CITY OF LOMA LINDA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, November 14, 2023, 7:00 PM
Council Chambers
25541 Barton Road
Loma Linda, CA 92354
Est. Duration: 2 hr 45 min
A regular meeting of the City Council of the City of Loma Linda is scheduled in the Council Chambers, 25541 Barton Road, Loma Linda, California. Pursuant to Municipal Code Section 2.08.010, study session or closed session items may begin at 5:30 p.m. or as soon thereafter as possible. The public meeting begins at 7:00 p.m.
Reports and Documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours. The Loma Linda Branch Library is also provided an agenda packet for your convenience. The agenda and reports are also located on the City’s Website at www.lomalinda-ca.gov.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 25541 Barton Road, Loma Linda, CA during normal business hours. Such documents are also available on the City’s website at www.lomalinda-ca.gov subject to staff’s ability to post the documents before the meeting.
Persons wishing to speak on an agenda item, including any closed session items, are asked to complete an information card and present it to the City Clerk prior to consideration of the item. When the item is to be considered, please step forward to the podium, the Chair will recognize you and you may offer your comments. The City Council meeting is recorded to assist in the preparation of the Minutes, and you are therefore asked to give your name and address prior to offering testimony.
The Oral Reports/Public Participation portion of the agenda pertains to items NOT on the agenda and is limited to 30 minutes; 3 minutes allotted for each speaker. Pursuant to the Brown Act, no action may be taken by the City Council at this time; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (909) 799-2819. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.
A recess may be called at the discretion of the City Council.
Meetings are accessible to people with disabilities. Every attempt will be made to swiftly address each request. Requests in advance of the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the City Clerk at [email protected] or (909) 799-2819.
1: Call to Order
1A. Call to Order
1B. Roll Call
1C. Closed Session/Workshop
1D. Invocation and Pledge of Allegiance - Councilman Rhodes Rigsby 1E. Items to be Added or Deleted
1F. Oral Reports/Public Participation - Non-Agenda Items 1G. Conflict of Interest Disclosure
2: Scheduled and Related Items
2A. Discussion of Activities and Programs of the Senior Center [City Manager] 3: Consent Calendar
3A. Demands Registers - October 24 and November 14, 2023 [Finance] 3B. Approval of Minutes 10-11-2023
3C. Treasurer's Report - October 2023 [Finance]
3D. Fire Department's Activity Report - October 2023 [Fire] 3E. Award Bid to Purchase One F350 Dump Truck [Public Works] — Award bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 Dump Truck for a total of $76,510.85.
3F. Award Bid to Purchase One F350 Lift Gate Truck [Public Works] — Award bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 vehicle for a total of $64,652.69. 3G. Award Contract for Replacement Telemetry Panel at Richardson Well #3 [Public Works] — Award contract to Cricket Consulting of Anaheim, CA for replacement of the telemetry panels for $12,800.00. 3H. Award Contract to Charter Communications Operating LLC for the 10 Gigabyte Bandwidth Circuit [Information System]
— Award contract to Charter Communications Operating LLC at $3,500 monthly from the Contractual Services 51830 account allocated among City Department budgets.
3I. Authorize Purchase of Sewer Lift Station Package to be installed at the end of Juanita St. [Public Works] — Authorize the purchase of a sewer lift station package to Multi W Systems, Inc. of El Monte to install at the end of Juanita Street for $166,002.48, and approve a contingency amount of $16,600.00. 3J. Supplemental Appropriate and Extend Contract Agreement for Record Management Services [Administration] — Approve a supplemental appropriation of $10,000 from the General Fund fund balance and approve and extend contract agreement with the new service provider, Vital Records Control, for Records Management services and software implementation.
3K. Supplemental Appropriation for Professional Services Contract for the Council District Implementation [Administration]
— Supplemental appropriation of $43,000 of unspent funds from Fiscal Year 2022-2023 for professional services by National Demographics Corporation (NDC) for the development and adoption of City Council Election District boundaries.
3L. Agreement with Willdan Engineering for Building and Engineering Plan Check Services [Community Development]
— Authorize the City Manager to enter into a professional consultant services agreement with Willdan Engineering (“Willdan”) to provide staff, plan check, permitting, and building inspection services for the Building Division, and plan check services for the Engineering Division on an as-needed basis. The initial agreement will last for two years and may be extended for three, two-year periods with consent from both parties. 3M. Council Bill #R-2023-38 - Adopt a Resolution Accepting Revenue and Approving the Appropriation for TDA Article 3 Grant [Public Works]
— Adopt Council Bill #R 2023-38 to accept the TDA Article 3 Grant revenue of $50,122 into Revenue Account No. 1370000-49362 and approve an appropriation of $50,200 into expenditure Account No. 1375360-58500. 3N. Authorization to apply for 2024 Urban Areas Security Initiative (UASI) grant [Fire] — Authorize the Fire Department to apply for and appropriate the revenue from the 2024 Urban Areas Security Initiative (UASI) Program grant; authorize the City Manager to execute the related grant documents and to accept additional grant funding should it become available. 3O. Accept Street Right-of-Way Easement at the west side of California Street and north of Mission Road [Public Works]
— Accept the easement offered by Richard and Terri Kunihira Living Trust for Street and Utility Purposes on California Street and authorize the City Manager to sign the Certificate of Acceptance document for recordation. 3P. Surplus Items for Disposal [Public Works]
— Declare the attached list of vehicles, equipment and miscellaneous items surplus and authorize the items be appropriately disposed and the remaining items auctioned off as surplus. 3Q. Notice of Completion - Anderson Way Storm Drain Modification [Public Works] — Accept as complete and authorize recordation of Notice of Completion for Anderson Way Storm Drain Modification, TK Contruction, Contractor
3R. Supplemental Appropriation and Notice of Completion for the ADA Ramps and Sidewalks at Various Locations (CIP 23-114) [Public Works]
— Approve a Supplemental Appropriation from the CDBG Grant, in the amount of $27,800 and — Approve a Supplemental Appropriation, in the amount of $47,000, from Measure I fund balance and — Accept as complete and authorize recordation of Notice of Completion for Construction of ADA Ramps and Installation of Sidewalks at Various Locations, Universal Construction & Engineering, Contractor (CIP 23-114) 4: Old Business
4A. Adopt Council Bill #O-2023-02 of a Comprehensive Code Update to Title 17, Zoning (Second Reading and Roll Call Vote) [Administration]
Amending Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.
— Waive Reading of Council Bill #O-2023-02 in its entirety, direct the Clerk to read by title only, and adopt the Ordinance.
5: New Business
5A. Historic Commission Member Appointment and Notice of Expired Members Terms [Administration] — 1. Appointment of vacant seat to Scott Hepburn
— 2. Notice of Expired Terms posting of three Commission members 6: Reports
6A. Reports of Council Members
6B. Reports Of Officers
— City of Loma Linda receives Certificate of Achievement for Excellence in Financial Reporting for the City's Annual Comprehensive Finance Report for Fiscal Year 2021-2022 — Art in Public Places
7: Adjournment
7A. Meeting adjourned to the meeting of December 12, 2023.
POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that, I caused this agenda to be posted at the following three (3) locations, to-wit:
Loma Linda Branch Library, 25581 Barton Road, Loma Linda, California City Council Chambers, 25541 Barton Road, Loma Linda, California U. S. Post Office Annex, Newport Avenue, Loma Linda, California Lynette Arreola, City Clerk
City of Loma Linda, California
Date Posted: November 9, 2023
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Discussion of Activities and Programs of the Senior Center [City Manager] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: A
To
City Council
From
T Jarb Thaipejr, City Manager
Attachments
Senior Center 2023-24 Budget Summary.pdf
Sr Ctr Calendar - Loma Linda.pdf
Sr Ctr Calendar - City of Colton.pdf
Sr Ctr Calendar - City of Grand Terrace (2).pdf
Sr Ctr Calendar - City of Highland.pdf
Sr Ctr Calendar - City of Redlands -.pdf
Reviewed by City Council
Date:
DISCUSSION:
The City Council has directed staff to investigate programs and uses of the Senior Citizens Center. Constructed in 2002, this was Jarb's first major project for the City. Prior to the construction, most senior citizen events were directed to the community room or local churches. Over the years the senior community has volunteered, sponsored, or organized many activities, including ballroom dancing, line dancing, ukulele practice, and other music lessons, tai chi, low-impact exercise, crafting, painting, games, computers for beginners, and a hot lunch program. Tax preparation for Seniors and others is held in the Community Room.
All programs were postponed from the end of 2020 until mid-2023 due to Covid-19. The facility was repurposed for COVID19 testing during that time. The Senior Center has restarted some programs with new or returning volunteers. Seniors are encouraged to participate in programs provided at local churches and neighboring communities. The current annual budget of $82,400 is focused on the maintenance and operation of the building, including utilities, cleaning, recruiting, and coordinating schedules and volunteers. A top priority is to restart the Senior Center nutritional hot lunch program through Family Services Associate (FSA).
LOMA LINDA
SENIOR CENTER
25571 Barton Road
Loma Linda, CA. 92354
(909) 799-2820
OFFICE HOURS
Mondays: CLOSED
Tuesdays: 9:00 am – 12:00 pm
Wednesdays: 9:00 am – 1:00 pm
Thursdays: 9:00 am – 3:00 pm
Monday Tuesday Wednesday Thursday Fri/Sat/Sun
Free Bus passes distributed every third Tuesday
of the month
Ballroom dance every first Saturday of the
month
Art demonstration held every first Sunday of
the month
1 FROZEN MEAL DISTRIBUTION @
CITY HALL PARKING LOT 9:00 – 10:00
BEGINNERS Ukulele CLASS 9:30 - 11:30
PAINTING CLASS 10:00 – 1:00 PM
2 CLOSED DUE TO SET UP FOR
DANCE
3/4/5
11/4 Dance @
7:00.
11/5 Art
demonstrati
on
6 CLOSED
7 Ukulele STRUMMERS 10:00 - 11:30
8 FROZEN MEAL DISTRIBUTION @ CITY HALL
PARKING LOT 9:00 – 10:00
BEGINNERS Ukulele CLASS 9:30 - 11:30
PAINTING CLASS 10:00 – 1:00 PM
9 Line dancing postponed
until further notice
10/11/12
13 CLOSED
14 BALLROOM Dancing class
9:30 – 11:30
15 FROZEN MEAL DISTRIBUTION @ CITY HALL
PARKING LOT 9:00 – 10:00
BEGINNERS Ukulele CLASS 9:30 - 11:30
PAINTING CLASS 10:00 – 1:00 PM
16 Line dancing postponed
until further notice
17/18/19
CLOSED
20 CLOSED
21 Ukulele STRUMMERS 10:00 - 11:30
BUS PASS DISTRIBUTION 11:00- 12:00
22 FROZEN MEAL DISTRIBUTION @ CITY HALL
PARKING LOT 9:00 – 10:00
BEGINNERS Ukulele CLASS 9:30 - 11:30
PAINTING CLASS 10:00 – 1:00 PM
23 24/25/26
Closed
27 CLOSED
28 BALLROOM DANCING class
9:30 – 11:30
29 FROZEN MEAL DISTRIBUTION @ CITY HALL
PARKING LOT 9:00 – 10:00
BEGINNERS Ukulele CLASS 9:30 - 11:30
PAINTING CLASS 10:00 – 1:00 PM
30 Line dancing postponed
until further notice
31/1/2
CLOSED
11/7/2023
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Demands Registers - October 24 and November 14, 2023 [Finance] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: A
To
City Council
From
Sonia Fabela, Finance Director
Attachments
CC Demands Register 10-24-23.pdf
CC Demands Register 11-14-23.pdf
Approved/Continued/Denied
by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve the attached list of demands for payment.
City of Loma Linda
Regular City Council Staff Report
Prepared By:
Approval of Minutes 10-11-2023
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: B
To
City Council
From
Lynette Arreola, City Clerk
Attachments
Regular-City-Council-10-11-2023-minutesdraft
Approval of Minutes for Regular City Council held on October 11, 2023 **The Following Document is a draft of the minutes and not the official approved minutes**
Minutes for the Regular City Council
25541 Barton Road, Loma Linda, CA, 92354
October 10, 2023, 7:01 PM - October 10, 2023, 8:32 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Bhavin Jindal, Councilmember
John Lenart, Councilmember
Rhodes Rigsby, Councilmember
1. Call to Order
1A. Call to Order - 7:01 PM
1B. Roll Call - 7:02 PM
Staff Present:
1C. Closed Session/Workshop - 7:02 PM
None.
1D. Invocation and Pledge of Allegiance - 7:02 PM
The Pledge of Allegiance and Invocation were led by Councilman Bhavin Jindal. 1E. Items to be Added or Deleted - 7:03 PM
City Manager Thaipejr noted the City Attorney requested to meet in Closed Session regarding a Housing Authority matter; the matter would be taken during the Housing Authority meeting. 1F. Oral Reports/Public Participation - Non-Agenda Items - 7:03 PM Todd and Donna Underwood spoke of lawlessness occurring on the east side of the City; graffiti; shopping carts throughout the city; the homeless population and the mental challenges some are dealing with. Mr. Underwood noted that he and his wife take the initiative and pick up trash around the City. He complimented Mr. Raul Colunga for the assistance he has provided him and his wife. He T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Sonia Fabela, Finance Director
Lorena Matarrita, Community Development Director
Nicole Campbell, Associate Planner
Dan Harker, Fire Chief
Lt. Kaysie Smith, San Bernardino Sheriff's Dept
suggested requiring the markets to monitor their shopping carts; increasing police patrol around Bryn Mawr Veterans Memorial Park; cleaning up the shrubbery around the storage facility on Barton Rd. to minimize the homeless camps; removing two vacant buildings at the cul de sac on 1st Street to eliminate squatters; and to work on the homeless population.
City Manager Thaipejr stated that the City is working with the local markets to address the issue with the market carts; that the City's Code Enforcement Officer regularly monitors and removes the homeless camps around the city, giving notice beforehand; and that the City is diligent about removing graffiti on City property. He noted that some locations of graffiti are not within the City's jurisdictions, but the City will inform the other agencies. Mayor Dupper advised the residents that if they see any illegal activity to contact the Police Department. *****
Tushar & Carol Oza complimented Associate Planner Nicole Campbell for the assistance she provided him at the City. He noted that he came into the City to report some matters of concern and that she assisted him and helped aid with one of his matters of concern, which was removing an obstruction blocking a street name sign. He was also interested in speaking with each Council member individually and wanted to know the most appropriate manner to communicate. He noted that he was having difficulty receiving callbacks to his messages. He expressed concern about the limited hours of operations and activities at the Senior Center. Being a "blue zone" city, he would like to see significantly more programs and resources for seniors; to initiate a senior committee; and to post hours of operation more visible to the public.
City Manager Thaipejr noted the City is working on expanding programs and reestablishing the hot lunch meals program. He noted there was a Senior Board when the center was built. The Board achieved and completed its goals, so the Board was dissolved. *****
Milford Harrison stated that he attended the funeral of Norm Meyer, the oldest and longest-living City Council member of Loma Loma. He was 98 years old and was a Council Member for almost 22 years.
He noted that the entire time he was a Council member, he was level-headed, faithful, and great to work with. He noted that he was the head of the Community Hospital and the originator behind the Air Ambulance program. He asked Council to adjourn the City Council meeting in his honor. 1G. Conflict of Interest Disclosure - 7:23 PM
There were no foreseen conflicts of interest.
2. Scheduled and Related Items
2A. Proclamation - The Unforgettables - 7:23 PM
Mayor Dupper read and presented the proclamation for The Unforgettables on its organization's 25th anniversary.
Tim Evans, the Founder, accepted the proclamation and thanked the City, City Council, and the Chamber of Commerce for recognizing their organization. He stated that 20 years ago, the Loma Linda Chamber of Commerce awarded the Unforgettables, Charity of the Year. He is grateful for everyone's support. He acknowledged Todd Underwood as the Co-Chair of the organization.
Councilman Lenart stated that he has known Mr. Evans for many years. He thanked him for this ministry and the amazing impact he has had on people's lives. 2B. Public Hearing - Modification to the Previously Approved Conditions of Approval for Courtyard Hotel - 7:29 PM
Minor Modification No. P23-193 to amend Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) .
Public Hearing was opened at 7:35 PM and closed at 7:35 PM Community Development Director Lorena Matarrita presented the report into evidence, stating that the applicant is requesting to pay the Development Impact Fees (DIF) before final occupancy. She explained that at one point, the City collected DIFs before final occupancy; however, the requirements changed, and the collection is now before the issuance of building permits. She noted that the applicant has consistently demonstrated financial responsibility for DIF payments, application fees, permits, and other project-related fees of the other hotel projects. Approving the Minor Modification would amend Condition No. 24 of the adopted Conditions of Approval to allow the collection of the Development Impact fees before final occupancy. She noted that based on the applicant's consistency in meeting his financial obligations with the City, staff is recommending approval.
The public hearing was opened and closed with no participation.
Mayor Dupper concurred with the strong partnership between the applicant and the City. He complimented the operations of the hotels, noting that they are all well run.
In response to Council inquiries, City Attorney Diane Robbins stated that the approval of this request to modify the due date of the DIF would not set a precedent; and Community Development Director Matarrita stated that the Development Impact Fee amounts would not change with this approval, unless the DIFs are updated before occupancy of the project.
Discussion ensued regarding hotel market analysis, Hiral Patel, applicant, noted that he conducted his market analysis. He stated that the rate of occupancy at his hotels has dropped, which may be due to other surrounding hotels; however, he anticipates the occupancy will go back up. He appreciates the partnership with the City and the financial incentives.
Motion by John Lenart, seconded by Bhavin Jindal, and passing by a vote of 5-0-0-0 To Approve Minor Modification No. P23-193, Amending Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) located at 10354 Richardson Street, and allowing the applicant to pay the Development Impact Fees prior to Final Occupancy.
2C. Public Hearing - Development Code Amendment No. P23-139 and Council Bill #O-2023-02 (Introduce on First Reading) - 7:42 PM
A request to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.
Public Hearing was opened at 7:49 PM and closed at 7:52 PM Associate Planner Nicole Campbell presented the staff report into evidence stating that the request is to amend various sections of the City's zoning code and that the proposed amendment would standardize planning processes and update outdated and conflicting language. She summarized the zoning code amendments detailed in the staff report. She noted that Bob Stewart expressed his support for the code amendment.
The public hearing was opened.
Dick Wiley expressed concern about parking issues that will result from the allowance of ADUs.
Mayor Dupper noted that the State made no leeway in terms of parking and traffic matters with the allowance of ADUs. Associate Planner Campbell pointed out that ADU regulations were not part of the current code amendment.
The public hearing was closed.
