and, under a separate subdivision improvement agreement, has agreed (and posted security) to undertake and complete all required public improvements set forth in _______________________, including _________________________________ said Off-Site Property, following recordation of Tract Map No. ________.

EXHIBIT C
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E. City has been provided credible evidence that Owner has made a good faith effort to acquire the Off-Site Property but has been unable to do so by negotiated purchase; F. California Government Code Section 40404 and California Code of Civil Procedure Sections 1230.010 et seq. authorizes City to acquire by eminent domain any and all property necessary for ________________________ purposes; G. The City must comply with Relocation Assistance Act, Government Code Sections 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et seq., and their implementing regulations, in acquiring property for public improvements (“Public Land Acquisition Statutes”).

H. To facilitate the satisfaction of the condition of approval, City and Owner now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-Site Property and to allocate responsibility between the respective parties; and
I. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5 and Section 4.9 of the Development Agreement. The parties recognize that City cannot exercise its power of eminent domain until all legally required preconditions under the Land Acquisition Statutes, including a Resolution of Necessity have been lawfully adopted by the City Council of the City pursuant to law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off- Site Property that may be identified in this Agreement. In the event City elects to commence an action after the required public hearing on the Resolution of Necessity, then City shall cause the eminent domain action for the acquisition of the specified interest or interests (whether fee, leasehold or otherwise) in and to the Off-Site Property to be filed and expeditiously processed to completion by and through the use of City’s power of eminent domain.

2. City Acquisition of Off-Site Property. Subject to Owner’s timely and continuous performance of all elements of this Agreement and the Development Agreement, City shall cause an action pursuant to the Land Acquisition Statutes to be pursued to completion for the acquisition of the Off-Site Property using legal counsel and consultants of City’ reasonable selection. Owner agrees City’s selected legal counsel is not representing Owner in any capacity and further that Owner is not a third party beneficiary under the engagement agreement between City and City’s selected legal counsel.

3. Owner Responsible for All Costs of Acquisition. Owner shall be solely responsible for all Off-Site Property acquisition costs, which shall include, but not be limited to, the costs of title reports and/or litigation guarantees, litigation expenses, court costs, attorneys’ fees, deposits necessary to take immediate possession of any such interest, deposits reflecting verdicts as to the value of any such interest necessary to obtain any final order or orders of condemnation, any sum paid as and for a settlement of any suit filed by City pursuant to this Agreement, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment damages, Off-Site Property owners’ statutory costs and litigation expenses authorized by the Eminent Domain Law, codified as Code of Civil Procedure

EXHIBIT C
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Section 1230.010, et seq. (Eminent Domain Law), Public Land Acquisition Statutes and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings. No settlement of an action brought by City to acquire Off-Site Property or arising from City’s action(s) shall be effective without Owner first providing its written approval thereof to City, which approval shall not be unreasonably withheld.

4. Limitations on City’s Ability to Acquire Off-Site Property; Time Waiver. The parties hereto recognize that if the City Council, in its discretion, adopts a Resolution of Necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain the fee title to the Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5.

5. Deposit of Costs. Concurrently with the execution of this Agreement by City, Owner shall deliver to City the sum of _______________ Thousand Dollars ($_______.00). City agrees to deposit said sum in a separate City account (“Acquisition Fund”) and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement, other than the unsatisfied costs identified in this paragraph.

A. City shall, on a monthly basis, or as often as City deems necessary, provide Owner with an accounting of disbursements from the Acquisition Fund established pursuant to paragraph 5, above. In the event disbursements reduce the balance of the fund to Five Thousand Dollars ($5,000.00) or less, Owner, five (5) business days following a written request of City, shall deliver to City such additional monies as are necessary to maintain the balance in the Acquisition Fund at ___________ Thousand Dollars ($______________.00).

B. In addition to its deposits to the Acquisition Fund, Owner agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law (“Deposit Amount”), which amount City will deposit under Code of Civil Procedure sections 1255.010, et seq. if City and Owner agree that City should seek prejudgment possession of the Off-Site Property. If the City’s expert valuation witness determines at the date of exchange of valuation data under Code of Civil Procedure section 1258.220 that the fair market value of the Off-Site Property is higher than the Deposit Amount, Owner shall deliver this additional amount to City upon five (5) business days written notice by City or as ordered by any court of competent jurisdiction. City shall promptly deposit this additional amount with the Court.