Motion by Ronald Dailey, seconded by Bhavin Jindal, and passing by a vote of 5-0-0-0 To Approve Development Code Amendment No. P23-139, TO DETERMINE that the Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA guidelines and proposals that do not result in a significant change to the environment; and TO INTRODUCE ON FIRST READING AND SET SECOND READING FOR NOVEMBER 14, 2024, COUNCIL BILL #O-2023-02, an Ordinance to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code (Development Code Amendment No. P23-139). 2D. Joint Public Hearing - Sale and Transfer of 25615 Prospect Avenue - Housing Affordability Program - 7:55 PM
Joint Public Hearing between City Council and Housing Authority pertaining to the sale and transfer of 25615 Prospect Avenue from Chowdhury Ahmed and Farjana Hoq to Juan and Christina Sanchez Public Hearing was opened at 7:57 PM and closed at 7:57 PM Mayor Dupper Called to Order the Housing Authority Meeting at 7:55 pm for the Joint Public Hearing with the City Council to discuss the sale and transfer of 25615 Prospect Ave.
City Manager Thaipejr presented the report into evidence stating that the property at 25615 Prospect Avenue is part of the Housing Affordability Program; and that the owners who purchased the property in 2014 anticipated a job transfer to another state facilitating the sale and transfer of the property to a program qualified family. He noted the City's Housing Consultant and Housing Attorney reviewed the qualifying applications and selected the most qualified buyer. The buyers agreed to the terms and conditions in the Assumption Agreement and the affordability covenants to which the property is subject. The buyers will be assuming the responsibilities outlined in the attached Agreement.
The joint public hearing was opened and closed with no public participation.
Motion by Ronald Dailey, seconded by Bhavin Jindal, and passing by a vote of 5-0-0-0 To Approve the sale and transfer of 25615 Prospect Street to Juan and Christina Sanchez per the terms and conditions outlined in the Assumption Agreement; and to Adopt Council Bill #R-2023-37, presently known as, RESOLUTION 3199 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA CONSENTING TO THE APPROVAL BY THE LOMA
LINDA HOUSING AUTHORITY OF AN AGREEMENT FOR THE DISPOSITION OF PROPERTY FOR AFFORDABLE HOUSING USE WITH JUAN SANCHEZ AND CHRISTINA SANCHEZ.
3. Consent Calendar
Motion by John Lenart, seconded by Rhodes Rigsby, and passing by a vote of 5-0-0-0 To Approve Consent Calendar items as submitted.
3A. Demands Registers - September 26 and October 10, 2023 - Approved the Demands Registers dated:
September 26, 2023, with a commercial demand totaling $1,113,970.21 and payroll demands dated September 14, 2023, totaling $412,110.43; and
3B. Approval of Minutes September 12, 2023 - 7:59 PM
Approved Minutes of September 12, 2023, as submitted.
3C. Treasurer's Report - September 2023 -
Accepted for filing the Fire Department's Activity Report for September 2023. 3D. Fire Department's Activity Report - September 2023 - September 2023 Fire Department Activity Report
Accepted for filing the Fire Department's Activity Report for September 2023. 3E. Award a Contract for Installation of Generator Electrical Wiring - 7:59 PM Awarded a contract to Mac GC-Electric of San Diego, CA, for the installation of electrical wiring for a new generator for emergency power usage at City Hall for $68,314.00, and a contingency amount of $6,800.00.
3F. Appropriate $88,200.00 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) - 7:59 PM
Supplemental Appropriation $88,200.00 from Water Utility Operations Fund Balance into Account No. 4657010-58500 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) Approved Supplemental Appropriation of $88,200.00 from Water Utility Operations Fund Balance into account no. 4657010-58500 and approved a Change Order totaling $80,100.00 for the contract for In-Line Valve Installation with a contingency allocation of $8,100.00 (CIP 22-666). 3G. Appropriate $30,000.00 and Award Contract for Security Camera Acquisition - 7:59 PM Appropriate $30,000.00 into Acct. No. 1355430-58220 and Award Contract for Security Camera Acquisition.
Approved an appropriation of $30,000.00 into Account No. 1355430-58220 and Awarded a contract to Security Lines US of Van Nuys, CA for $27,126.06 to purchase five (5) security cameras. 3H. Approve MOU with San Bernardino County Health Dept. for SB 1383 Edible Food Recovery Enforcement - 7:59 PM
Approved a Memorandum of Understanding with San Bernardino County Public Health Environmental Health Services for SB 1383 Edible Food Recovery Inspection and Enforcement. 3I. Notice of Completion - Shower Modification to Fire Station No. 1 - Accept as complete and authorize recordation of Notice of Completion of the shower stall modifications at Fire Station No. 1; Neuroth Construction, Contractor
Accepted as complete and authorized recordation of Notice of Completion for shower stall modification at Fire Station No. 1 with a final project total of $16,243.50; Contractor: Neuroth Construction, Inc. of Carlsbad, California.
3J. Notice of Completion - Traffic Signal Improvements - Accept as complete and authorize recordation of Notice of Completion for the Traffic Signal Improvements as California Street and Citrus Avenue (CIP 21-221); DBX Inc. , Contractor
Accepted as complete and authorized recordation of Notice of Completion for the Traffic Signal Improvements at California Street and Citrus Avenue with a final project total of $341,661.00; Contractor: DBX, Inc. of Temecula, California (CIP 21-221).
October 10, 2023, with a commercial demand totaling $703,878.69 and payroll demands dated September 28, 2023, totaling $415,842.22.
3K. Notice of Completion - Pavement Rehabilitation by Slurry Seal - 7:59 PM Accept as complete and authorize recordation of Notice of Completion for the Pavement Rehabilitation by Slurry Seal Method at Various Locations (CIP 21-107); Doug Martin Contracting Co., Inc., Contractor Accepted as complete and authorized recordation of Notice of Completion for the Pavement Rehabilitation by Slurry Seal Method at Various Locations project with a final project total of $113,759.60; Contractor: Doug Martin Contracting Company, Inc. of La Habra, California (CIP 21- 107).
4. Old Business
4. Council Bill #O-2023-03 (Second Reading and Roll Call Vote) - Adopt an Ordinance to update Title 17 (Zoning) of the Loma Linda Municipal Code and establish a reasonable accommodation ordinance in compliance with Federal and State Laws that will provide flexibility in the application of the Development Code standards in order to provide individuals with disabilities an equal opportunity to housing (Ref: Development Code Amendment No. P23-155) Community Development Director Matarrita stated that this was the second reading and adoption of the Ordinance. There were no changes from the first reading on September 12, 2023.
Motion by Bhavin Jindal, seconded by Ron Dailey and motion carried by a vote of 5-0-0-0 to adopt Council Bill #O-2023-03, waiving the reading in its entirety, but by Title only, presently known as ORDINANCE 777 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. P23- 155, WHICH ESTABLISHES A REASONABLE ACCOMMODATION CHAPTER IN TITLE 17 (ZONING) OF THE LOMA LINDA MUNICIPAL CODE AND INCLUDES FLEXIBILITY IN THE
APPLICATION OF THE DEVELOPMENT CODE STANDARDS IN ORDER TO PROVIDE INDIVIDUALS WITH DISABILITIES AN EQUAL OPPORTUNITY TO HOUSING.
5. New Business
5A. March 5, 2024, General Elections - 7:59 PM
City Clerk Lynette Arreola presented the report into evidence stating that the 2024 Presidential Primary Elections is Tuesday, March 5, 2024, to elect three (3) members from City Council in Districts 1, 4 and 5 for four-year terms; that the filing period for nomination papers begins Monday, November 13, 2023, to Friday, December 8, 2023, during regular business hours; and that the City Clerk's Office will be open Friday, December 8, 2023, between the hours of 8:00 a.m. - 12:00 p.m. The recommendation is to adopt Council Bills #R-2023-35 - Calling the Election; and #R-2023-36 - Regulations for Candidate Statements.
Discussion ensued pertaining to the code of conduct of candidates and ensuring compliance.
Motion by John Lenart, seconded by Rhodes Rigsby, and passing by a vote of 5-0-0-0 To Approve and To Adopt Council Bill #R-2023-35, presently known as, RESOLUTION NO. 3200 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; and To Adopt Council Bill #R-2023-36, presently known as RESOLUTION NO. 3201 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOMA LINDA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024.
6. Reports
6A. Reports of Council Members - 8:20 PM
Councilman Jindal stated that he attended the SBCTA Board meeting and discussion involved homelessness and funds being allocated for programs.
6B. Reports Of Officers - 8:24 PM
- Video presentation highlighting Loma Linda.
The video highlighting the City of Loma Linda was presented to the City Council. It was noted the video was on the City's website.
The City Council praised the video and thanked the staff members for their time and efforts working with the video company and producing a positive portrayal of Loma Linda.
At 8:32 PM, the City Council adjourned the meeting in honor and memory of former Councilmember Norman Meyer.
7. Adjournment
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Treasurer's Report - October 2023 [Finance]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: C
To
City Council
From
Sonia Fabela, Finance Director
Attachments
Treasurer's Report October 2023 for filing.pdf
Accepted for filing by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 2,400,117.46 Outstanding Checks as of month-end (771,931.30)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,628,186.16 $ BANK OF AMERICA - PAYROLL $ 14,902.09
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 202,458.91 Outstanding Checks as of month-end (21.98)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 202,436.93 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 8,595.05 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 8,595.05 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 1,854,120.23
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 3.670% $ 50,536,063.14
CITY - Former RDA Bond Proceeds 3.670% 840,996.07
CITY -Total 51,377,059.21
SUCCESSOR RDA 3.670% 186,483.25
HOUSING AUTHORITY 3.670% 1,350,278.27
INVESTMENTS TOTALS $ 52,913,820.73
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 54,769,790.96
PREVIOUS MONTH 54,770,902.71
CHANGE +/(-) $ (1,111.75)
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations.
Treasurer
CITY OF LOMA LINDA
COMPOSITION OF CASH
October 2023
INVESTMENTS
-
10,000,000.00 20,000,000.00 30,000,000.00 40,000,000.00 50,000,000.00 60,000,000.00 70,000,000.00 10/22 11/22 12/22 1/23 2/23 3/23 4/23 5/23 6/23 7/23 8/23 9/23 10/23
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 10/22-10/23
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Regular City Council Staff Report
Prepared By: Nataly Alvizar
Fire Department's Activity Report - October 2023 [Fire] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: D
To
City Council
From
Nataly Alvizar, Executive Aide
Via
Dan Harker, Fire Chief
Attachments
October 2023 Fire Department Activity Report.pdf
Accepted for filing by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council receive the report for filing. 1 of 1
SUBJECT: October 2023 Fire Department Activity Report
Operations Division:
The Fire Department’s Operations Division responded to 429 incidents in September 2023. Of the 429 incidents, 35 calls were given in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month YTD
Medical Aid (MA) 285 66.4% 2836 66.5%
Traffic Collision (TC) 9 2.1% 127 3.0%
MA + TC 294 68.5% 2963 69.5%
Hazardous Conditions 5 2.40% 23 0.70%
Hazardous Material 3 0.40% 13 0.40%
Public Assistance 18 6.90% 191 5.50%
Rescue 3 0.90% 22 0.60%
Structure Fire 2 2.10% 36 1.00%
Cooking 0 0.00% 2 0.10%
Vegetation Fire 1 0.40% 24 0.70%
Vehicle Fire 2 0.00% 4 0.10%
Refuse Fire 7 1.10% 48 1.40%
All Fires 12 3.60% 114 3.30%
Good Intent/Dispatched
& Cancelled Enroute 42 9.8% 450 10.6%
Fire Alarm Activation* 17 4.0% 141 3.3%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Award Bid to Purchase One F350 Dump Truck [Public Works] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: E
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council award the bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 vehicle for a total of $76,510.85.
BACKGROUND:
City staff constantly monitors, evaluates, and analyzes the condition, depreciation, and maintenance needs of the City fleet and equipment. This vehicle is a replacement for the Public Works Parks Division. The request is for a Ford F350, 4X2, standard cab with a dump bed.
ANALYSIS:
Staff solicited quotes from four (4) vendors, two (20 quotes were received. The quotes were $76,510.85 from Fairview Ford of San Bernardino, CA, and $79,118.13 from Fritts Ford, of Riverside, CA, (informal bid results attached). The City has checked this vendor and is satisfied with their service commitment and references. This vendor has supplied the City with vehicles in the past.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Available funding in Account No. 0014200-58210, Parks Division.
Attachments
Informal Bid - Ford Dump Truck.pdf
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Award Bid to Purchase One F350 Lift Gate Truck [Public Works] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: F
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council award the bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 vehicle for a total of $64,652.69.
BACKGROUND:
City staff constantly monitors, evaluates, and analyzes the condition, depreciation, and maintenance needs of the City fleet and equipment. This vehicle is a replacement for the Public Works Streets Division. The request is for a Ford F350, 4X2, standard cab with a stake bed and lift gate.
ANALYSIS:
Staff solicited quotes from four (4) vendors, two (20 quotes were received. The quotes were $64,652.69 from Fairview Ford of San Bernardino, CA, and $73,032.41 from Fritts Ford, of Riverside, CA, (informal bid results attached). The City has checked this vendor and is satisfied with their service commitment and references. This vendor has supplied the City with vehicles in the past.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Available funding in Account No. 0013200-58210, Street Division.
Attachments
Informal Bid - Ford Lift Gate Truck.pdf
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Award Contract for Replacement Telemetry Panel at Richardson Well #3 [Public Works] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: G
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council award a contract for $12,800.00 to Cricket Consulting of Anaheim, CA for telemetry panel replacement, and authorize a contingency allocation of $1,300.00.
BACKGROUND:
In June of 2023, the City Council awarded a contract for Richardson Well #3 repairs based on an analysis performed. The motor has been repaired and now the staff has requested a quote for the replacement of the telemetry panel from our annual PO approved provider. The Utility Superintendent has reviewed the cost and determined that it is competitive and in line with similar work.
ANALYSIS:
Staff requested costs for replacing the telemetry panel. The specialty vendor for this work provided a replacement cost that is in line with similar work. The cost to repair is $12,800.00. It is not unusual for a project to change quantities or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Therefore, the staff recommends an allocation of ±10% of the construction amount ($1,300.00) for a contingency allocation.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding is available in account no. 4647010-51300.
Attachments
Telemetry Panel 2023.pdf
Telemetry Panel Replacement R-3 2023.pdf
AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of November, 2023, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and Cricket Consulting, hereinafter called CONTRACTOR.
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Project Specifications entitled:
Richardson Well No. 3 Telemetry Panel Replacement
In accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefore, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.
ARTICLE II: For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement and the said Specifications and Drawings; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with the work; also for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Specifications and Drawings, said City will pay and said Contractor shall receive, in full compensation therefore, the price(s) named in the Bidding Schedule.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: The Notice Inviting Bids, Instructions to Bidders, proposal, Certificate of Non Discrimination by Contractors, Non-collusion Affidavits, Specifications, Drawings, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.
2 THE CITY OF LOMA LINDA, CALIFORNIA
(CITY)
BY:
__________________________________________
ATTEST:
BY: _________________________________________ SEAL
Lynette Arreola, City Clerk
_______________________________________
Contractor
BY: ___________________________________
(Signature)
_______________________________________
(Printed Name/Title)
ATTEST:
BY: ___________________________________
(Signature)
_______________________________________
(Printed Name/Title)
3 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor,
and as Surety,
are held and firmly bound unto the CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:
Richardson Well No. 3 Telemetry Panel Replacement
NOW THEREFORE, if said Contractor shall perform all the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this day of , 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
4 LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor, and
as Surety, are held firmly bound unto THE CITY OF LOMA
LINDA, a MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:
Richardson Well No. 3 Telemetry Panel Replacement
NOW THEREFORE, if said Contractor, or Subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. Surety shall indemnify the City of Loma Linda against non-payment to subcontractors resulting in litigation. This bond shall insure to the benefit of any persons, companies, or corporations entitle to file claims under applicable State law.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this day of , 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
5 WORKER’S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date:
Contractor
By:
Signature
Title
Attest:
By:
Signature
Title
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Award Contract to Charter Communications Operating LLC for the 10 Gigabyte Bandwidth Circuit [Information System]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: H
To
City Council
From
Kyle MacGavin, Information Systems Analyst III
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that City Council Award Charter Communications Operating LLC the contract to install a 10-gigabyte bandwidth circuit at $3,500 per month from the Contractual Services 51830 account allocated among City Department budgets.
BACKGROUND:
This 10-gigabyte circuit will primarily function as a fail-over line if the city’s current circuit goes down, allowing more consistent internet uptime for city staff and LLCCP. This second 10 gigabyte circuit would allow LLCCP to expand offered speeds enabling LLCCP to become more competitive in the current market. This upgrade will also increase our city internal network speeds from 100 mbps to 1000 mbps.
ANALYSIS:
In lieu of a Request for Proposal, the competitive contract pricing service CALNET was used to get the best pricing for this device amongst multiple vendors. The most competitive and flexible pricing was received from Charter Communications Operating LLC. This is a month-tomonth agreement with no cancellation fees for $3,500 or $42,000 annually.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
Funding is available from the Contractual Services 51830 account allocated among City Department budgets.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Authorize Purchase of Sewer Lift Station Package to be installed at the end of Juanita St. [Public Works] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: I
To
City Council
From
T Jarb Thaipejr, City Manager
Attachments
Sewer Lift Station - Multi W Systems Quote.pdf
Sole Source Cert - Loma Linda Project (1).pdf
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council authorize the purchase of a sewer lift station package for the end of Juanita Street to Multi W Systems, Inc. of El Monte, CA, for an amount of $166,002.48, and approve a contingency amount of $16,600.00.
BACKGROUND:
The City is in the process of installing a new sewer lift station at the end of Juanita Street. The existing system will remain in place for backup purposes. Site preparation was begun in March, an engineer was contracted for July and now the sewer lift package has been identified. The equipment research revealed a five (5) month lead time for delivery from the sole source vendor, the certificate is attached.
ANALYSIS:
The sewer lift station package vendor, Oldcastle Infrastructure, has provided a Sole Distributor certificate showing Multi W Systems, Inc., of El Monte as the sole source for the required sewer lift station package. The cost appears to be in line with similar types of equipment. It is not unusual for a construction project to experience the need to add or reduce the quantities of work items or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Therefore, Staff recommends an allocation of $16,600.00 (±10% of the contract) for such circumstances.
FINANCIAL IMPACT:
Funding is available in Account No. 4173510-58250, Sewer Capital.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Supplemental Appropriate and Extend Contract Agreement for Record Management Services [Administration] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: J
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve a supplemental appropriation of $10,000 from the General Fund fund balance into Professional Services account 0011940-51820 to complete the implementation phase of the contract and approve and extend the contract agreement with the new service provider, Vital Records Control, for software implementation and annual licensing and maintenance support services of the Laserfische records management software.
BACKGROUND:
On August 9, 2022, the City Council approved the contract with File Keepers for the first year agreement for the implementation of the Laserfische records management software which included establishing the licensed users, working with the File Keepers's team to develop and configure the City's Forms and Public Portals, testing the system, going live and the service providers transitioning to the support team.
In January 2023, a new service provider, Vital Records Control (VRC), merged with File Keepers and assumed the contract with the City. VRC has been performing records management services for 30 years. They informed the City there would be no changes to the agreement contract as a result of the company merger.