C. If for any reason Owner fails to maintain the Acquisition Fund balance referenced in this paragraph, or fails to provide the monies as required by this paragraph, City may utilize and draw down all or any portion of the improvement security deposited pursuant to the separate subdivision improvement agreement to pay any of the costs and expenses referenced herein for acquisition of the Off-Site Property. City shall not commence any activity under or in furtherance of this Agreement until Owner provides City and City agrees with and approves a written acknowledgment from both the Owner and the person, firm, or entity who has provided the referenced security that: (i) the City may make demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City’s demand and (iii) the amount of the security deposit is adequate to fund both the anticipated

EXHIBIT C
-4-

physical improvements under the map and the anticipated costs of acquisition pursuant to this Agreement.

D. When any eminent domain action which was commenced pursuant to this Agreement is concluded, City shall remit to Owner the balance of the Acquisition Fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made to Off-Site Property owners. Additionally, City shall expeditiously withdraw any funds remaining on deposit with the Court and disburse the same to Owner once a final order of condemnation or a dismissal of the eminent domain action is entered by the Court.

6. Owner Acquisition of Property. If Owner should independently acquire all or any portion of the Off-Site Property by negotiated purchase after an eminent domain action is filed by the City, Owner shall immediately notify City of the acquisition. After Owner obtains fee title to the subject interest City shall move to abandon all or any unnecessary part of the action relating to the property acquired by negotiation. If a complete or partial abandonment is filed, Owner shall bear any and all costs, expenses and/or damages related thereto, including, but not limited to, any condemnee’s recoverable costs and/or recoverable attorneys’ fees pursuant to Code of Civil Procedure Section 1268.610, et seq.

7. General.

A. Notices. Any and all notices, requests or other communications required or permitted to be given under this Agreement or by reason of this Agreement shall be in writing and shall be deemed to have been given when: (i) delivered in person or by courier or overnight delivery service; or (ii) five (5) business days after mailing, by certified or registered mail, return receipt requested, to the parties at the following addresses or any such other address or addresses as the parties may, from time to time, designate in writing in the manner herein specified:

City : City OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, CA 92589
Attention: City Manager
With a copy to:

RICHARDS, WATSON & GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071-3101
Attention: Mr. Peter M. Thorson, City Attorney
Owner:

With a copy to:

Allen Matkins Leck Gamble
Mallory & Natsis LLP
2010 Main Street, Suite 800
Irvine, CA 92614
Attn: John C. Condas, Esq.

EXHIBIT C
-5-

B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.

C. Amendment. No amendment to this Agreement shall be effective unless first provided in writing and executed by the parties hereto.

D. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties’ agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.

E. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.

F. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees.

G. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity.

H. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California.

EXHIBIT C
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IN WITNESS WHEREOF, the parties hereof have executed and entered into this Agreement as of the date set forth above.

Owner

____________________________
Name:

Title:
____________________________
Name:

Title:

OWNER’S SIGNATURES
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice -President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]

EXHIBIT C
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EXHIBIT 1

LEGAL DESCRIPTION AND MAP DEPICTION OF THE OFF-SITE PROPERTY

EXHIBIT D

CITY DEVELOPMENT IMPACT FEE SCHEDULE FOR TEN YEARS FOLLOWING

EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
[Does not include TUMF, MSHCP Fees or Mira Loma RBBD fees]

EXHIBIT E

MAINTENANCE CFD UNITS OF BENEFIT BY LAND USE

Land Use Type Benefit Unit(s)
Residential Property One (1) Per Unit
Multifamily Residential Property- Medium Density Six tenths (0.6) / Unit Multifamily Residential Property- High Density Four tenths (0.4) / Unit Business Park Property Five (5) / Acre
Commercial Retail Property Five (5) / Acre
Commercial Other Property Five (5) / Acre
Light Industrial Property Two (2) / Acre
Heavy Industrial Property Two (2) / Acre
Other Non-Residential Property Three (3) / Acre

This Exhibit sets forth the units of benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City and the size and components of those improvements (“Benefit Units”).