The City continues to work and progress with the Vital Records Control team to complete the implementation phase. The work began last fiscal year and carried into Fiscal Year 2023-24; however, the unspent balance of the contract for services was not reallocated in the 2023-24 Budget.
ANALYSIS:
The implementation of the records management service program is to improve the City's records management system to assist more efficiently with public records requests and document management services.
ENVIRONMENTAL IMPACT:
None
FINANCIAL IMPACT:
Supplemental appropriate of $10,000 into Professional Services account 0011940-51820 from General Fund fund balance.
Attachments
File Keeper Client Announcement Letter (1).pdf
FK Agreement.pdf
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Supplemental Appropriation for Professional Services Contract for the Council District Implementation [Administration]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: K
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve a supplemental appropriation of $42,800.00 from the General Fund fund balance into Professional Services account 0011940-51820 for the Professional Service Contract with National Demographics Corporation (NDC) for the By-District Plan Development and Implementation for electing City officials.
BACKGROUND:
The California Voting Rights Act of 2001 (CVRA) has been challenged for clarification and adjudicated several times in recent years. Advocates have targeted the “at-large” election formats of various agencies. The courts have consistently found in favor of the district format to reflect minority representation on elected boards. The City had been notified of pending litigation and encouraged to voluntarily adopt district-based format for electing City Officials.
On June 28, 2022, the City Council approved professional and legal consultant contracts to implement the establishment of district-based elections. The professional consultant contract with National Demographics Corporation (NDC) was approved by the City Council for $30,250 to perform such tasks. The billing for the consultant services by NDC was electronically sent in July 2023 but was inadvertently missed. The total amount of the invoice contract is $42,750.00.
ANALYSIS:
The funds allocated for the professional consultant contract for National Demographics Corporation in Fiscal Year 2022-2023 were unspent and reimbursed into the General Fund - Fund Balance at the end of the Fiscal Year. The consultant services contract involved basic element services, attending three in-person and two virtual public meetings, creating the project website, providing the public mapping tools, and assist in the mapping selection.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
Supplemental Appropriate of $42,800.00 into Professional Services account 0011940-51820 from the General Fund fund balance.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lorena Matarrita
Agreement with Willdan Engineering for Building and Engineering Plan Check Services [Community Development]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: L
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION
Authorize the City Manager to enter into a professional consultant services agreement with Willdan Engineering (“Willdan”) to provide staff, plan check, permitting, and building inspection services for the Building Division, and plan check services for the Engineering Division on an as-needed basis. The initial agreement will last for two years and may be extended for three, two-year periods with consent from both parties.
BACKGROUND
The City released a Request for Proposal (RFP) on August 14, 2023, seeking firms interested in providing services for building intake, plan check, permitting, and inspections, as well as engineering plan review services. Unfortunately, the initial response was limited. In response to this, the RFP was re-published on October 11 with an extended deadline to October 30. The revised RFP was posted on the American Planning Association’s RFP website and the City’s LinkedIn page, and it was also emailed to a broader list of potential candidates.
Upon the conclusion of the RFP process, the City received a total of 6 proposals. Each of these proposals was reviewed and scored, including a thorough examination of the associated fees.
ANALYSIS
The City selected Willdan Engineering (Willdan) as the most qualified firm for both the building and engineering services. Willdan currently serves as the incumbent provider for these services and is committed to maintaining the existing rates throughout the duration of this agreement. Furthermore, Willdan also offers administrative services for handling the intake and routing of Fire Plans on an as-needed basis.
The attached Agreement maintains similar provisions of the previous Agreement’s compensation structure. Like the previous Agreement, the two-year terms specify a 65/35 percent split for Building Plan Check and Inspection fees, while engineering plan check services are billed hourly at a rate of $140 per hour, as outlined in Exhibit B of Attachment A. Rates will not increase through the contract period, but if the Agreement is extended beyond December 31, 2025, Willdan may reserve the right to increase rates to the value between the 12-month percent change of the Consumer Prices Index for San Bernardino County area and five percent.
The initial agreement is set to span a duration of two years and holds the potential for extension. Specifically, it can be extended for up to three additional two-year periods, provided that both the City Manager and Willdan mutually consent to such extensions.
Attachments
Attachment A - Consultant Services Agreement with Exhibits.pdf
ENVIRONMENTAL
The proposed Agreement between the City and Willdan is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061(b)(3), the common sense exemption, which means CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
In general, the review of building plans and subdivision maps, issuance of building permits, and inspections of construction for projects that either have already undergone environmental review or are exempt from CEQA. In addition, the performance of such services and duties will not have a direct effect on the environment. The same can be stated for approving a new agreement if extended.
FINANCIAL IMPACT
Fees for external plan check are passed through directly to the applicant. The City will continue to retain 35% of the Building Plan Check and Permit fees for the duration of the contract.
ATTACHMENT
A. Consultant Services Agreement
Exhibit A: City’s Request for Proposal (does not include RFP insurance attachment) Exhibit B: Willdan’s Proposal (does not include appendices) 1 CITY OF LOMA LINDA
AGREEMENT FOR CONSULTANT SERVICES
BUILDING AND ENGINEERING PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of _November 14, 2023, between the City of Loma Linda, a municipal corporation ("City") and Willdan Engineering, a California corporation, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on November 14, 2023 and shall remain and continue in effect until November 13, 2025, unless otherwise terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the Agreement for three additional two-year periods upon their mutual written consent.
2. SERVICES
Consultant shall act as the plan reviewer and perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to 2 by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (30) days prior written notice. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
3 (a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and 4 representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal.
Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. 5 (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
6 (4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed. (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.
(2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. (3) Workers’ Compensation
7 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
8 (h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, 9 including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Loma Linda in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Loma Linda will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
10 (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: T. Jarb Thaipejr, City Manager
City of Loma Linda
25541 Barton Rd.
Loma Linda, CA 92354
To Consultant: Patrick Johnson, PE, CBO
Willdan Engineering
650 E. Hospitality Ln, Suite 400
San Bernardino, CA 92408
11 17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Loma Linda business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Loma Linda.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSAL
Consultant is bound by the contents of City’s Request for Proposal, Exhibit A hereto, and the contents of the proposal submitted by Consultant, Exhibit B hereto. In the event of conflict, the terms and requirements of the City’s Request for Proposal and this Agreement shall take precedence over those contained in the Consultant’s proposals.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement. 12 23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or the Loma Linda Municipal Code, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
13 CONSULTANT: Willdan Engineering CITY: City of Loma Linda By: By:
Signature Signature
Name: Patrick Johnson Name: T. Jarb Thaipejr
Typed/Printed Typed/Printed
Title: Director of Building and Safety Title: City Manager ATTEST:
Lynette Arreola, City Clerk
APPROVED AS TO FORM:
Diane Robbins, City Attorney
CITY OF LOMA LINDA
REQUEST FOR PROPOSALS
TO PROVIDE
PLAN CHECK SERVICES
FOR THE BUILDING AND ENGINEERING DEPARTMENTS
PROPOSAL SUBMISSION DATE EXTENDED:
OCTOBER 30, 2023, 9:00AM
INTRODUCTION
The City of Loma Linda (City) is seeking proposals from qualified and experienced professional firms (Consultant) to provide independent plan check, permitting, and building inspection services for the Building Department, as well as plan check services for the Engineering Department on an as-needed basis. The contract shall have an original term of two (2) years and may be extended for three (3) twoyear periods with consent of both the Consultant and the City.
CURRENT SERVICES
Currently, the Building Inspector’s counter hours are from 8:00am to 10:00am, Monday through Thursday. The remainder of the work day is dedicated to site inspections. On Friday, the Building Inspector is in the office from 8:00am to 10:00am, but the office is closed to the public. The remainder of the work day is dedicated to site inspections. There are typically 5 to 10 inspections per day.
Approximately 600 to 700 building permits are issued every year.
Compensation for the Consultant is structured as follows: The Consultant receives 65% of the building plan check and inspection fees that are collected by the Building Department. Compensation for engineering services and civil plan review is determined on an hourly rate for time and materials.
EXHIBIT A
RFP for Plan Check Services
GENERAL SCOPE OF SERVICES
In general, the firm will need to provide the following:
1. Provide one in-house contract staff for the Building Department to be compensated by no more than 65% of the building plan check and inspection fees. Requested services could include:
a. Intake and routing of all plans that require plan check b. Issue permits using the City’s permitting software system c. Plan check review at the front-counter of minor projects such as pool permits or sign permits d. Provide project reports outlining findings, corrections, and/or recommendations e. Collaborating with city staff and applicants to address any issues and ensure compliance f. Conduct on-site inspections for both residential and non-residential projects
2. Plan check services (civil plan review) for the Engineering Department on an as-needed basis to be compensated at an hourly rate for time and materials. Projects would be of moderate to complex in nature and could include services for:
a. Tract Maps, Parcel Maps, Final Maps/plats and all items necessary for a recordable document b. Exhibits required for lot line adjustments
c. Benchmark and monument preservation and/or establishment d. Grading and/or off-site improvement plans
e. All items necessary for a final bid set
3. Access to a certified Building Official to be available on an as-needed basis to answer questions, inspect properties, and provide information on items requiring a high level of building and safety expertise.
The final scope of services will be based on the Consultant’s approach to the request and will be negotiated with the firm selected and will be included in the services agreement. If the Consultant has an issue with a particular work item, a reason for the concern shall be stated in the proposal and an alternate scope of work item shall be provided. Consultants can submit a proposal for one service; both are not required.
PROPOSAL REQUIREMENTS
Response to this Request for Proposal (RFP) must include the following:
1. A statement about the firm that describes its experience as well as its competencies in the area of plan checking and inspections.
2. Identification of the lead professional and of each professional who will perform the day-to-day work including resumes of all professionals who will be involved in the work. If the proposal involves a joint venture or subcontractors, identify the firm(s) and describe related experience working on a multi-firm team.
3. A statement regarding the anticipated approach for this request, and a scope of work outlining and describing the main tasks and work products.
4. Information about the availability of all professionals who will be involved.
5. Cost proposal containing the hourly rates and any minimum charges for each person who will be involved in the work. Any agreed option will included a negotiated cost proposal.
RFP for Plan Check Services
6. Other material may be attached as deemed appropriate by the applicant that most closely fit the scope of work. A proposal may include any or all of the scope of work services.
7. Submit one hard copy and one electronic copy ([email protected] or on thumbdrive) of the proposal to the City at the following address:
Lorena Matarrita
Community Development Director
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
Please submit your proposal no later than October 30, 2023, 9:00am.
SELECTION PROCESS
The City will evaluate the proposals as they are received and will exercise its discretion in selecting a firm. The City reserves the right to award a contract to the firm that has the experience, qualifications, and capabilities considered to best serve the interest of the City. A Consultant will be selected based on the criteria listed in the RFP, as well as the estimated cost of work. If successful, the Consultant will enter into a contract to be awarded by the City of Loma Linda, covering the scope of services, budget and schedule. City Council will approve the final contract. The start date for the Agreement period will take place immediately after Council approves the contract.
CALIFORNIA PUBLIC RECORDS ACT
It is the Consultant’s responsibility to identify information in their proposals that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in strict confidence. All other information will be public.
GENERAL
This Request for Proposal does not commit the City to award a contract or to pay any costs incurred in the preparation of a response to this request. This RFP is not a contract or commitment of any kind. The proposal submitted in response to this RFP will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or to reject, in part or in its entirety, the qualifications submittal if such action is deemed to be in the best interest of the City.
INSURANCE
A copy of the required insurance is attached. Evidence of insurance must be received prior to agreement implementation.
PROPOSAL INQUIRIES
Contact Lorena Matarrita, Community Development Director via email at [email protected] or call 909-799-2839.
ATTACHMENT
A. Insurance Information
EXHIBIT B
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Council Bill #R-2023-38 - Adopt a Resolution Accepting Revenue and Approving the Appropriation for TDA Article 3 Grant [Public Works]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: M
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
Resolution No. _________________
RECOMMENDATION:
It is recommended that the City Council adopt Council Bill #R 2023-38 accepting revenue of $50,122 into Revenue Account No. 1370000-49362 and approve an appropriation of $50,122 into expenditure Account No. 1375360-58500.
BACKGROUND:
We have been notified by the San Bernardino County Transportation Authority that our Transportation Development Act (TDA) Article 3, Transit Stop Access Program Accessibility Improvement grant has been accepted and approved. The project includes 11 bus stops and shelters at various locations in the City.
ANALYSIS:
OmniTrans helped to identify transit stops within the City that qualify for this grant funding. OmniTrans staff has greatly assisted in pursuing and securing the grant funding for this project. City staff will prepare documentation and other items required to receive reimbursement for this project.
FINANCIAL IMPACT:
Accept $50,122 into Revenue Account No. 1370000-49362, appropriate $50,122 into Expenditure Account No. 1375360- 58500, Measure I MSART Fund.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Authorization to apply for 2024 Urban Areas Security Initiative (UASI) grant [Fire] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: N
To
City Council
From
Tom Ingalls, Fire Marshal
Via
Dan Harker, Fire Chief
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council authorize the Fire Department to apply for and appropriate the revenue from the 2024 Urban Areas Security Initiative (UASI) Program grant, and authorize the City Manager to execute the related grant documents to accept additional grant funding should it become available.
BACKGROUND:
On an annual basis, the UASI group opens a competitive grant application process for eligible jurisdictions within the identified UASI area. UASI distributes grant funding to jurisdictions that have been approved and meet the Homeland Security and Terrorism criteria outlined by the grant application process. The anticipated amount will approximately be $50,000-$100,00 to support the below projects.
ANALYSIS:
UASI funds will support the production of a Continuity of Operations Plan, Continuity of Government Plan, Recovery Plan, and Emergency Operations Center training and exercises. These plans and training will help the City plan, and better respond to possible threats associated with Homeland Security and Terrorism related incidents within our City and surrounding jurisdictions.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
The grant proceeds will decrease the financial impact on the City by not requiring funding from the General Fund to purchase the above plans and EOC training exercises. The grant revenue will be appropriated to account 0010000-49334.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Accept Street Right-of-Way Easement at the west side of California Street and north of Mission Road [Public Works]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: O
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council accept the easement offered by Richard and Terri Kunihira Living Trust for Street and Utility Purposes on California Street and authorize the City Manager to sign the Certificate of Acceptance document for recordation.
BACKGROUND:
The City has prepared plans for street widening along the west side of California Street from Mission Road north approximately 500' to match the existing improvements. The staff has contacted the property owner to dedicate the rightof-way.
ANALYSIS:
The City has contracted with a consulting engineer to prepare documents adequate for the establishment of the required street easement. Staff has reviewed and recommended approval and acceptance of the documents for recording with the County. The City Clerk will record the approved document and provide recorded copies to the interested parties.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
N/A
Attachments
Kunihira 2023.pdf
Cert of Acceptance - Kunihira Easement Deed.pdf
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Easement Deed dated November 3, 2023, from RICHARD KUNIHIRA by the within the instrument, to the CITY OF LOMA LINDA, State of California, a municipal corporation, is hereby accepted the undersigned officer on behalf of the City pursuant to authority conferred by order of the City Council made on Tuesday, November 14, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.
Dated: November 15, 2023
CITY OF LOMA LINDA, a Municipal Corporation
T. Jarb Thaipejr, City Manager
ATTEST:
Lynette Arreola, City Clerk
(Seal)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL DOCUMENT TO:
NAME
STREET
ADDRESS
CITY, STATE &
ZIP CODE
SPACE ABOVE FOR RECORDER'S USE ONLY
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Surplus Items for Disposal [Public Works]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: P
To
City Council
From
T Jarb Thaipejr, City Manager
Attachments
Surplus Vehicle List Nov 2023.pdf
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council declare the attached list of vehicles, equipment and miscellaneous items surplus and authorize the items be appropriately disposed and the remaining items auctioned off as surplus.
BACKGROUND:
The attached list of vehicles, equipment and miscellaneous items are no longer used in the normal operations of the City.
These items have become a maintenance liability rather than an asset due to the limited useful life and present worth of each item.
ANALYSIS:
Staff has researched and will have the items auctioned through an auction company FINANCIAL IMPACT:
Income from auctioned items not determined at this time.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Notice of Completion - Anderson Way Storm Drain Modification [Public Works] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: Q
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council accept this project as substantially complete and authorize the City Clerk to file the Notice of Completion.
BACKGROUND:
On August 8, 2023, the City Council awarded the contract to TK Construction of San Bernardino in the amount of $10,000 for the modification of the Anderson Way storm drain system. The contractor performed in a responsive, professional, and effective manner. The final project cost was $10,000.
Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
A supplemental appropriation was approved by the City Council on August 8, 2023, in the amount of $15,000, into 3095350-58240.
Attachments
NOC Anderson Way Storm Drain 10-20-23.pdf
LYNETTE ARREOLA
RECORDING REQUESTED BY:
AND
WHEN RECORDED MAIL TO:
LYNETTE ARREOLA
CITY CLERK
CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# - 0284-391-08 SPACE ABOVE THIS LINE FOR RECORDER’S USE EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described:
2. The FULL NAME of the OWNER is City of Loma Linda
3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike “in fee” and insert, for example “purchaser under contract of purchase” or “lessee.”)
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED October 20, 2023
8. The work of improvement completed is described as follows: Modification of Storm Drain on Anderson Way
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is TK Construction, P.O. Box 9608, San Bernardino, CA 92427
10. The street address of said property is APN 0284-391-08 on Anderson Way
11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:
Modification of Storm Drain Improvements on Anderson Way Signature of Owner or Agent Owner Date:
Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner : I, the
undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.
Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Clerk of the aforesaid interest or “PRESIDENT, PARTNER, MANAGER, AGENT, ETC.” in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place (Signature of person signing on behalf of owner) I:\Public Works Admin\Staff Reports\Notice of Completion\NOC Anderson Way Storm Drain 10-20-23.doc City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Supplemental Appropriation and Notice of Completion for the ADA Ramps and Sidewalks at Various Locations (CIP 23-114) [Public Works]
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: R
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve a Supplemental Appropriation, in the amount of $27,800, from CDBG Grant, as well as a Supplemental Appropriation, in the amount of $47,000, from Measure I fund balance. It is also recommended that the Council accept this project as substantially complete and authorize the City Clerk to file the Notice of Completion.
BACKGROUND:
On July 11, 2023, City Council awarded the contract to Universal Construction and Engineering, of Palm Desert, CA, for ADA Ramp and sidewalk installations for $294,915 with an approved contingency of $15,000. The contractor completed the work satisfactorily. The final project cost was $364,690. The additional cost to the project was the result of unanticipated, preexisting, field conditions that required an increase in quantities of concrete.
Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Additional CDBG Grant funding was awarded after the Fiscal Year 2023/24 Budget was adopted. A Supplemental Appropriation, in the amount of $27,800, into 1325400-58500 (CDBG Infrastructure), and a Supplemental Appropriation of Attachments
NOC ADA Ramps and Sidewalks 2023.pdf
$47,000, into 1265340-58500 (Measure I Infrastructure), is required to cover the unanticipated increase in quantities of concrete to complete the project.
RECORDING REQUESTED BY:
LYNETTE ARREOLA
AND
WHEN RECORDED MAIL TO:
LYNETTE ARREOLA
CITY CLERK
CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# N/A SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described:
2. The FULL NAME of the OWNER is City of Loma Linda
3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike “in fee” and insert, for example “purchaser under contract of purchase” or “lessee.”)
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED August 17, 2020
8. The work of improvement completed is described as follows: Installation of ADA Access Ramps and sidewalks at Various Locations (CIP 23-114)
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Universal Construction and Engineering, 77725 Enfield Land, Ste. 210, Palm Desert, CA 92211
10. The street address of said property is various city locations
11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:
Installation of ADA Access Ramps and sidewalks at Various Locations (CIP 23-114) Signature of Owner or Agent Owner Date:
Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner : I, the
undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.
Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Clerk of the aforesaid interest or “PRESIDENT, PARTNER, MANAGER, AGENT, ETC.”
in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place (Signature of person signing on behalf of owner) I:\Public Works Admin\Staff Reports\Notice of Completion\NOC ADA Ramps and Sidewalks 2023.doc City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Adopt Council Bill #O-2023-02 of a Comprehensive Code Update to Title 17, Zoning (Second Reading and Roll Call Vote) [Administration]
Amending Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Old Business Item: A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
Ordinance # ______________
RECOMMENDATION:
It is recommended that the City Council waive the reading of Council Bill #O-2023-02 in its entirety, direct the City Clerk to read by title only, and adopt the Ordinance by vote.
BACKGROUND:
The Planning Division periodically proposes updates to the Development Code to bring regulations into alignment with current standards and best practices. Title 17 (Zoning) was evaluated and revised to standardize administrative processes, expand intended land uses, and provide updated standards. The revisions involved the following Title 17 Zoning Sections:
17.02 - Introduction and Definitions; 17.14 - Fences Walls, Hedges, and Dish Antennas; 17.24 Parking Regulations; 17.30 - Administration; 17.32.030 - Residential Zones, Development Standards; 17.40.020 - Commercial and Industrial Zones, Land Use Regulations and allowable uses; 17.44.020 - Special Purpose Zones and Specific Plan, Land Use Regulations and Allowable Uses; and 17.95 Wireless Communication Facilities. The details of the amendments are attached (Attachment B).
At the October 10, 2023, City Council meeting, the City Council conducted a public hearing of the comprehensive Municipal Code update to Title 17 (Zoning). Planning Staff discussed in detail the revisions being proposed. The Ordinance for the Development Code Amendment No. P23-139 was introduced on first reading on October 10, 2023, and was set for the second reading on November 14, 2023, for adoption.
ENVIRONMENTAL IMPACT:
The Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant to Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in physical change in the environment. This proposal meets both of these criteria and therefore is exempt from the requirements of CEQA. A Notice of Exemption will be filed upon adopting the Development Code Amendment.
FINANCIAL IMPACT:
Taking action on this application will not impact the City's General Fund.
Attachments
Attachment A - Council Bill No O-2023-02 - DCA 23-139.pdf Attachment B - Amendments Complete.pdf
ATTACHMENT A Council Bill #O-2023-02
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA
LINDA, APPROVING DEVELOPMENT CODE AMENDMENT NO. P23-
139, WHICH AMENDS TITLE 17 (ZONING) OF THE LOMA LINDA
MUNICIPAL CODE BY STANDARDIZING ADMINISTRATIVE
PROCESSES, EXPANDING PERMITTED LAND USES, MODIFYING
FENCE REGULATIONS, AND CORRECTING CERTAIN
INCONSISTENCIES AND OUTDATED LANGUAGE THROUGHOUT
THE DEVELOPMENT CODE.
WHEREAS, the City of Loma Linda wishes to serve the public health, safety, and general welfare and preserve the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, the City of Loma Linda proposes to amend the Title 17 (Zoning) of the Loma Linda Municipal Code as set forth in Exhibit A; and,
WHEREAS, on September 6, 2023, the Planning Commission held a duly noticed public hearing on the proposed development code amendment and Ordinance, at which an oral and written presentation was made and comments received, and the Planning Commission made a recommendation to City Council to adopt the ordinance; and, WHEREAS, on October 10, 2023, the City Council conducted the first reading of the development code amendment and the second reading on November 14, 2023 where they adopted the Ordinance, approving Development Code Amendment No. P23-139; and, WHEREAS, the Planning Commission and City Council reviewed the proposed amendments and finds that Development Code Amendment No. P23-139 is consistent with the Loma Linda General Plan, is not detrimental to the public health, safety, and general welfare, and is in conformity with good land use practice.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this ordinance are true and correct.
Section 2. Environmental Exemption. The Planning Commission recommends that the City Council determines that Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15061(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in a significant change to the environment.
Section 2. Approval. Planning Commission and City Council made a motion to adopt the ordinance approving Development Code Amendment No. P23-139, which amends Title 17 (Zoning) of the Loma Linda Municipal Code as indicated in “Exhibit A” and as referenced herein.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this
ATTACHMENT A
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted within fifteen (15) days from its passage pursuant to Government Code section 36933.
Section 6. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.
This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 10th day of October 2023 and was adopted on the 14th day of November 2023 by the following vote to wit:
Ayes:
Noes:
Absent:
Abstain:
Phillip Dupper, Mayor
Attest:
Lynette Arreola, City Clerk
1 Exhibit A
Development Code Amendment No. P23-139
Modifications to Title 17 (Zoning)
Municipal Code Title 17 ZONING
Chapter 17.30 ADMINISTRATION
IN LIGHT OF THE SIGNIFICANT NUMBER OF AMENDMENTS TO THIS CHAPTER, STAFF HAS CHOSEN TO PRESENT THE CHAPTER IN ITS ENTIRETY. RETAINED WITHIN THE
SECTIONS WHERE MODIFICATIONS WERE EITHER AVOIDED OR MINIMAL, ARE THE FORMER ORDINANCE NUMBERS AND THEIR RESPECTIVE ADOPTION DATES. WHILE
CERTAIN SECTIONS WERE REMOVED, MUCH OF THE ORIGINAL CONTENT HAS BEEN
THOUGHTFULLY INCORPORATED INTO OTHER RELEVANT SECTIONS FOR CONSISTENCY AND CONSOLIDATION PURPOSES.
17.30.010 Purpose.
It is the purpose of this chapter to provide for the efficient and uniform processing of zoning devices (variances, conditional use permits, precise plans of design, or other matters necessitating administrative or public hearings).It is understood and declared that it is impossible to establish absolute restrictions and regulations upon all subjects mentioned in this title, and therefore from time to time it will be necessary to allow for due process of applications for change or relief and appropriate legislative action thereon. (Ord. 98 § 20.01, 1974)
17.30.020 City Council Amendments Authorized.
The city council in accordance with state law as mentioned throughout this title may amend, supplement, or change the regulations and districts herein or subsequently established. Such action may be instigated by petition of property owners providing the request is clearly set forth and all relevant facts presented in a form and at a processing fee as established by the city council. (Ord. 98 § 20.02, 1974)
17.30.030 Variance—Authorized when.
When practical difficulties arise, unnecessary hardships are imposed, or results inconsistent with the intent and purpose of this title occur by reason of the strict and literal interpretation of language in its provisions, a variance may be granted as set forth in this chapter. (Ord. 98 §
20.03, 1974)
17.30.040 Variance—Application.
An application for a variance from zoning regulations shall be filed by the owner or authorized agent upon forms approved by the planning department together with the payment of 2 a variance review fee in an amount to be established by resolution of the city council. (Ord. 230 § 4, 1980; Ord. 98 § 20.03.01, 1974)
17.30.050 Variance—Hearing—Notice.
The planning department shall set the matter for public hearing within thirty days of receipt of the application in proper form. All property owners indicated on the applicant’s list shall be notified by mailing of notice at least five days prior to the hearing, postage prepaid. The applicant shall bear responsibility for accuracy of the property owners list. The notice shall set forth the time, place, and subject matter of the public hearing as well as a general description of the property involved. (Ord. 98 § 20.03.02, 1974)
17.30.060 Variance—Conditions for granting—Planning commission action.
A. The planning commission on the date set shall hold a public hearing on the application and establish that the applicant has shown a reasonable existence of grounds for consideration of the matter. Before any variance may be granted the city council on appeal, it shall be shown:
1. That there are exceptional and extraordinary circumstances of conditions applicable to the property involved;
2. That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;
4. The granting of such variances will be consistent with the general plan for the city;
5. That a public hearing was held wherein the applicant is heard and in which he or she substantiates all of the conditions cited in this subsection;
6. That the planning commission, in reviewing such requests and hearing the evidence, finds that the conditions of subsections (A)(1) through (5) of this subsection have been met.
B. The planning commission may approve, conditionally approve, or deny any variance request by written notice to be mailed to the applicant and any other person requesting such report no later than five days following the rendering of a decision. (Ord. 485 § 4, 1992; Ord. 98 § 20.03.03, 1974)
3 17.30.070 Minor deviation—Granting authority.
Subject to the provisions of this chapter, the planning director or any official authorized by the city manager may grant or deny minor deviations. (Ord. 98 § 20.04, 1974)
17.30.080 Minor deviation—Defined.
For the purpose of Sections 17.30.070 through 17.30.120, “minor deviation” means variances from yard, setback, or open space requirements of not to exceed fifteen percent; variances from required lot area, sign area, or dimension requirements of not to exceed ten percent; and variances from height requirements of not to exceed twenty percent. (Ord. 98 §
20.04.01, 1974)
17.30.090 Minor deviation—Chapter applicability.
Upon the filing with the planning director of an application for a variance which could constitute only a minor deviation, the provisions of this chapter shall apply in lieu of any contrary provisions of other portions of this title. Otherwise, the provisions of Sections 17.30.070 through
17.30.120 shall apply. (Ord. 98 § 20.04.02, 1974)
17.30.100 Minor deviation—Granting or denial.
The planning director shall set each application for hearing at such time and place as the director shall designate and shall give written notice thereof at least ten days before said hearing by United States mail, postage prepaid to the applicant and to the owners of all property abutting or cornering on the subject property or separated therefrom only by a street or alley, at the address of such owners as shown on the latest available assessment roll. The planning director shall conduct a public hearing upon the application at said time and place, or at such time as the hearing may be adjourned to, at which time the director shall hear the applicant and any protests. If the facts are found to exist as in Section 17.30.080 he or she shall grant the same in writing stating the reasons therefor subject to such conditions as may be necessary to protect the public peace, health, safety, morals, or general welfare and shall thereupon transmit copies thereof to the members of the city council and to the applicant. If the director does not find such facts to exist, he or she shall deny the application in writing and transmit a copy of such denial to the applicant. (Ord. 98 § 20.04.03, 1974)
17.30.110 Minor deviation—Appeal of director’s decision.
The decision of the planning director shall be final and effective ten days after the date of transmitting copies of his or her written determination as provided in Section 17.30.100 unless, during such time, an appeal in writing is filed with the planning commission, or unless a motion of appeal is adopted by the planning commission. Such appeal shall suspend and set aside the decision of the planning director, and the planning commission may act upon said appeal. (Ord. 485 § 4, 1992; Ord. 98 § 20.04.04, 1974)
4 17.30.120 Minor deviation—Application without variance formalities.
The city council shall establish a procedure for processing deviations from zoning regulations that are deemed to be of a minor nonimpacting nature and in such instances shall permit application and processing of such minor deviation to occur without the formalities required for a variance from zoning regulations, and the city council shall establish by resolution a minor deviation processing fee. (Ord. 230 § 5, 1980; Ord. 98 § 20.04.05, 1974)
17.30.125 Minor use permits.
A. Purpose and Process.
1. Purpose. The purpose of a minor use permit is to provide sufficient flexibility in the use regulations to further the objective of this Development Code.
2. Process for Reviewing Uses. A minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a specific site and surroundings cannot be determined before being proposed for the specific site.
3. Special Consideration. Certain types of land uses require special consideration in a particular zone or in the city as a whole because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable.
B. Applicability. A minor use permit is required to authorize proposed land uses identified in Chapter 17.32 (Residential Zones) through Chapter 17.48 (Combining Overlay Zones), inclusive, as being allowable in the applicable zone subject to the approval of a minor use permit.
C. Review Authority.
1. Action by Director. Minor use permits shall be approved or denied by the director of community development.
2. Director May Refer to Commission. The director may choose to refer any minor use permit application to the planning commission for review and final decision.
D. Application Requirements. A signed application and payment of such fee as shall be established by resolution of the city council shall be submitted to the planning department accompanied by copies of the site development and elevation as required by the planning department. The application shall include:
1. A site plan prepared to scale showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on the plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and 5 egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included;
2. A legal description of the property involved;
3. Reference to specific provisions of this title which are applicable to the minor use permit sought;
4. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
5. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
6. Any additional information required by the planning department to evaluate the application.
E. Project Review, Notice, and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title. Before a decision on a minor use permit, the city shall provide notice as follows.
1. Notice.
a. The notice shall state that the director will decide whether to approve or deny the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person at least five days before the specified date for the decision.
b. The written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings identified in subsection F (Findings and Decision). c. If the director determines that the evidence has merit and can be properly addressed by a condition(s) added to the minor use permit approval, the director may consider the permit in compliance with subsection (E)(3) (If No Hearing Is Requested).
2. If Hearing Is Requested. If a public hearing is requested, and the provisions of subsection (E)(1)(c), do not apply, the director shall schedule the hearing that shall be noticed and conducted in compliance with Sections 17.30.180 and 17.30.200.
3. If No Hearing Is Requested. If no public hearing is requested, the director shall render a decision on the date specified in the notice referred to in subsection (E)(1)(a).
4. Appeals. The director’s decision is appealable to the planning commission.
F. Findings and Decision.
6 1. Review Authority’s Action. An application for a minor use permit may be approved subject to conditions, or denied by the review authority.
2. Required Findings. The review authority may approve a minor use permit only if it first makes all the following findings:
a. The proposed use is consistent with the general plan and any applicable specific plan; b. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and the municipal code; c. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; d. The site is physically suitable in terms of:
i. Its design, location, shape, size, and operating characteristics of the proposed use; ii. The provision of public and emergency vehicle (e.g., fire and medical) access; iii. Public protection services (e.g., fire protection, police protection, etc.); and iv. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). e. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. f. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the conditional use permit or minor use permit.
G. Conditions of Approval. In approving a minor use permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection (F)(2) (Required Findings).
H. Use of Property before Final Action. No permits or approvals shall be issued for any use involved in an application for a minor use permit until and unless the same shall have become final.
I. Modification of Permit. An approved minor use permit may be modified in compliance with Section 17.30.470 (Modification).
J. Periodic Review. The city may conduct a periodic review of the permit to ensure proper compliance with this title and any developmental or operational conditions imposed by the review authority.
7 K. Permit to Run with the Land. A minor use permit approved in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this section. (Ord. 739 § 2, 2017)
17.30.130 Conditional use permits—Approval conditions generally.
Uses permitted subject to conditional use permit are those uses necessary for the development of the community, but which uses must be located, planned, and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole. In considering conditional use permit, the planning commission shall determine whether the use is suitable in the area and if a grant is made, shall require the safeguards necessary to protect the health, safety, morals, and general welfare. In approving such uses, the planning commission shall set forth the manner in which the use is to be conducted, approve the design or plan of the structures, including their location and the yards around them, and consider the adequacy and facilities to serve them. (Ord. 485 § 4, 1992; Ord. 98 § 20.05, 1974)
17.30.140 Conditional use permit—Specific uses designated.
The following uses may be permitted pursuant to the provisions of this title in any zone except where expressly prohibited, when such uses are determined by the council to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives:
A. Conditional uses permitted in any zone:
1. Cemeteries, columbariums, mausoleums and mortuaries;
2. Places of religious assembly;
3. Educational uses, public or private, including nursery schools and day nurseries having more than six children;
4. Golf courses (excepting driving ranges, miniature courses and similar uses);
5. Governmental enterprises, federal, state and local, where buildings are publicly owned;
6. Planned residential developments;
7. Public utility structures and service facilities such as reservoirs, pumping plants, electrical substations, filtration plants, communication substations, microwave stations, and towers;
8. Historical or landmark structures within which a commercial activity is sought to be conducted. The determination that a structure is historical or a landmark, and that its 8 preservation should be encouraged, as well as limitations upon the type and size of the commercial activity proposed therein shall be within the complete discretion of the city council;
9. Such similar uses as the city council may deem to be similar and equally essential to the public welfare;
10. Retail landscape nurseries having a minimum two-acre site and other similar agricultural uses as determined by the director of planning complying with other conditions as may be deemed appropriate;
11. Pet vaccination clinics.
B. Conditional uses in specified zones:
1. Airport and heliport in I-HC, OS or PF zones or any less restrictive commercial or industrial zone;
2. Automobile service stations in C-1 or any less restrictive commercial or industrial zone;
3. Building height in excess of thirty-five feet in the CO Zone;
4. Civic and community clubs in R-2 or any less restrictive residential or commercial zone;
5. Development of natural resources (excluding drilling for or producing oil, gas, or other hydrocarbon substances or the production of rock and gravel) together with the necessary buildings, apparatus or appurtenances incident thereto in any industrial zone;
6. Drive-In Businesses. The term “drive-in businesses” shall mean uses directed primarily to the occupants of a motor vehicle where the business or service may be conducted with the occupants without the occupants alighting from the motor vehicle or where the occupants alight from the motor vehicle for quick service at or within a structure. Uses which are a part of a shopping center or a multiple-use building shall not be considered a drive-in business unless the business or service may be conducted without the occupants alighting from the motor vehicle. In the event of any question as to whether or not a particular use is a drive-in business, upon request of any party in interest, the city council shall, prior to the filing of a conditional use permit application, make a determination as defined in this subdivision;
7. Social care facilities including hospitals, medical clinics and convalescent care facilities or residential care facilities in R-3, R-4, C-1, C-2, CO, BP, CM, PF or I-HC zones;
8. Mobile home park in the R-1, R-2, R-3, R-4 or C-1 zones;
9. Trailer coaches for temporary office or business purposes in R-3 or any less restrictive commercial or industrial zone;
10. Freestanding service station identification signs in C-1 zoning districts; 9 11. Any such similar uses as the planning commission may deem to be similar and equally essential to the public welfare;
12. Residential developments which do not front upon a dedicated street;
13. The moving and relocation of buildings in all zones and the sitting of mobile homes on individual lots in single-family residential zones;
14. Freestanding signs within one hundred feet of the Interstate 10 freeway in the C-1, C-2, and CM and BP zones, subject to the following criteria:
a. The sign is located on the same property as the use advertised, and b. The parcel must have a minimum of two hundred lineal feet of freeway frontage, or c. Be located on a freeway frontage parcel consisting of no less than three acres, or d. Have principal structures consisting of a collective total of not less than fifty thousand square feet;
15. Enclosed storage structures in the R-3 zone located on interior side yard and/or rear yard property lines;
16. Small collection facilities for recycling materials in the C-1, C-2, and CM zones;
17. Large collection facilities for recycling materials in the C-2 and CM zones. (Ord. 764 § 2, 2021; Ord. 485 § 4, 1992; Ord. 385 § 1, 1987; Ord. 384 § 4, 1987; Ord. 376 § 1, 1987; Ord. 355 § 1, 1986: Ord. 309 § 1, 1983; Ord. 302 § 1, 1983; Ord. 296 § 1, 1982; Ord. 293 § 1, 1982; Ord. 258 § 1, 1981; Ord. 216 § 2, 1979; Ord. 129 § 1, 1976; Ord. 98 § 20.05.01, 1974)