Pursuant to Section 6.5.2, parcels of Taxable Property (as defined in the Rate and Method of Apportionment for such maintenance CFD) shall be assigned the appropriate Benefit Unit(s) contained in the Table above based upon each Parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Special Tax shall be levied upon and collected from each such Parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type.

EXHIBIT G

PERMITTED AND CONDITIONALLY PERMITTED USES IN COMMERCIAL AREA

CHAPTER 9.125. C-P-S ZONE (SCENIC HIGHWAY COMMERCIAL)
Sec. 9.125.010. Scope.

The provisions of this chapter shall apply in all C-P-S Zones.

Sec. 9.125.020. Uses permitted.

A. The following uses are permitted only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a site development permit shall have been approved pursuant to the provisions of Section 9.240.330:
(1) Ambulance services.
(2) Antique shops.
(3) Appliance stores, household.
(4) Art supply shops and studios.
(5) Auditoriums and conference rooms.
(6) Automobile parts and supply stores.
(7) Bakery goods distributors.
(8) Bakery shops, including baking only when incidental to retail sales on the premises. (9) Banks and financial institutions.
(10) Barber and beauty shops.
(11) Bicycle sales and rentals.
(12) Billiard and pool halls.
(13) Blueprint and duplicating services.
(14) Book stores and binders.
(15) Bowling alleys.
(16) Catering services.
(17) Ceramic sales and manufacturing for on -site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet.
(18) Cleaning and dyeing shops.
(19) Clothing stores.
(20) Confectionery or candy stores.
(21) Costume design studios.
(22) Dance halls.
(23) Delicatessens.
(24) Department stores.
(25) Drug stores.
(26) Dry goods stores.
(27) Electrical substations.
(28) Employment agencies.
(29) Escort bureaus.

(30) Feed and grain sales.
(31) Fishing and casting pools.
(32) Florist shops.
(33) Food markets and frozen food lockers.
(34) Gift shops.
(35) Hardware stores.
(36) Household goods sales and repair, including, but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof. (37) Hobby shops.
(38) Ice cream shops.
(39) Ice sales, not including ice plants.
(40) Interior decorating shops.
(41) Jewelry stores with incidental repairs.
(42) Labor temples.
(43) Laboratories, film, dental, medical, research or testing. (44) Laundries and laundromats.
(45) Leather goods stores.
(46) Locksmith shops.
(47) Mail order businesses.
(48) Manufacturer's agent.
(49) Market, food, wholesale or jobber.
(50) Massage parlors, Turkish baths, health centers and similar personal service establishments. (51) Meat markets, not including slaughtering.
(52) Mimeographing and addressograph services.
(53) Mobilehomes, provided they are kept mobile and licensed pursuant to state law, use for:
(a) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are inconspicuously located. (b) Agricultural worker employment offices for a maximum of ninety (90) days in any calendar year.
(c) Caretakers or watchmen and their families provided no rent is paid, where a permitted and existing commercial use is established. Not more than one (1) mobilehome shall be allowed for a parcel of land or a shopping center complex.
(54) Music stores.
(55) News stores.
(56) Notions or novelty stores.
(57) Nurseries and garden supply stores.
(58) Offices, business.
(59) One on-site operator's residence, which may be located in a commercial building. (60) Paint and wall paper stores, not including paint contractors. (61) Parking lots and parking structures.
(62) Pawn shops.
(63) Pet shops and pet supply shops.
(64) Photography shops and studios and photo engraving. (65) Plumbing shops, not including plumbing contractors. (66) Poultry markets, not including slaughtering or live sales. (67) Printers or publishers.
(68) Produce markets.
(69) Radio and television broadcasting studios.

(70) Recording studios.
(71) Refreshment stands.
(72) Restaurants and other eating establishments without drive thru. (73) Schools, business and professional, including art, barber, beauty, dance , drama, music and swimming.
(74) Shoe stores and repair shops.
(75) Shoeshine stands.
(76) Signs, on-site advertising.
(77) Sporting goods stores.
(78) Stained glass assembly.
(79) Stationery stores.
(80) Stations, bus, railroad and taxi.
(81) Taxidermist.
(82) Tailor shops.
(83) Telephone exchanges.
(84) Theaters, not including drive-ins.
(85) Tobacco shops.
(86) Tourist information centers.
(87) Toy shops.
(88) Travel agencies.
(89) Typewriter sales and rental and incidental repairs. (90) Watch repair shops.
(91) Wedding chapels.
(92) Wholesale businesses with samples on the premises, but not to include storage. (93) Recycling collection facilities.
(94) Gasoline service stations, not including the concurrent sale of beer and wine for off -premises consumption, excluding truck stops/travel centers.
(95) Golf cart sales and service.
(96) Hotels, resort hotels and motels.
(97) Day care centers.
(98)Convenience stores, not including the sale of motor vehicle fuel. (99)Churches, temples and other places of religious worship.