17.30.150 Conditional use permit—Application—General criteria.
A. Applicant must be the property owner or an authorized agent of the owner.
B. Responsibility for the posting of bonds fulfilling of city requirements for both on and offsite improvements rests with the applicant. (Ord. 98 § 20.05.02(a), 1974)
17.30.160 Conditional use permit—Application—Contents.
Application for a conditional use permit shall include the following:
A. A signed application and payment of such fee as shall be established by resolution of the city council shall be submitted to the planning department accompanied by copies of the site development and elevation as required by the planning department; 10 B. The site plan shall be prepared to scale showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included; C. A legal description of the property involved;
D. Reference to specific provisions of this title which are applicable to the conditional use permit sought;
E. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll; F. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits;
G. Any additional information required by the planning department to evaluate the application. (Ord. 230 § 2, 1980; Ord. 98 § 20.05.02(b), 1974)
17.30.170 Conditional use permit—Application—Required dedications, easements and improvements.
Required dedications, easements and improvements for a conditional use permit application shall be as follows:
A. Dedications and/or easements for streets, alleys, drainage, public utilities, bridle trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties;
B. Improvements:
1. Grading on/off site drainage and drainage structures,
2. Curbs and gutters,
3. Sidewalks,
4. Street pavement,
5. Adequate domestic water service,
6. Sanitary sewer facilities and connections,
7. Services from public utilities where provided,
11 8. Street trees,
9. Street lights and street name signs,
10. All water lines are to be laid and fire hydrants installed subject to city specifications,
11. In addition to the aforesaid minimum improvements, the planning commission shall require such additional improvements and facilities as determined necessary for the proper development of the site and area. (Ord. 485 § 4, 1992; Ord. 98 § 20.05.02(c), 1974)
17.30.180 Conditional use permit—Hearing—Date setting.
Upon receipt of an application, the planning official shall set a date for a public hearing before the planning commission. The date of the hearing shall be not less than ten days nor more than forty days after the date of receipt of such application. (Ord. 485 § 4, 1992; Ord. 98 §
20.05.03, 1974)
17.30.190 Conditional use permit—Hearing—Notice.
The planning official shall give notice of such conditional use permit application and of the time and place of such hearing as follows:
A. By mailing notices not less than five days prior to the date of hearing to the owners, as their names and addresses are shown by the last equalized assessment roll, of real property owners within three hundred feet of the external boundaries of property under consideration; B. By posting said notice in conspicuous places close to the property affected, not less than ten days prior to the date of such hearing, a notice consisting of the words: “NOTE OF PROPOSED CONDITIONAL USE PERMIT” printed in plain type letters not less than one inch in height and containing a statement in legible print setting forth a description of the property, the nature of the proposed conditional use permit, and time and place of public hearing; C. By one posting of notice in at least three public places in the city at least ten days prior to the date of the hearing. (Ord. 98 § 20.05.04, 1974)
17.30.200 Conditional use permit—Hearing—Rules of conduct.
At the time and place fixed and noticed, the public hearing shall be conducted before the planning commission, and it shall be the duty of each applicant of a conditional use permit to make a presentation for the need of the conditional use permit and to provide the planning commission with all pertinent factual data that will enable the planning commission to evaluate the effect which the proposed use will have on existing uses and possible future uses of adjoining land and objectives of the master plan. The planning commission may establish its own rules for the conduct of such public hearing and may for any reason it shall deem 12 appropriate continue such hearing from time to time. (Ord. 485 § 4, 1992; Ord. 98 § 20.05.05, 1974)
17.30.210 Conditional use permit—Required findings.
A. The planning commission, in approving a conditional use permit, shall find as follows:
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title;
2. That the said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
3. That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks, walls, or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses on land in the neighborhood;
4. That the site for the proposed use related to streets and highways property designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;
5. That the conditions set forth in the permit and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:
a. Regulation of use,
b. Special yards, spaces and buffers,
c. Fences and walls,
d. Parking areas subject to city specification including location and surfacing, e. Regulation of points of vehicular ingress and egress and on-site traffic circulation, f. Regulation of signs,
g. Required landscaping and maintenance thereof,
h. Regulation of noise, vibration, odors and lights,
i. Regulation of time for certain activities,
j. Duration of use,
13 k. Any such other conditions as will make possible the development of the site in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.
B. The planning commission may grant the conditional use permit in whole or in part upon such conditions as it may deem necessary and appropriate.
C. The planning commission shall make its findings and decisions within forty days after the conclusion of the hearing by a minute order. Upon failure of the planning commission to make a determination within the time limit specified, the application shall be deemed to have been denied. (Ord. 485 § 4, 1992; Ord. 98 § 20.05.06, 1974)
17.30.220 Conditional use permit—Approval void when.
Any permit granted pursuant to this chapter shall become null and void if not exercised as specified in such permit, or if no date is specified, the development shall commence within one hundred eighty calendar days from the date of approval and shall be pursued diligently and continuously to completion. (Ord. 98 § 20.05.07, 1974)
17.30.240 Conditional use permit—Reapplication prohibited when.
No person shall reapply for a similar conditional use permit for the same land, building, or structure within a twelve-month period from the date of the denial of the application. (Ord. 98 §
20.05.09, 1974)
17.30.250 Planning director decision appeal process.
In the event that decision of the planning director or appointed representative, of an administrative action so described herein, is contested, the following appeal procedure is established as contained in Section 2.08.030. (Ord. 364 § 1, 1986: Ord. 98 § 20.06, 1974)
17.30.260 Precise plan of design—Required when.
In order to fairly administer and provide for adequate consideration of all provisions of this title, it shall be required for all property development or establishment of use on a property to file a precise plan of design (minor or major) to accomplish as nearly as possible a uniformity in the permitted use and enjoyment in any zone while at the same time imposing a uniformity of regulation to protect use and enjoyment of surrounding properties. Therefore, no person shall commence any use and no building permit shall be issued for any structure until a precise plan of design (minor or major) covering the parcel or parcels to be used shall be approved and adopted as herein provided. For purposes of this section, the term “minor” shall be defined as all new individual single-family homes, including additions or modifications that are five hundred square feet or larger, and all other types of development projects considered to be small projects of over one hundred twenty square feet and up to and including five hundred square feet in total building area, which require public notice and an administrative director’s hearing. 14 The term “major” shall be defined as all other types of development projects, except for those classified as “exceptions” in this section. Exceptions to this include additions or modifications to individual single-family homes of less than five hundred square feet, fences in residential zones, or any other accessory structure having a valuation of one thousand five hundred dollars or less. (Ord. 739 § 3, 2017; Ord. 98 § 20.07, 1974)
17.30.270 Precise plan of design—Contents.
The precise plan of design shall specify and include:
A. The location, size, bulk, height, and number of stories of all buildings and structures including signs, walls, and fences;
B. The location, size, and dimensions of yards, courts, setbacks, and all other open spaces between buildings and structures;
C. The location, dimensions, and method of improvements of all driveways, parking areas, walkways and means of access, ingress and egress, and drainage; D. The location, dimensions, and methods of improvement of all property to be dedicated to the public or to public utilities;
E. The general nature of the proposed use;
F. Relationship to all abutting public thoroughfares;
G. Grading profile of site and relationship to abutting sites. (Ord. 98 § 20.07.01, 1974)
17.30.280 Precise plan of design—Approval or rejection.
Any such precise plan of design may be rejected, adopted, modified and adopted, or adopted subject to conditions. Any such precise plan of design after adoption, may be amended in the same manner as a precise plan of design is first adopted hereunder. If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections. Otherwise, such proposed precise plan shall be approved. Modifications and conditions may be imposed only to the extent reasonably necessary in connection with the proposed use to remove the said objections, and to that extent may impose greater, but shall not permit lesser, restrictions than those imposed by this title. (Ord. 98 § 20.07.02, 1974) 15 17.30.290 Precise plan of design—Application procedure.
Application for approval of a precise plan of design shall be made in such form as the planning commission shall prescribe. The procedure (but not the grounds) set forth in Sections
17.30.030 through 17.30.060 shall apply to the processing and approval or rejection of proposed precise plans of design, subject, however, to the following exceptions:
A. Upon the filing of an application and prior to setting the same for hearing before the planning commission, the secretary shall refer it to the city planner. If the city planner determines that none of the grounds for rejection as set forth in Sections 17.30.030 through
17.30.060 exist, he or she shall endorse his or her approval thereon in writing within ten days after the date of filing. His or her approval may be subject to express written alterations or conditions if the applicant accepts the same in writing. Such approval shall be final or terminate the proceedings; otherwise, it shall be set for hearing before the city council.
B. Notice of the public hearing shall be mailed no less than ten calendar days prior to the date of the public hearing to all property owners within a three-hundred-foot radius of the property and by posting at the official notice locations as determined by the resolution of the city council.
C. A filing fee in an amount established by resolution of the city council shall be paid at the time of filing the application with the planning department.
D. Applicant need not comply with Section 17.30.050 requiring a list of the names and addresses of all owners of real property within three hundred feet of the external boundaries of the property involved. (Ord. 485 §§ 4, 17, 1992; Ord. 323 § 1, 1984; Ord. 230 § 3, 1980; Ord. 98 § 20.07.03, 1974)
17.30.300 Precise plan of design—Required findings.
A. A precise plan of design may be approved and adopted subject to the granting of a change of zone, a conditional use permit, a variance, or the approval of a final subdivision map or parcel map, or as otherwise provided in Section 17.30.260, and the planning commission may require such a precise plan of design to be submitted prior to the granting or recommending of a zone change, variance, or conditional use permit.
B. Whenever a precise plan of design is approved, the granting authority shall find as follows:
1. The use is allowed within the subject zone;
2. The project is in compliance with and demonstrates the following applicable criteria:
a. Efficient site layout and design;
b. Compatibility with neighboring properties and developments; 16 c. Efficiency and safety of public access and parking; d. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity and whether the relationship is harmonious and based on good standards of design;
e. The compatibility in scale and aesthetic treatment of proposed structures with public areas;
f. The adequacy of proposed driveways, landscaping, parking spaces, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; g. Appropriate open space and use of water efficient landscaping; h. Consistency with the general plan and any applicable specific plan; i. Consistency with any adopted Design Guidelines, policies, and standards.
3. The project is in keeping with the character of the neighborhood, in terms of the structure(s) general appearance; and
4. The project will not be detrimental to the harmonious and orderly growth of the city. (Ord. 764 § 2, 2021; Ord. 485 § 4, 1992; Ord. 98 § 20.07.04, 1974)
17.30.310 Precise plan of design—Definition distinction.
The precise plans of design referred to in this chapter are not to be confused with or considered to be “precise plans” as referred to in the Government Code of the state. (Ord. 98 §
20.07.05, 1974)
17.30.025 Approving Authority
A. Decision-Making Bodies. There are three primary decision-making bodies established to administer the provisions of the development code and the general plan. The decision-making body is responsible to make decisions on specific planning applications set forth below in Table No.17.30-1. The action taken by the decision-making body is final. 17 Table No. 17.30-1
Decision Making Body (Final)
Type of Land Use Entitlement CDD PC CC
Minor Variance X
Variance X
Minor Use Permit X
Conditional Use Permit X
Precise Plan of Design – Minor X
Precise Plan of Design X
Comprehensive Sign Program X
Tentative Parcel Map X
Tentative Tract Map X
Zoning Amendment (text or map) X
General Plan Amendment (text or map) X
Specific or Master Plan X
Key:
CDD – Community Development Director, referred to as the “director” PC – Planning Commission
CC – City Council
B. Concurrent Review. When a project requires approval of multiple permits, all of the permits shall be reviewed concurrently by the highest applicable decision-making body; provided however, that prior to the review by such review authority, the project receives any and all required recommendations and advisory input from applicable committees or commissions.
C. Applications Not Listed. In the event a review authority is not specified for a particular application, the director shall be the review authority or make the appropriate determination.
17.30.030 Public Hearings and Notices.
A. Public Hearing and Hearing Notice.
1. Public Hearings. Every application reviewed by the planning commission and the city council shall be set for a public hearing. However, tentative tract map, parcel map, lot split, street and alley vacation requests or their time extension request as adopted pursuant to the Subdivision Map Act (Section 66411 et seq., of the Government Code, hereafter “Act”) shall be subject to approval by the city council. Hearings may be 18 continued from time to time, by the planning commission or city council, as may be deemed necessary.
2. Hearing Notice. Pursuant to Government Code § 65090 to 65096, notice shall be given for all public hearings not less than 10 calendar days before the scheduled date of a hearing. The notice shall state the date, time, and place of the hearing, the identity of the approving body or officer, a general explanation of the matter to be considered, and a general description of the location that is the subject of the hearing. Notice of the public hearing shall be given in the following ways:
a. Notice shall be mailed, postage prepaid by the applicant, to the owners of property within a radius of 300 feet of the exterior boundaries of the of the property involved in the application, using for this purpose the last known name and address of such owners as currently shown upon the tax assessor’s records. i. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, in lieu of mailed or delivered notice, the notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local community. b. Notice shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
c. Notice shall be mailed to any person who has filed a written request for notice. d. If the notice is mailed or delivered, the notice shall also either be:
i. Posted at three public places designated by the city, including one public place in the area directly affected by the proceeding, or; ii. Made by publication in a local newspaper of general circulation within the local community at least one time.
e. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary and desirable. f. The failure of any person or entity to receive a hearing notice shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.
3. Public Hearing On-site Sign Requirements. In addition to the noticing requirements of subsection (A)(1-2), the public notice shall also be made by a notification sign to be placed in the area affected by the proceeding.
a. For projects requiring approval by the planning commission and city council, the notification sign shall be provided by the applicant and meet the following criteria:
i. Size and specifications. The public notification sign shall be a minimum of 6 square feet and a maximum of 10 square feet for existing structures. Proposed 19 development shall have a notification sign of a minimum of 12 square feet and a maximum of 32 square feet. The sign shall not exceed 6 feet in total height. ii. The sign shall include project information in large, legible font. iii. The sign shall be made of highly-durable materials that are weather and fade resistant.
iv. Location and installation standards. A sign shall be posted on each street frontage no less than 5 feet inside the property line and not within the vision triangle of a corner lot. The sign shall be set at least 18 inches above ground. v. Verification: On or before the required date of installation, the applicant shall submit to the Community Development Department a signed affidavit or some other acceptable proof of installation of the on-sign site. vi. Sign removal and maintenance. The sign shall be maintained in good condition and remain in place until the final decision on the application has been made or the applicant has withdrawn. The sign shall be removed after the appeal period or on the date of withdrawal.
vii. If the proposed project requires more than one hearing, the date listed on the sign must be changed immediately after the first hearing and at least 10 days prior to the second hearing.
B. Notices for Administrative Applications.
1. Public Notice for Administrative Applications. Every application to be administratively reviewed will require a public notice. Prior to taking action on such application, the director shall notify the applicant, interested parties, and properties within 300 feet of the subject site by mail and public posting, as set forth in subsection (A)(2)(a-f). The notice shall include:
a. A statement that the director will decide whether to approve or deny the application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person at least five days before the specified date for the decision.
b. The written request for a hearing shall be based on issues of significance directly related to the application (e.g. provision of evidence that the request cannot meet one or more of the applicable findings.)
c. If the director determines that the evidence has merit and can be properly addressed by a condition(s) added to the approval, the director may consider the permit in compliance with subsection (B)(1)(e).
d. If a public hearing is requested, and the provisions of subsection (B)(1)(b) do not apply, the director shall schedule the hearing that shall be noticed and conducted in compliance with subsection (A)(1-2).
e. If no public hearing is requested, the director shall render a decision on the date specific in the notice referred to in subsection (B)(1)(a). 20 2. Public Notice On-site Sign Requirements. For projects approved administratively, the on-site notification sign shall meet the following criteria:
a. Size and specification. The public notification sign shall be at least 8 ½ inches by 11 inches.
b. Locations and installation standards. A sign shall be posted on each street frontage or the primary store front window no later than 10 days prior to the date of decision.
c. Verification: On or before the required date of installation, the application shall submit to the Community Development Department a signed affidavit or some other acceptable proof of installation of the on-sign site.
d. Sign removal and maintenance. The sign shall be maintained in good condition and remain in place until the final decision on the application has been made or the applicant has withdrawn. The sign shall be removed after the appeal period or on the date of the withdrawal.
17.30.040 Minor Variance.
A. Purpose and Granting Authority
1. It is the intent and purpose of this section to provide for the granting of administrative adjustments or minor exceptions to the development standards of this code by the Community Development Director in those cases where such minor variances or deviations are warranted by practical difficulties, unnecessary hardships, or results that without the administrative adjustment may be inconsistent with the general intent of this code.
2. Subject to the provisions of this chapter, the director may approve the minor variance, or may defer action to the planning commission for review and final decision.
3. The director shall impose conditions to ensure that the minor variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B. Applicability
1. For the purpose of Section 17.30.40, a minor variance means minor exceptions from yard, setback, or open space requirements no more than fifteen percent of the code requirement; minor variances from required lot area, sign area, or dimension requirements of no more than ten percent; and minor exceptions from height requirements of no more than twenty percent of the code requirement.
2. Minor variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning code governing that property. A minor variance is not a substitute for a zone change or zone text amendment.
C. Application
21 1. A signed application for a minor variance from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the Community Development Department. No application shall be considered by the director until the application is determined to be complete and all required fees have been paid to the city.
2. At a minimum, the application shall include:
a. A statement that the applicant is the owner of the subject property or an agent thereof;
b. The legal description of the property involved, the proposed use, and site plans;
c. A reference to the specific provisions of this title that are applicable to the requested deviation; and
d. A letter describing the practical difficulties, unnecessary hardships, or results inconsistent with the intent and purpose of this title that would make the proposed project applicable for a minor variance.
D. Findings
1. The review authority may approve a minor variance only if it first makes all of the following findings:
a. That there are exceptional and extraordinary circumstances or conditions applicable to the property involved;
b. That the minor variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone in which property is located;
c. That granting such a minor variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;
d. That the granting of such minor variance will be consistent with the general plan for the city.
E. Conditions of Granting
1. That the director, in reviewing such requests and hearing the evidence, finds that the findings of Section 17.30.040(D) have been met;
2. The director may approve, conditionally approve, or deny any minor variance request by written notice to be mailed to the applicant and any other person requesting such report no later than five days following the rendering of a decision.
17.30.050 Variance
A. Purpose and Granting Authority
22 1. When practical difficulties arrive, unnecessary hardships are imposed, or results inconsistent with the intent and purpose of this title by reason of the strict and literal interpretation of language in its provisions, the planning commission or city council shall have the authority to grant a variance upon approved terms and conditions as may be deemed necessary to ensure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
2. Subject to the provisions of this chapter, the planning commission or city council may grant or deny variances.
3. The granting of a variance shall be subject to such conditions as will ensure that the variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located. Under no circumstance shall this provision be utilized to permit a use inconsistent with the existing zone or the adopted general plan land use designation.
B. Applicability
1. For the purpose of Section 17.30.050, a variance means a deviation from yard, setback, or open space requirements that exceeds fifteen percent of the code requirement; deviations from required lot area, sign area, or dimension requirements that exceed ten percent of the code requirement; deviations from height requirements that exceed twenty percent of the code requirement; deviations from sign standards, parking regulations, and other zoning provisions.
2. Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning code governing that property. A variance is not a substitute for a zone change or zone text amendment.
C. Application
1. A signed application for a variance from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the Community Development Department. No application shall be considered until the application is determined to be complete and all required fees have been paid to the city.
2. At a minimum, the application shall include:
a. A statement that the applicant is the owner of the subject property or an agent thereof;
b. The legal description of the property involved, the proposed use, and site plans;
c. A reference to the specific provisions of this title that are applicable to the requested variance; and
23 d. A letter describing the practical difficulties, unnecessary hardships, or results inconsistent with the intent and purpose of this title that would make the proposed project applicable for a variance.
D. Findings
1. The review authority may approve a variance only if it first makes all of the following findings:
a. That there are exceptional and extraordinary circumstances of conditions applicable to the property involved, including its size, shape, topography, location, or surroundings;
b. That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;
c. That granting such a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;
d. That the granting of such variances will be consistent with the general plan for the city.
E. Conditions for Granting
1. That a public hearing was held wherein the applicant is heard and in which the or applicant demonstrates that the applicant has met all of the conditions;
2. That the planning commission, in reviewing such requests and hearing the evidence, finds that the findings of Section 17.30.050(D) have been met;
3. The planning commission may approve, conditionally approve, or deny any variance request by written notice to be mailed to the applicant and any other person requesting such report no later than five days following the rendering of a decision.
17.30.060 Minor Use Permit
A. Purpose and Granting Authority
1. The purpose of a minor use permit is to provide sufficient flexibility in the use regulations to further the objective of this title. A minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a specific site and surroundings cannot be determined before being proposed for the specific site.
2. Certain types of land uses require special consideration in a particular zone or in a city as a whole because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable.
24 3. Minor use permits shall be approved or denied by the director. The director may choose to refer any minor use permit application to the planning commission for review and final decision.
B. Applicability
1. A minor use permit is required to authorize proposed land uses identified in Chapter 17.32 (Residential Zones) through Chapter 17.48 (Combining Overlay Zones), inclusive, as being allowable in the applicable zone subject to the approval of a minor use permit.
C. Application
1. A signed application for a minor use permit from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the Community Development Department. No application shall be considered until the application is determined to be complete and all required fees have been paid to the city.
2. At a minimum, the application shall include:
a. A site plan prepared to scale showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on the plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included; b. A legal description of the property involved;
c. Reference to specific provisions of this title which are applicable to the minor use permit sought;
d. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f. Any additional information required by the planning department to evaluate the application.
D. Findings
1. The review authority may approve a minor use permit only if it first makes all of the following findings:
a. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title, the municipal code, the general plan, and any applicable specific plan;
25 b. The subject site is physically suitable for the type, density, and intensity of the proposed use including access, utilities, and services; c. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; and
d. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
E. Conditions for Granting
1. Conditions of Approval. In approving a minor use permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.30.60(D).
2. Periodic Review. The city may conduct a periodic review of the permit to ensure proper compliance with this title and any development or operational conditions imposed by the review authority.
3. Permit to Run with the Land. A minor use permit approved in compliance with the provisions of this section shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this section.
17.30.070 Conditional Use Permit
A. Purpose and Granting Authority
1. The purpose of a conditional use permit is to provide a process for the discretionary review of proposed uses that are necessary for the development of the community, but must be located, planned, and used in such a manner as not to be detrimental to surrounding uses and to the community as a whole. In considering the conditional use permit, the planning commission shall determine whether the use is suitable in the area and if granted, shall require conditions necessary to protect the health, safety, morals, and general welfare. In approving such uses, the planning commission shall set forth the manner in which the use is to be conducted.
2. Conditional use permits shall be approved or denied by the planning commission.
B. Applicability
1. A conditional use permit is required to authorize proposed land uses identified in Chapter 17.32 (Residential Zones) through Chapter 17.48 (Combining Overlay Zones), inclusive, as being allowable in the applicable zone subject to the approval of a conditional use permit.
26 2. Specific uses designated. The following uses may be permitted pursuant to the provisions of this title in any zone except where expressly prohibited, when such uses are determined by the council to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives:
a. Conditional uses in specified zones:
i. Civic and community clubs in R-2 or any less restrictive residential or commercial zone;
ii. Development of natural resources (excluding drilling for or producing oil, gas, or other hydrocarbon substances or the production of rock and gravel) together with the necessary buildings, apparatus or appurtenances incident thereto in any industrial zone;
iii. Freestanding service station identification signs in C-1 zoning districts;
iv. Any such similar uses as the planning commission may deem to be similar and equally essential to the public welfare;
v. Freestanding signs within one hundred feet of the Interstate 10 freeway in the C-1, C-2, and CM and BP zones, subject to the following criteria:
a. The sign is located on the same property as the use
advertised, and
b. The parcel must have a minimum of two hundred lineal feet of freeway frontage, or
c. Be located on a freeway frontage parcel consisting of no less than three acres, or
d. Have principal structures consisting of a collective total of not less than fifty thousand square feet;
C. Application
1. A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the Community Development Department accompanied by copies of the site development and elevation as required by the planning department;
2. At a minimum, the application shall include:
a. A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress.
In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included; 27 b. A legal description of the property involved;
c. Reference to specific provisions of this title which are applicable to the conditional use permit sought;
d. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f. Any additional information required by the planning department to evaluate the application.
D. Findings
1. The review authority may approve a conditional use permit only if it first makes all of the following findings:
a. The proposed use is allowed within the applicable zone and complies with all other applicable provisions the municipal code, the general plan, and any applicable specific plan;
b. The subject site is physically suitable for the type, density, and intensity of the proposed use including access, utilities, and services; c. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; and
d. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
E. Conditions for Granting
1. In approving a conditional use permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.30.70(D).
2. The review authority may grant the conditional use permit in whole or in part upon such conditions as it may deem necessary and appropriate.
3. Periodic Review. The city may conduct a periodic review of the permit to ensure proper compliance with this title and any development or operational conditions imposed by the review authority.
4. Permit to Run with the Land. A conditional use permit approved in compliance with the provisions of this section shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was 28 the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this section.
17.30.080 Minor Precise Plan of Design
A. Purpose and Granting Authority
1. The purpose of the Minor Precise Plan of Design is to provide a process for the review of residential and non-residential development proposals, and to ensure that the site and design of the project complies with all applicable design guidelines, standards, and ordinances, and is consistent with the general plan.
2. An application for a Minor Precise Plan of Design shall be approved or denied by the director.
B. Applicability
1. An application for a Minor Precise Plan of Design is required for all projects which meets any of the following criteria:
a. Façade changes to an existing and previously approved non-residential building.
b. Small accessory structures and residential additions over 500 square feet. c. Non-residential additions under 3,000 square feet not involving the use of significant amount of hazardous substances and is in area where all public services are available.
d. Projects with minor aesthetic, land use or traffic implications. e. New, wireless communication facilities.
2. The precise plans of design referred to in this chapter are not to be confused with or considered to be “precise plans” as referred to in the Government Code of the state.
C. Application
1. A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the Community Development Department accompanied by copies of the site development and elevation as required by the planning department;
2. At a minimum, the application shall include:
a. A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress.
In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included; b. A legal description of the property involved;
29 c. Reference to specific provisions of this title which are applicable to the conditional use permit sought;
d. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f. Any additional information required by the Community Development Department to evaluate the application.
D. Findings
1. The review authority may approve a Minor Precise Plan of Design only if it first makes all of the following findings:
a. The proposal complies with the provisions within the Municipal Code and is consistent with the general plan and any applicable specific plan. b. The site layout and design is of high quality, architecturally and aesthetically pleasing, and is compatible with the character of the neighborhood and general community;
c. The proposal will result in an efficient, safe and desirable project that is not materially detrimental to public health, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
d. The project will not be detrimental to the harmonious and orderly growth of the city.
E. Conditions for Granting
1. Conditions of Approval. In approving a Minor Precise Plan of Design, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.30.080(D).
2. Approval or rejection. Any such precise plan of design may be rejected, adopted, modified and adopted, or adopted subject to conditions. Any such precise plan of design after adoption, may be amended in the same manner as a precise plan of design is first adopted hereunder. If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections. Otherwise, such proposed precise plan shall be approved. Modifications and conditions may be imposed only to the extent reasonably necessary in connection with the proposed use to remove the said 30 objections, and to that extent may impose greater, but shall not permit lesser, restrictions than those imposed by this title.
17.030.090 Precise Plan of Design
A. Purpose and Granting Authority
1. The purpose of the Precise Plan of Design is to provide a process for the review of residential and non-residential development proposals, and to ensure that the site and design of the project complies with all applicable design guidelines, standards, and ordinances, and is consistent with the general plan.
2. An application for a Precise Plan of Design shall be approved or denied by the planning commission.
B. Applicability
1. An application for a Precise Plan of Design is required for all projects requiring planning commission or city council's review. Such application is required for the following types of submittals:
a. Single-family residential projects of 3 or more units. b. New multi-family residential and non-residential projects. c. Changes in use or modifications to multi-family or non-residential uses and structures over 3,000 square feet.
d. Any proposal exceeding the criteria for Minor Precise Plan of Design review.
2. Definition distinction. The precise plans of design referred to in this chapter are not to be confused with or considered to be “precise plans” as referred to in the Government Code of the state.
C. Application
1. A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the Community Development Department accompanied by copies of the site development and elevation as required by the planning department;
2. At a minimum, the application shall include:
a. A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress.
In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included; b. A legal description of the property involved;
c. Reference to specific provisions of this title which are applicable to the conditional use permit sought;
31 d. A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e. Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f. Any additional information required by the Community Development Department to evaluate the application.
D. Findings
1. The review authority may approve a Precise Plan of Design only if it first makes all of the following findings:
a. The proposal complies with the provisions within the Municipal Code and is consistent with the general plan and any applicable specific plan. b. The site layout and design is of high quality, architecturally and aesthetically pleasing, and is compatible with the character of the neighborhood and general community;
c. The proposal will result in an efficient, safe and desirable project that is not materially detrimental to public health, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
d. The project will not be detrimental to the harmonious and orderly growth of the city.
E. Conditions for Granting
1. Conditions of Approval. In approving a Precise Plan of Design, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.30.090(D).
2. Approval or rejection. Approval or rejection. Any such precise plan of design may be rejected, adopted, modified and adopted, or adopted subject to conditions. Any such precise plan of design after adoption, may be amended in the same manner as a precise plan of design is first adopted hereunder. If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections. Otherwise, such proposed precise plan shall be approved. Modifications and conditions may be imposed only to the extent reasonably necessary in connection with the proposed use to remove the said objections, and to that extent may impose greater, but shall not permit lesser, restrictions than those imposed by this title.
32 17.30.100 Required dedications, easements and improvements.
Required dedications, easements and improvements for planning applications shall be as follows:
A. Dedications and/or easements for streets, alleys, drainage, public utilities, bridle trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties;
B. Improvements:
1. Grading on/off site drainage and drainage structures,
2. Curbs and gutters,
3. Sidewalks,
4. Street pavement,
5. Adequate domestic water service,
6. Sanitary sewer facilities and connections,
7. Services from public utilities where provided,
8. Street trees,
9. Street lights and street name signs,
10. All water lines are to be laid and fire hydrants installed subject to city specifications,
11. In addition to the aforesaid minimum improvements, the planning commission shall require such additional improvements and facilities as determined necessary for the proper development of the site and area.
C. Responsibility for the posting of bonds fulfilling city requirements for both on and off-site improvements is the responsibility of the applicant.
17.30.320 Provisions applicable after zoning device action.
Once action has been taken on any zoning device (zone or boundary change, variance, minor deviation, conditional use permit, or precise plan of design), the provisions of Sections 17.30.350 through 17.30.360 shall have an equal application to all such zoning devices. (Ord. 98 § 20.08, 1974)
17.30.350 Zoning device—Imposition of terms authorized.
In approving any zoning device, reasonable terms and conditions may be imposed deemed necessary to protect the health, safety, convenience, and welfare of the community and assure the intent and purpose of this title. Surety devices or other forms of guarantee may be required if deemed necessary to ensure such terms and conditions are being or shall be complied with. (Ord. 98 § 20.08.03, 1974)
17.30.360 Zoning device—Time limit extension fee.
Whenever a permit, entitlement, privilege, approval or other forbearance is granted by the city and such action on the city’s part imposes a time limit within which an act is to be done and the applicant or recipient therefor requests an extension of time, the planning commission may grant such additional time for any cause which it deems justified. The city council shall establish, by 33 resolution, a processing fee to be paid upon the filing of a request for such time extension. (Ord. 485 § 4, 1992; Ord. 98 § 20.08.04, 1974)
17.30.370 Zoning device—Refund of application fees.
The city council is authorized to establish a standardized refund policy by resolution of the city council for the purpose of determining the amount and method of calculating refunds for zoning device application fees. (Ord. 292 § 1, 1982)
17.30.380 Providing zoning flexibility to encourage smaller affordable housing units through the use of bonus density or alternative incentives.
When a developer of housing agrees to construct at least twenty-five percent the total units of a housing development for persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, or ten percent of the total units of a housing development for lower income households as defined in Section 50079.5 of the California Health and Safety Code, the city will enter into an agreement with the developer to either grant a density bonus or provide other alternative incentives for the development project.
The factors determining the incentives shall be set forth by minute order of the planning commission from time to time, and shall be on file with the city planning department.
In considering such developments, the city shall assure that the number of units allowed will be compatible with surrounding land uses, that traffic and public services will not be adversely impacted, and that the development will not result in adverse off-site parking impact. (Ord. 485 § 4, 1992; Ord. 326 § 1, 1984)
17.30.400 Applications to planning commission.
A. Applications shall be filed with the department of community development on forms furnished by the city setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the requests, in accordance with the provisions of this chapter.
B. Every application shall be signed by the owner of the subject property or by his or her authorized agent or by an agency or corporation who is, or will be a plaintiff in an action of eminent domain to acquire the property.
C. Any applicant may withdraw his or her application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.
D. No application which has been denied wholly or in part shall be resubmitted for a period of one year from such denial, except on the grounds of new evidence or proof of changed conditions. (Ord. 485 § 16, 1992)
17.30.405 Filing fees.
Each application or time extension request shall be accompanied by a filing and processing fee as established and amended by resolution of the city council. Application fees for modification 34 proceedings, under this chapter, shall also be accompanied by a filing and processing fee. The amount shall be established by a resolution of the city council and may be changed from time to time. (Ord. 485 § 16, 1992)
17.30.410 Hearings.
Every application for a variance, conditional use permit, tentative tract map, parcel map, lot split, street and alley vacation and time extension shall be set for a public hearing. If an appeal is taken from a planning commission decision regarding variances and conditional use permits, in the manner hereinafter specified, the said matter shall be set for consideration by the city council as soon as possible. However, tentative tract map, parcel map, lot split, street and alley vacation requests or their time extension request as adopted pursuant to the Subdivision Map Act (Section 66411 et seq., of the Government Code, hereafter “Act”) shall be subject to approval by the city council. Hearings may be continued from time to time, by the commission or city council, as may be deemed necessary. (Ord. 485 § 16, 1992)
17.30.415 Notices.
Notices of the time, place and subject matter of public hearings before the planning commission and city council, on variance, conditional use permit, tentative tract map, parcel map, lot split, street and alley vacation requests or their time extension request, shall be given of such hearings in the following manner:
A. By mailing a notice to each property owner within three hundred feet of the subject premises or as otherwise required by this code, whose name and address appear in such application, informing such owner of the nature of the application, the location of the property and the time and place of the hearing; and
B. By posting a notice in the three public posting places designated by the city council. (Ord. 485 § 16, 1992)
17.30.420 Planning commission action.
A. Within a reasonable time after the public hearing upon a planning application, the planning commission shall approve, conditionally approve or deny the same by minute order or resolution adopted by the affirmative votes of not less than a majority of the total number of the membership of the planning commission. The minute order or resolution shall contain a statement of facts upon which the decision is based.
B. Within seven calendar days following the action by the commission, the director shall cause to be forwarded a copy thereof, by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same at his or her last known address.
C. The decision of the planning commission shall be final and conclusive at twelve noon of the fifteenth day following the date of adoption of the minute order by the commission, or at twelve noon of the day following the next regularly scheduled city council meeting, whichever date is the latest in the absence of the filing of a written appeal, in the manner hereinafter specified. Upon the filing of an appeal in the manner herein set forth, the decision of the planning commission shall be suspended until action on the appeal is taken by the city council. (Ord. 485 § 16, 1992)
35 17.30.425 Planning commission indecision—Effect of.
Where, for any reason, the planning commission is unable to reach a determination as to a zone variance or a conditional use permit on an application, within forty-two days after the close of the public hearing relating thereto, the matter shall be deemed automatically appealed to the city council, without decision by the planning commission. In such event, the matter shall be placed upon the city council’s agenda and a de novo public hearing held thereon, and the matter shall be finally determined by the city council. (Ord. 485 § 16, 1992)
17.30.430 Effective dates and appeal procedures.
A. Decisions of any reviewing body may be appealed, except where state law limits appeals.
The applicant, or any other person who owns real property or resides within three hundred feet of the property lines of the property to which the planning application relates, and anyone who is aggrieved by the use permit or plan, may within 10 days after the decision is made, file a written letter of appeal with the city clerk together with a filing and processing fee, appealing the decision of the planning commission to the city council. Upon receipt of such written letter of appeal, together with the fee, the city clerk shall place the matter upon the city council agenda at the next regularly scheduled meeting of the city council which is not less than ten days from the date of receipt of the notice of appeal. In the case where the director is the granting authority, the appeal decision shall be appealed to the planning commission. The appeal request shall pause any proceedings associated with the action being appealed.
B. In the event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal.
C. Where an appeal is pending before the city council from a decision of the planning commission, the city council shall order the city clerk to give notice thereof in the same manner as the notice required for hearings before the planning commission.
D. Any councilmember may appeal to the city council any decision on a variance, conditional use permit, or precise plan of design.
E. No appeal may be withdrawn except by the appealing party, with the consent of the applicant and the city council.
F. The appeal review body shall review the decision, hear new evidence and testimony, if offered and, in deciding the appeal, may affirm, reverse or modify the decision.