B. Uses permitted by conditional use permit. The following uses are permitted, provided a conditional use permit has been granted pursuant to the provisions of Section 9.240.280 of the Jurupa Valley Municipal Code:
(1) Automobile repair garages, body shops, spray painting shops. (2) Automobile sales and rental agencies.
(3) Boat sales, rentals and services.
(4) Car washes.
(5) Drive-in theaters.
(6) Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding twenty (20) cubic feet in capacity and other similar equipment. (7) Heliports.
(8) Liquid petroleum service stations, with or wit hout the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed ten thousand (10,000) gallons pursuant to Section 9.240.490, excluding truck stops/travel centers.

(9) Mortuaries.
(10) Sale, rental, repair, or demonstr ation of motorcycles, scooters or motorbikes of two (2) horsepower or greater.
(11) Animal hospitals.
(12) Sports and recreational facilities, not including motor -driven vehicles and riding academies, but including archery ranges, athletic fields, beache s, golf driving ranges, gymnasiums, miniature golf, parks, playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools.
(13) Tire recapping.
(14) Tire sales and services, not including recapping.
(15) Trailer and boat storage.
(16) Travel trailers, mobilehomes and recreational vehicles sales and service. (17) Truck sales and services.
(18) Trucks and trailers; the rental of trucks not over nineteen thousand, five hundred (19,500) pounds gross weight, with body not to exceed twent y-two (22) feet in length from the back of the cab to the end of the body; and the rental of trailers not exceeding six (6) feet in width or twenty-two (22) feet in length.
(19) Underground bulk fuel storage.
(20) All uses permitted in subsection (A) of this section that have more than two hundred (200) square feet of outside storage of display of materials. (21) Gasoline service stations, Automobile Fueling Stations (as defined in 9.240.050 of the Jurupa Valley Municipal Code) with the concurrent sale of beer and wine for off-premises consumption, excluding truck stops/travel centers.
(22) Automobile fueling station as defined in Section 9.240.050 of the Jurupa Valley Municipal Code. (2223)Convenience stores, including the sale of motor vehicle fuel. (24) Billiard and pool halls, bowling alleys, dance halls, restaurants, theaters (not including drive -ins) hotels, resort hotels, sports and recreational facilities (including motor vehicle ra ces) archery ranges, golf driving ranges, sports arenas, skating rinks, and stadiums with alcoholic beverage sales for on -premises consumption and markets, and convenience stores with the sale of alcoholic beverages for off -premises consumption pursuant to the provisions of Section

9.240.490.
(25) Parking lots and parking structures.
(26) Dance Halls.
(27) Electrical substations.
(28) Massage parlors.
(29) Wedding chapels.
(30) Restaurants and other eating establishments with drive-thru. (31) Convenience stores, not including the sale of motor vehicle fuel.

C. The uses listed in subsections A. and B. of this section do not include sex-oriented businesses as defined in Chapter 5.60, Sex Oriented Businesses, of the Jurupa Valley Municipal Code.

D. Accessory uses. An accessory use to a permitted use is allowed, provided the accessory use is established on the same lot or parcel of land, and is incidental to, and consistent with the character of the permitted principal use, including, but not limited to, limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and providing any such related activity does not exceed any of the following restrictions:

(1) The maximum gross floor area of the building permitted to be devoted to such accessory use shall be twenty-five (25) percent.
(2) The maximum total horsepower of all electric motors used in connection with such accessory use shall be five (5) horsepower.
(3) The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises. Such accessory use shall be located not nearer than fifty (50) feet to any residential zone.
(4) Accessory uses shall be conducted wholly within a completely enclosed building.