G. The city council shall have the authority, at any time prior to its final determination upon an appeal from a planning commission decision, to refer the matter back to the planning commission for consideration. The city council may instruct the planning commission to conduct an additional public hearing in order to accept new evidence relating to such matter.
H. The decision of city council to sustain or deny an appeal shall be final. 36 17.30.435 Determination by city council.
The city council shall render its decision approving, conditionally approving, or denying the variance, conditional use permit, or precise plan of design, within a reasonable time after conducting its deliberation. Its decision shall be by resolution, which shall contain the facts supporting the action. The action of the city council shall be final and conclusive. (Ord. 485 § 16, 1992)
17.30.440 Notice of city council decision.
Within five days following the adoption of the resolution by the city council, the city clerk shall mail a copy thereof to the applicant and any other person requesting the same, at his or her last known address. (Ord. 485 § 16, 1992)
17.30.445 Conditions of approval—Scope.
Whenever the city council or planning commission grants a variance, conditional use permit or precise plan of design a permit or plan, the granting authority may attach conditions thereto necessary to make the required findings mandated by the state and the findings in this chapter.
A. In any case, the granting authority may apply such condition as is necessary to protect the public health, safety and general welfare, including conditions relating to yards, fences and walks, dedications, improvements, landscaping, regulation of nuisance factor, regulation of signs and such other matters as will make the development compatible with the neighborhood. In granting a conditional use permit the approval, the city council may grant deviations or relief from the yard, fence, sign, height, parking, loading, and open space regulations of this chapter.
B. In any case, the granting authority may attach a requirement of a bond (in the form of cash, surety bond or certificate of deposit) for the purpose of guaranteeing faithful performance of any conditions imposed. (Ord. 764 § 2, 2021; Ord. 485 § 16, 1992)
17.30.450 Acceptance.
The acceptance of any of the benefits of such grant shall constitute acceptance of the burdens and conditions attached thereto. (Ord. 485 § 16, 1992)
17.30.455 Interpretation.
The attaching of conditions shall be construed as a material part of the grant, without which the application would otherwise be denied. The invalidation of any condition shall constitute invalidation of the entire grant. (Ord. 485 § 16, 1992) 37 17.30.460 Discretionary permits—Revocation.
A. Upon recommendation by the city manager, the body which originally granted the discretionary permit shall conduct a noticed public hearing to determine whether the permit should be revoked. If the granting agency or city council finds any one of the following facts to be present, it shall revoke the permit:
1. That any condition of the permit has not been complied with or has been violated;
2. That the use is detrimental to public health, safety or is a nuisance;
3. That the permit was obtained by fraud;
4. That the use for which the permit was granted has ceased or has been discontinued or has not been pursued for a period of one year.
B. Notice.
1. Notice shall be by registered mail, return receipt requested, to the recorded owner or lessee of the subject property not less than twenty days prior to giving public notice.
The notice shall state the complaint and shall request appearance of the owner or lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.
2. Public notice shall be given as provided in Section 17.30.415 17.30.030(A).
C. Hearing.
1. If the planning commission conducts the hearing, the action taken shall be subject to an appeal in the manner prescribed in this chapter.
2. If the planning director or designee conducts the hearing or meeting, the action taken shall be subject to an appeal as provided in Section 17.30.250 030.
3. The body which originally granted the permit shall make its findings and decision within forty days after the conclusion of the hearing by a formal and numbered resolution.
After revocation, the subject property shall conform to all regulations of the zone in which it is located.
4. The action of the city council shall be final and conclusive. (Ord. 764 § 2, 2021; Ord. 485 § 16, 1992)
17.30.462 Reapplication prohibited when.
No person shall reapply for a similar discretionary permit for the same land, building, or structure within a twelve-month period from the date of the denial of the application.
17.30.465 Time limit.
Any permit shall be null and void to the extent the grant permitted thereunder is not exercised within the time specified in the minute order approving such permit, or if no time is so 38 specified, to the extent the same is not exercised within one year from the date the permit is granted; provided that the granting body, upon request of applicant showing good cause, may extend the time limitations imposed by this section for a period not to exceed one year. (Ord. 485 § 16, 1992)
17.30.470 Modifications
A. Any condition imposed upon the granting of a permit may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct public hearings thereon, in the same manner as required for the granting of the same:
1. No such modification shall be made unless the hearing body finds that such modification is necessary to protect the public interest, or, in the case of deletion of such a condition, that such action is necessary to permit reasonable operation under the permit;
2. All planning commission determinations regarding modification proceedings shall be subject to an appeal as set forth in this title (Ord. 485 § 16, 1992).
B. Approved plan(s) may be modified before issuance of a Certificate of Occupancy. Minor modification to approved plan(s) shall be subject to approval by the director through an administrative review. Any modification that exceeds ten percent of the following allowable measurable design/site considerations shall require the refilling of the original application, a subsequent hearing by the appropriate hearing review authority, and payment of the amendment to approved plans fee if applicable:
1. On-site circulation and parking, loading and landscaping;
2. Placement and/or height of walls, fences and structures;
3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
4. A reduction in density or intensity of a development project.
17.30.475 Expiration of inactive applications.
A. An application shall expire and be considered abandoned one hundred eighty days after the last date that additional information, revisions, or funds (items) are requested, if the applicant has failed to provide the items requested, except as set forth below:
1. Special Studies. Whenever special studies (e.g., CEQA, etc.) are requested by the city that are reasonably expected to take longer than one hundred eighty days to complete, the application will not be considered inactive on the basis of the time required to complete such special studies. Staff will estimate a completion date and should these studies be delayed beyond the initial projected completion date, a new projected date of completion shall be established after which the application shall expire and be considered abandoned in one hundred eighty days if no action occurs on the project.
2. The director may grant one ninety-day extension if the following criteria are met:
39 a. A written request for extension is submitted at least thirty days prior to the expiration date;
b. The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested revisions or information; c. The applicant provides a reasonable schedule for submittal of the requested revisions or information.
3. At the sole discretion of the director, the planning division may extend any expiration date, as set forth in this subsection A, of an application without a written request from an applicant when additional time for city processing or scheduling of appointments is required; when the division needs information or responses from other agencies; or under other similar circumstances as determined by the director or authorized designee thereof.
4. Notwithstanding the language in subsection A above, an application made subsequent to the initiation of any enforcement action by the city concerning the use of land, a structure(s), and/or the use or occupancy of a structure(s) that is the subject matter of that enforcement action, shall be deemed abandoned if the director determines, in the exercise of his or her discretion, that the applicant has failed to substantially comply with the application process in a timely manner, given the type of land-use approval required and the nature of the violation(s) to be corrected. The submission of requested items in a piecemeal fashion resulting unnecessary delays shall constitute prima facie evidence of the applicant’s failure to substantially comply with the application process in a timely manner. The division shall provide written notice to the applicant of any determination of expiration under this section. Following the abandonment of an application pursuant to this section, the city may continue with the enforcement action unless the subject matter of that enforcement action has already been abated, removed, corrected, or enjoined. (Ord. 764 § 2, 2021)
40 Municipal Code Title 17 ZONING
Chapter 17.02 INTRODUCTION AND DEFINITIONS
1. MODIFY SECTION 17.02.215 TO READ AS FOLLOWS:
17.02.215 Landscaping.
“Landscaping” means some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. The combination or design may include hardscape not to exceed fifty percent of the total for any landscaped area. Hardscape may include rock ground cover and such structural features as fountains, pools, art works, screens, walls, fences, or benches. Approved parking spaces, approved driveways, and sidewalks are not included in the amount of permitted hardscape. A minimum of fifty percent of the front yard setback area shall be landscaped.
2. ADD NEW DEFINITION 17.02.401, TO READ AS FOLLOWS:
17.02.401 Recreational Vehicle.
“Recreational Vehicle” means a motor home, travel trailer, truck camper, camping trailer, boat, or other similar vehicles that includes living quarters designed for accommodation, whether towed or self-propelled.
3. MODIFY SECTION 17.02.212, TO READ AS FOLLOWS:
Group Homes. A single-family dwelling or multi-unit facility that provides twenty-four-hour medical and/or non-medical care of persons who are in need of personal services, supervision, or assistance essential for addressing issues of mental illness and substance-abuse. Examples include halfway houses, board and care homes, clean and sober homes, rehabilitation centers, and the like. This use type includes both unlicensed facilities and those licensed or supervised by a federal, state, or local health/welfare agency.
1. Group Home (six or fewer residents plus one employees). A group home as defined above, that provides care for six or fewer residents.
2. Group Home (seven or more residents plus employees). A group home as defined above, that provides care for seven or more residents.
4. MODIFY SECTION 17.02.212, TO READ AS FOLLOWS:
Drive-In and Drive-Through Businesses. A facility where food or other products may be purchased the business or service may be conducted by motorists without leaving their vehicles. Examples of drive-in and drive-through retail businesses include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc. 41 Municipal Code Title 17 ZONING
Chapter 17.14 FENCES, WALLS, HEDGES, AND DISH ANTENNAS
1. MODIFY SECTION 17.14.080 TO READ AS FOLLOWS:
17.14.080 Maximum height—Rear yards—Interior lots.
Fences, walls and hedges not to exceed six feet in height shall be permitted on or within all rear property lines and rear yards on interior lots. The maximum height of six feet can be increased to a maximum of eight feet in height when adjacent properties differ in elevation or other special circumstances exist as determined by the Community Development Director. Such increase in height shall not create visual obstruction for traffic or pedestrians and shall meet other applicable standards of this title.
2. MODIFY SECTION 17.14.100 TO READ AS FOLLOWS:
17.14.100 Maximum height—Corner and reversed corner lot side yards.
On reverse corner and corner lots fences, walls and hedges not greater than six feet in height may be located in the required side yard not closer than fifteen feet to the side property line abutting a street, on or to the rear of all front yard setback lines. Corner lot fences, walls, and hedges may be located in the required side yard no closer than five feet to the property line abutting a street, on or to the rear of all front yard setback lines.
3. REMOVE FIGURE 17.14.165B. INADVERTENTLY LEFT IN CODE FROM THYE LAST UPDATE. FIGURES SHOWN BELOW FOR REFERENCE:
17.14.165 Residential fence regulations—Diagrams.
42 Municipal Code Title 17
Chapter 17.24 PARKING REGULATIONS
5. MODIFY 17.24.060(B) TO READ AS FOLLOWS:
17.24.060 Residential parking space requirements.
B. Multiple-family dwellings, including duplexes and dwelling groups shall be provided with the following number or parking spaces with a minimum of one to be enclosed garaged.
6. MODIFY SECTION 17.24.090 TO READ AS FOLLOWS:
17.24.090 Loading space requirements.
On the same land therewith, every structure or part thereof erected or occupied for manufacturing, storage warehouse, wholesaling, department store, food store, hotel, hospital, funeral home, laundry, or dry cleaning plants or other uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity, shall be provided with sufficient space for standing, loading and unloading vehicles to avoid undue interference with the public use of streets and alleys. Such space shall be no less than ten feet by twentyfive feet for every ten thousand square feet of floor area with a fourteen-foot minimum height clearance, but shall not be a part of any area used for off-street parking purposes. Such space shall be no less than ten feet by twenty-five feet with a fourteen-foot minimum height clearance.
One space shall be required for every twenty-five thousand square feet of floor area, however, that not more than four such spaces shall be required per use. The loading spaces shall not be a part of any area used for off-street parking purposes.
7. MODIFY SECTION 17.24.290 TO READ AS FOLLOWS:
17.24.290 Spaces-In required side and rear yards.
Required side yards and rear yards may be used for parking purposes except in residential zones or unless otherwise noted within development standards of the respective zone. 43 Municipal Code Title 17 ZONING
Chapter 17.32 RESIDENTIAL ZONES (R-1, R-2, R-3 AND R-4)
17.32.030 Development standards.
1. ADD ROWS WITHIN THE DEVELOPMENT STANDARDS TABLE WITH ACCESSORY
STRUCTURE SETBACK INFORMATION, UNDER EXISTING SETBACKS SECTION, TO READ AS FOLLOW:
Setbacks – Minimum (Feet)
Front Setback
Standard (1) 25 25 20 20
Averaging with 5 or More Parcels (2) 25 with none less
than 20
25 with none less
than 20
Side Setback
Standard Interior (3),(4),(5),(10), (11), (12) 15 on one side and 5 on the other plus additional 5 for each story above the first Standard Corner Exterior Parcels 15
Corner Parcel where Front Door Fronts Side Yard 15
Reverse Corner Parcel: Side Adjoining Another Parcel 15 Reverse Corner Parcel: Side Adjoining Street 15
Rear Setback 15 15 15 plus additional 5 for each story above the first
Height Limit – Maximum (Feet) 35 35 (7) 35 35
Open Space - Minimum (Sq. Ft.) (8),(9), (13)
2. REMOVE NOTES 3 AND 5, FOUND UNDER TABLE 2-2:
3. No portion of a second story wall shall be closer than 10 feet to the property line. If the greater side setback has an unobstructed graded area on that side intended for garage use suitable for vehicle parking, a side setback at the ground floor may be allowed having a minimum dimension from the structure to the property line of 10 feet open from ground to sky.
Eaves may not encroach within the 10 foot clear dimension. The second story on this greater side shall continue to have a minimum of a 15 foot setback.
5. Accessory Structures. Accessory structures both attached and detached shall be allowed under the same standards as the main structures, except that detached one-story accessory structures may have a rear setback of 5 feet. Attached patios which are completely unenclosed, except for fully ventilated screening, may come to within not less than 5 feet of the rear property line.
Accessory Structures (minimum feet)
Front – Carports 25
Side – Carports 3
Side – Other attached and
detached structures
15 on one side and 5 on the other
Rear – Detached one-story
structures
5 Rear – Attached structures and
detached two-story structures
15 Rear – Attached patios,
completely unenclosed
5 44
3. MODIFY NOTE 4, FOUND UNDER TABLE 2-2:
4. Carport structures must comply with building setbacks be allowed on side property lines to not less than five feet from the rear property lines. Carport structures shall be fire rated in compliance with the Building Code and may be required to be screened for aesthetic purposes.
No structure shall be allowed within the front setback or exterior side setback on corner parcels and not less than five three feet from the standard interior side or rear setback. All carport structures shall be open on at least two sides and are subject to the review of the director.
4. ADD/REPLACE NOTES 3 AND 5, FOUND UNDER TABLE 2-2:
3. For single-family residences, a recreational vehicle may be parked within a side yard setback provided that such area is paved and screened from view from the public right-of-way by screening material at least six feet in height. This area cannot be within 5 feet of the rear property line or within the 15 feet of the exterior side setback on corner parcels. No persons shall reside in such vehicles while parked within the residential lot.
5. Portable storage containers are not permitted within the front yard setback for more than 30 days.
5. ADD NEW NOTE 15, FOUND UNDER TABLE 2-2:
15. Block Walls. Block walls that are visible to the public shall be constructed of decorative type block and a decorative prefabricated block cap.
45 Municipal Code Title 17 ZONING
Chapter 17.40 COMMERCIAL AND INDUSTRIAL ZONES (BP, CO, C-1, C-2, AND CM)
17.40.20 Land use regulations and allowable uses.
1. UPDATE TABLE 2-25 WITH AMENDED PERMIT REQUIREMENTS:
Table 2-5
Allowed Uses and Permit
Requirements for Commercial and
Industrial Zones
P Permitted by Right
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
B-P Business Park
CO Office Commercial
C-1 Neighborhood Commercial
C-2 General Commercial
CM Commercial Manufacturing
Land Use B-P CO C-1 C-2 CM
Specific Use
Regulations
Retail Trade Uses
Alcohol Beverage Sales
Alcohol Sales (off-sale) – Beer and
Wine
CUP — CUP CUP —CUP Only permitted
provided the
structure containing
this use has a
minimum floor area
of 30,000 sq. ft. and
a maximum of 10%
of the gross floor
area is devoted to
the sales of
packaged liquor.
Alcohol Sales (on-sale) – Beer and
Wine
CUP CUP CUP CUP — CUP See note 1
Alcohol Sales (off-sale) – Liquor — — P
CUP
P
CUP
—CUP Only permitted
provided the
structure containing
this use has a
minimum floor area
of 30,000 sq. ft. and
a maximum of 10%
of the gross floor
area is devoted to
the sales of
packaged liquor.
Alcohol Sales (on-sale) – Liquor CUP — — CUP —CUP See note 1 Building Materials — — — MUP P
Drive-In and Drive-Through
Businesses
— CUP CUP CUP CUP
Landscape Nurseries – Retail or
Wholesale
— CUP CUP CUP P Two-acre minimum
parcel size required.
Retail Store or Center (less than
30,000 sf)
— — P P P
Retail Store or Center (30,001 sf or
greater)
— — P P P
Vehicle Sales – New — — — P P
Vehicle Sales – Used — — — P P Allowed only in
association with a
new vehicle sales
46 Table 2-5
Allowed Uses and Permit
Requirements for Commercial and
Industrial Zones
P Permitted by Right
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
B-P Business Park
CO Office Commercial
C-1 Neighborhood Commercial
C-2 General Commercial
CM Commercial Manufacturing
Land Use B-P CO C-1 C-2 CM
Specific Use
Regulations
business. Standalone used vehicle
sales are not
permitted.
Vehicle Parts Sales (including
stereos/alarms, but no installation)
— — P P P
Vending Machines P P P P P
Business, Financial, and
Professional
Financial Institutions and Related
Services
P P P P P
Governmental Offices and Facilities P P P P P
Historical or Landmark Structures
with Commercial Activities
CUP CUP CUP CUP CUP
Offices – Other than Medical or
Dental P P P P P
In the C-1 zone, on
the ground floor,
office use is limited
to 15% of the floor
area. No floor area
limitation applies to
second floors and
above.
In the CM zone,
office use is limited
to ancillary uses
associated with the
business and shall
not exceed 15% of
the floor area.
Eating and Drinking
Establishments
Bars, Lounges, Nightclubs, and
Taverns
— — — CUP —
Catering Services — — P P P
Fast Food Restaurant with No DriveThrough (no late-night hours)P P P P P Fast Food Restaurant with No DriveThrough (with late-night hours)CUP CUP CUP CUP CUP Fast Food Restaurant with DriveThrough— — — — —
Restaurant – Outdoor Dining CUP
MUP
CUP
MUP
CUP
MUP
CUP
MUP
CUP
MUP
See note 1
Restaurant – Sit-Down (no late
hours)
P P P P P See note 1
Restaurant – Sit-Down (with late
hours)
CUP CUP CUP CUP CUP See note 1
Service Uses - General
47 Table 2-5
Allowed Uses and Permit
Requirements for Commercial and
Industrial Zones
P Permitted by Right
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
B-P Business Park
CO Office Commercial
C-1 Neighborhood Commercial
C-2 General Commercial
CM Commercial Manufacturing
Land Use B-P CO C-1 C-2 CM
Specific Use
Regulations
Animal Grooming — — P P P
Kennel — — — P P
Maintenance and Repair Services
(other than vehicle)
P — P P P
Hotels/Motels — — P P P
Massage — — — — P Mun. Code Chapter
5.24 Personal Services, General P P P P P
Personal Services, Restricted MUP MUP MUP MUP MUP Mun. Code Chapters
5.23 & 5.24
Photocopy, Postal and Mailing
Services and Similar Activities
P P P P P
Vehicle Services
Automobile Washing/Detailing — — CUP CUP CUP
Automobile Service Stations — — CUP CUP CUP
Automobile Repair – Major — — — — P
Automobile Repair – Minor — — — — P
Truck Repair — — — — P
Veterinary Facilities — — P P P
Funerary Related
Cemeteries, Columbariums,
Mausoleums, and Mortuaries
— — — — —
Medical-Related and Social
Services
Convalescent Homes — CUP CUP CUP CUP
Emergency Shelters — — — — CUP See Section
17.44.030 (Specific
Use Regulations)
Health Centers CUP CUP P/CUP4 P P
Hospitals/Medical Facilities — CUP CUP CUP CUP
Laboratories – Medical Related P P — P P
Medical, Dental Clinics/Offices P P P P P
Transportation, Communication, and
Infrastructure Uses
Bus and Taxi Stations — — — P P
Public Parking Lots and Structures
(not associated with a primary use)
P P P P P
Public Utility Structures and Service
Facilities
CUP CUP CUP CUP CUP
Recreation
Commercial Recreation and
Entertainment
— CUP — — CUP CUP
Game Arcade, Internet Café, or
Similar Businesses
— CUP — — —
CUP
—CUP
Golf Course and Related Facilities — — CUP CUP CUP
Education
Schools – Private — CUP — CUP —
48 Table 2-5
Allowed Uses and Permit
Requirements for Commercial and
Industrial Zones
P Permitted by Right
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
B-P Business Park
CO Office Commercial
C-1 Neighborhood Commercial
C-2 General Commercial
CM Commercial Manufacturing
Land Use B-P CO C-1 C-2 CM
Specific Use
Regulations
Universities and Colleges — CUP — CUP CUP
Vocational Schools — CUP — CUP CUP
Industry, Manufacturing and Processing, and
Warehousing Uses
Commercial Bakery
Bakeries, Retail P — P P P
Bakeries, Wholesale P — — — P
Contractors’ Yard — — — — P
Food Processing and/or Storage — — — — P
Industry – Light P — — — P
Industry – Heavy — — — — CUP
Personal Storage Facilities — — — — CUP
Research and Development P — — — CUP
Warehousing/Wholesaling
Up to 50,000 sf — MUP — — — P MUP
Greater than 50,000 sf — — — — CUP
Other Uses
Accessory Uses P P P P P See note 3
Agricultural, Industrial, Construction
Equipment Sales and Rentals
— — — CUP P
Assembly Uses
Places of Public Assembly —CUP CUP CUP CUP CUP
Places of Religious Assembly —CUP CUP CUP CUP CUP
Auction Houses — — — CUP CUP
Day Care Facilities CUP — CUP — —
Drive-In and Drive-Through
Businesses
— CUP CUP CUP CUP
Mobile Home Park — — CUP — —
Outdoor Storage Facility — — — — P MUP
Recycling – Small Collection Facility — — CUP CUP CUP See Section
17.40.030 (Specific
Use Regulations)
Recycling – Large Collection Facility — — — — CUP See Section
17.40.030 (Specific
Use Regulations)
Reverse Vending Machines — — P P P See Section
17.40.030 (Specific
Use Regulations)
Temporary Uses TUP TUP TUP TUP TUP See note 2
49 2. UPDATE THE NOTES SECTION BELOW TABLE 2-25 AS FOLLOWS:
Notes:
1. On-site consumption of beer and wine alcoholic beverages is only allowed in conjunction with a restaurant bona fide public eating place. No separate bar service for the sale of alcoholic beverages is allowed. Further, the restaurant bona fide public eating place shall serve food as a matter of complete table service only.
50 Municipal Code Title 17 ZONING
Chapter 17.44 SPECIAL PURPOSE ZONES (I-HC, OS, PC AND PF)
17.44.020 Land use regulations and allowable uses.
1. UPDATE TABLE 2-7 WITH AMENDED PERMIT REQUIREMENTS:
Table 2-7
Allowed Uses and Permit
Requirements for Special Purpose Zones
P Permitted by Right (Planning Permit May Be Required)
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
I-HC Institutional-Health Care
OS Open Space
PF Public Facility
PC Planned Community
Land Use I-HC OS PF PC
Specific Use
Regulations
Agriculture and Animal-Related
Agriculture — P — —
Apiary — P — — See note 1
Animal Keeping – Private — P — — See note 2
Animal Keeping – Commercial — CUP — —
Landscape Plant Nurseries – Retail or
Wholesale
— CUP — —
Business, Financial, and Professional
Government Offices and Facilities P — P —
Retail Sales related to an Institution P P — P
Educational/Cultural
Libraries P — P P
Museums P — P P
Schools – Private P CUP — P
Universities and Colleges P CUP — P
Medical-Related and Social Services
Convalescent Homes P — — —
Emergency Shelters — — P — See Section 17.40.030
Health Centers P — CUP —
Hospitals/Medical Facilities P — CUP —
Laboratories – Medical Related P — — —
Medical, Dental Clinics/Offices P — — —
Pharmacy P — — —
Recreation
Auditoriums and Theaters CUP — CUP P
Cultural Centers P — MUP P
Golf Course and Related Facilities CUP CUP — CUP
Hiking Trails and Related Improvements — P P P
Parks and Playgrounds — P MUP P
Resources and Open Space Uses
Local and Buffer Greenbelts — P P P
Unimproved Open Space — P P —
Water Resource Management Facilities
(groundwater recharge basins, percolation,
water wells, reservoirs, tanks, dams,
treatment plants, gauging stations, and
pumping stations)
— P MUP P
Wildlife Preserves and Sanctuaries — P P —
Transportation, Communication, and Infrastructure Uses
Airports, Heliports, and Other Landing Fields CUP CUP CUP — Fire and Police Stations P — P P
Public Parking Lots and Structures (not
associated with a primary use) CUP CUP CUP CUP
Public and Private Parking Lots and
Structures (incidental and accessory to
primary use)
MUP MUP MUP MUP
51 Table 2-7
Allowed Uses and Permit
Requirements for Special Purpose Zones
P Permitted by Right (Planning Permit May Be Required)
CUP Conditional Use Permit
MUP Minor Use Permit
— Not Allowed
I-HC Institutional-Health Care
OS Open Space
PF Public Facility
PC Planned Community
Land Use I-HC OS PF PC
Specific Use
Regulations
Public Utility Structures and Service
Facilities CUP CUP P CUP
Other Uses
Archeological and Paleontological Sites — P P —
Assembly Uses
Places of Public Assembly P CUP CUP CUP
Places of Religious Assembly P CUP CUP CUP
Cemeteries, Columbariums, Mausoleums,
and Mortuaries CUP CUP — CUP
Commercial Uses (incidental and accessory
to allowed uses) — CUP MUP MUP
Correctional Institutions CUP — MUP —
Development of Natural Resources CUP CUP CUP CUP
Forest Maintenance Facilities and Ranger
Stations — CUP P —
Historical Preserve — P P —
Landfills — CUP — —
Multiple Residences CUP — — —P
Must meet development
standards for the
analogous residential
zone
Planned Residential Development CUP CUP — CUP
Residences for Institutional Personnel P — P —
Reclamation for open space purposes of
mines, quarries, and pits resulting from the
commercial extraction of rock, sand, gravel,
earth, clay, and similar materials
— CUP CUP —
Recycling – Small Collection Facility — — — MUP
Recycling – Large Collection Facility — — — CUP
Structures Incidental and Accessory to
Allowed Uses MUP MUP P MUP Section 17.56.030(J)
52 Municipal Code Title 17 ZONING
Chapter 17.95 WIRELESS COMMUNICATION FACILITIES
1. MODIFY TABLE OF CONTENT FOR CHAPTER 17.95 WIRELESS COMMUNICATION FACILITIES WITH NEW APPLICATION NAME:
17.95.010 Intent.
17.95.20 Small project application Minor precise plan of design and conditional use permit.
17.95.030 Required findings for wireless communication facilities.
17.95.040 General standards for wireless communication facilities.
17.95.050 Special standards for ground-mounted structures.
17.95.060 Wireless communication facilities permitted with a conditional use permit.
17.95.070 Facilities permitted with a small project minor precise plan of design application.
17.95.080 Conditions of approval.
17.95.090 Zoning.
17.95.100 Alternative analysis.
17.95.110 Maintenance requirements.
17.95.120 Processing and submittal requirements.
17.95.130 Notice requirements.
17.95.140 Penalties.
2. MODIFY SECTION 17.95.020 WITH NEW APPLICATION NAME, TO READ AS FOLLOWS:
17.95.020 Small project application Minor precise plan of design and conditional use permit.
Each wireless communication facility requires either an application for a small project minor precise plan of design or a conditional use permit. Both types of projects shall meet all the requirements described below. Small project applications The minor precise plan of design application shall be reviewed and approved by the community development director. Conditional use permits shall require the approval of the planning commission. 53 3.. MODIFY SECTION 17.95.030 WITH NEW APPLICATION NAME, TO READ AS FOLLOWS:
17.95.030 Required findings for wireless communication facilities.
All wireless communication facilities permitted in this section shall be subject to the following findings. These are in addition to any applicable criteria outlined in Chapter 17.30, Administration, for the city of Loma Linda or the criteria for a small project minor precise plan of design application.
A. There is adequate space on the property for the wireless communication facility and accessory wireless communication equipment. Adequate space shall mean that the wireless communication facility will not be in conflict with existing buildings or other structures on the property, or reduce required parking, landscaping or other property improvements based on city development standards.
B. The design and placement of the wireless communication facility and accessory wireless communication equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood (i.e., encroach on walkways or openings, block or impair valuable views of or from the subject property or nearby properties).
C. The wireless communication facility and accessory wireless communication equipment as proposed are consistent with the intent of this part and comply with the general standards for all wireless communication facilities and special standards for ground-mounted structures below.
D. The operation of the facility will not cause Radio Frequency Interference (RFI) to any of the city’s communication operations including public works department, public safety department and San Bernardino County sheriff’s department radio systems, other radio and communications systems, computer and/or electronic equipment, and SCADA facilities. In addition, the operation of the facility will not cause RFI to Loma Linda University, Loma Linda University Medical Center, Jerry L. Pettis Veterans Medical Center, Loma Linda University Community Medical Center, or other medical or educational related facilities’ communications operations, computer equipment, and/or sensitive medical research and/or testing equipment, or to other consumer electronic products (i.e., televisions, radios, amateur radios, cordless telephones or other communications devices, bhearing aids, or stereos), or to railroad communications, control or telemetry systems. (Ord. 592 § 3, 2001) 54 4. MODIFY SECTION 17.95.070 WITH NEW APPLICATION NAME, TO READ AS FOLLOWS:
17.95.070 Facilities permitted with a small project minor precise plan of design application.
The following wireless communication facilities are permitted with a small project minor precise plan of design application and the approval of the community development director.
Such projects shall be exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines.
A. Panel- or whip-style antennas that are attached to the side or façade of an existing building or other structure (façade-mounted) where: (1) the wireless communication facilities are clearly ancillary to the primary purpose of the structure upon which they are mounted; and (2) the wireless communication facilities do not extend above the height of the structure; and (3) the wireless communication facilities are architecturally integrated with the structure and not visible (or barely visible) from the public right-of-way and/or adjacent residential uses.
B. Roof-mounted, panel- or whip-style antennas that extend no more than twenty feet above the height of the building or structure on which the wireless communication facilities are mounted, and do not exceed the height limit of the underlying land use district by more than ten feet, and are set back from the perimeter of the structure such that they are not visible from the public right-of-way and/or adjacent residential uses.
C. Self-contained, “shoe box” sized transmitter/ receivers, having exterior dimensions of no more than sixteen inches in length, twelve inches in width, eight inches in depth, and minor ancillary equipment such as brackets, photo cell adapter, electrical power cord and whip antenna not exceeding four feet in length, mounted on existing utility poles, light standards, traffic safety lights, street sign poles, commercial signs or similar structures. No such wireless communication facility shall be permitted on any decorative city-owned light poles such as those located on Barton Road.
D. Small Project Minor Precise Plan of Design Application—Compliance Review. A small project minor precise plan of design application for a wireless communication facility shall be reviewed for compliance with the conditions of approval by the granting authority three years from the date of effective approval. As part of this review, the granting authority shall have the discretion to determine if changes in cellular technology warrant retrofit or adjustment of the project and shall have the discretion to impose additional conditions on the project, require an amendment to the small project minor precise plan of design application, or revoke the permit approval in its entirety.
E. All other types of wireless telecommunication facilities shall be reviewed by the planning commission and subject to the issuance of a conditional use permit. (Ord. 592 § 7, 2001)
55 5. MODIFY SECTION 17.95.120 WITH NEW APPLICATION NAME, TO READ AS FOLLOWS:
17.95.120 Processing and submittal requirements.
A. Fees. All applicable processing and impact fees shall apply.
B. City Property. In cases where a wireless communication facility is proposed on city property, compensation (such as a lease agreement) shall be negotiated by the city manager on a case-by-case basis and all standards in this chapter shall apply.
C. Master Plan/Site Analysis. Prior to project review and approval, the applicant shall provide the city with a detailed description of the type of service provided, and an estimate of the future needs. Information shall be provided that illustrates why the site was selected, and what made the proposed site better than other sites in the area (i.e., technical requirements, costs, and site availability).
D. Elevations. Prior to project review and approval, the applicant shall provide the city with dimensioned elevations of the wireless communication facility and accessory wireless communication equipment, indicating the width of structural pole(s) and dimensions of each sector antenna, color and material finish of the facility.
E. View Simulation Photo. Prior to project review and approval, applicants shall provide the city with a view simulation study containing scale, and depicting antenna and ancillary facility dimensions. The view simulation study shall include a reference sheet indicating the point at which each view simulation photo was taken.
F. Written Justification. Prior to project review and approval, the applicant shall provide the city with a written justification explaining why the requested height of the wireless communication facility is necessary.
G. Submittal Requirements. Applications for conditional use permits or small project minor precise plan of design applications shall include all of the submittals listed as required for those application types and any additional items required by this chapter or deemed necessary and appropriate by the reviewing authority and/or city staff. (Ord. 592 § 12, 2001) 56 6. MODIFY SECTION 17.95.130 WITH NEW APPLICATION NAME, TO READ AS FOLLOWS:
17.95.130 Notice requirements.
The following notification requirements shall apply to all applications for wireless communication facilities permitted in this section:
A. For a small project minor precise plan of design application, the community development director shall provide notification to the planning commission and adjacent property owners of the proposed project site.
B. For a conditional use permit, the community development director shall provide notification to the planning commission, city council and owners of property within three hundred feet of the proposed project site.
C. Notices shall be sent not less than ten days prior to any action taken on the application. Projects subject to the California Environmental Quality Act (CEQA) shall comply with the notice requirements for public pursuant to the CEQA guidelines. (Ord. 592 § 13, 2001) City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Historic Commission Member Appointment and Notice of Expired Members Terms [Administration] Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
New Business Item: A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council appoint Scott Hepburn to the vacant seat of the Historic Commission.
BACKGROUND:
The Historic Commission is made up of eight members each holding four-year terms. The Historic Commission has had two vacancies for a period of time. On July 11, 2023, the City Council appointed a new member to fill one of the two vacant seats. The City received an application from Mr. Scott Hepburn. Mr. Hepburn's application was reviewed by the Community Development Director and City Manager, who both consider Mr. Hepburn to be an appropriate fit for the Commission.
In regards to member terms, three Historic Commission member terms have expired. On October 18, 2023, a public notice of the expired member terms and soliciting member applications for the Historic Commission were posted at the three (3) required locations - Civic Center, Library, and Post Office as well as on the City's website with a deadline to submit applications by November 22, 2023 (notice attached). The Commission members were informed of their term expirations and the opportunity to submit an application should they have a continued interest in serving on the Commission. They all expressed a continued interest. It is the intent to submit all applications received for Staff and City Council to review and schedule the Historic Commission appointments at the December 12, 2023, City Council meeting.
The following are the Member terms that have expired:
William Coffman
Joseph Frink
Michael Stewart
Attachments
Application Redacted -CC 11-14-23.pdf
Annual Appointment Notice Historic Commission 10-18-2023.pdf
NOTICE
LOCAL APPOINTMENTS LIST
PLEASE TAKE NOTICE that pursuant to Government Code Sections 54970 et seq., attached is the Historical Commission information, which are appointed by the City Council of the City of Loma Linda, including a list of appointive terms which expired in July 2023, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
APPLICATIONS to serve on the Historical Commission may be obtained from the City Clerk or the City’s Website: www.lomalinda-ca.gov and submitted to the City Clerk, City of Loma Linda 25541 Barton Road, Loma Linda, CA 92354. Resumes are encouraged. Application deadline is November 22, 2023.
COMMITTEE APPOINTMENTS will be scheduled for the City Council meeting of December 12, 2023.
HISTORICAL COMMISSION
Vacancies: None
Terms Expired: July 1, 2023
Name Appointed/Re-appointed
William Coffman 12/13/1994; 8/10/1999; 5/28/2002; 8/22/2006; 8/24/2010; 6/24/2014; 7/10/18; Joseph Frink 12/8/20 (alternate); 5/11/2021
Michael Stewart 10/26/1999; 5/27/2003; 6/26/2007; 6/28/2011; 6/23/2015 The Historical Commission consists of eight (8) members who serve four-year terms. The Commission prepares recommendations to the City Council pertaining to buildings and sites in the City of historical significance to further preserve the history of the City. An historical preservation ordinance has been adopted by the City Council and the Commission is working on various aspects of the ordinance for implementation. A Historic District has been established.
The Director of Community Development is the City’s staff liaison member. The Commission normally meets bi-monthly (Jan., Mar., May, July, Sept., Nov.) on the first Monday of the month at 5:30 p.m. in the Community Room of the Civic Center. Commission Members are required to file a Statement of Economic Interests pursuant to the City's adopted Conflict of Interest Code as mandated by the Political Reform Act and enforced by the Fair Political Practices Commission (FPPC). Statements of Economic Interest are public records.
October 18, 2023
A:\AGENDA\Agenda Reports.Council\Committees\Appointments\Annual Appointment Notice Historic Commission 10-18-2023.docx 10/31/2023
Phillip Dupper
Mayor
City of Loma Linda, California
Dear Phillip:
We are pleased to notify you that your annual comprehensive financial report for the fiscal year ended June 30, 2022 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting.
The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application.
We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort.
We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting.
Sincerely,
Michele Mark Levine
Director, Technical Services
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Meeting adjourned to the meeting of December 12, 2023.
Meeting
Tuesday, November 14, 2023, 7:00 PM
Agenda Group
Adjournment Item: A
To
City Council
From
Lynette Arreola, City Clerk
Approved/Continued/Denied
by City Council
Date:
RECOMMENDATION:
N/A
BACKGROUND:
N/A
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
N/A