E. Any use that is not specifically listed in subsections A. and B. of this section may be considered a permitted or conditionally permitted use, provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

F. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections a. and b. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14[A3] adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.

Sec. 9.125.030. Planned commercial development.

Planned commercial developments are permitted, provided a land division is approved pursuant to the provisions of Title 7.

C-3

Sec. 9.125.040. Development standards.

The following shall be the standards of development in the C-P-S Zones:
(1) There is no minimum lot area requirement, unless specifically required by zone c lassification for a particular area.
(2) There are no yard requirements for buildings which do not exceed thirty -five (35) feet in height, except as required for specific plans. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty -five (35) feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the spec ific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side s etback shall be measured from the side lot line or from an existing adjacent street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. (3) No building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall a building or structure exceed seventy-five (75) feet in height, unless a variance is approved pursuant to Section 9.240.270. (4) Automobile storage space shall be provided as required by Section 9.240.120. (5) All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand, three hundred and twenty (1,320) feet.

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120

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 11.H

AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY

RECORDS

RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-01, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN

OBSOLETE CITY RECORDS

BACKGROUND
The City’s records are an important asset of the City; however, over time various records lose their legal, fiscal, or administrative significance. The City Clerk’s office is recommending that the City Council approve the destruction of obsolete records that have reached the end of their retention and have no further legal, fiscal, or administrative value.

The proposed resolution complies with the City’s Records Management Policy which was adopted by Resolution No. 2018 -06. The intent of this policy is to apply efficient and economical management methods to the creation, utilization, m aintenance, retention, preservation, and disposal of City records.

ANALYSIS
Following the adoption of a City resolution and approval by the City Attorney, City staff may destroy inactive records when they have satisfied all legal retention requirements.

Destruction is carried out in accordance with the City’s Record Retention Schedules and pursuant to Government Code Section 34090.

RETURN TO AGENDA

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RESOLUTION NO. 2024-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, AUTHORIZING THE

DESTRUCTION OF CERTAIN OBSOLETE CITY RECORDS

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

Section 1. Recitals. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At their February 15, 2018 meeting, the City Council adopted Resolution No. 2018-06 approving the City of Jurupa Valley Records Management Policies and Procedures Manual; and
(b) The City of Jurupa Valley Records Management Policies and Procedures Manual contains the records retention and disposition schedules for all City departments. The records retentio n and disposition schedules are a comprehensive listing of records created or maintained by the City, the length of time each record should be retained, and the legal retention authority. If no legal retention authority is cited, the retention period is ba sed on state law and standard records management practice; and
(c) Government Code section 34090 provides that, with the approval of the City Council and the written consent of the City Attorney, the head of a City department may destroy certain city records, documents, instruments, books or papers under the Department Head’s charge, without making a copy, if the records are no longer needed; and (d) A list of the records, documents, instruments, books or papers proposed for destruction is attached hereto as Exhibit A, and incorporated herein, and shall hereafter be referred to collectively as the “Records”; and
(e) The Records do not include any records affecting title to real property or liens upon real property, court records, records required to be kept by statute, records less than two years old, video or audio recordings that are evidence in any claim or pending litigation, or the minutes, ordinances or resolutions of the City Council or any City board or commission; and (f) The City Clerk agrees that the proposed dest ruction conforms to the City’s retention and disposition schedules; and
(g) The City Attorney consents to the destruction of the Records; and (h) The City Council of the City of Jurupa Valley finds and determines that the Records are no longer required and may be destroyed.
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Section 2. The City Council of the City of Jurupa Valley authorizes the City Clerk or her designated representative to destroy the Records as shown as Exhibit A , without retaining a copy as described therein.

Section 3. The destruction of the Records pursuant to this Resolution is hereby approved.

_______________________________________
Peter M. Thorson
City Attorney
City of Jurupa Valley

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 18th day of January, 2024.

______________________________
Guillermo Silva
Mayor

ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2024-01 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 18th day of January, 2024, by the following votes, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of January, 2024.

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

Exhibit A
City of Jurupa Valley
City Clerk’s Office
List of Records Scheduled for Destruction in CY 2024

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Jurupa Valley City CouncilJanuary 18, 2024

Jurupa Valley City Council
January 18, 2024