Agenda packet — Rancho Cucamonga City Council, May 4, 2022 (part 3 of 3)

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0 This benefit shall consist of paying 8% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall consist of paying 7% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 2063(c)(4)) as additional compensation for employees hired on or after September 1, 2010.

This benefit shall consist of paying 6% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011.

Payment of EPMC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4)) which is the monetary value of EPMC on compensation earnable.

2. Effective the first full pay period in January of 2019:

This benefit shall consist of paying 5% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall consist of paying 4% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011.

3. Effective the first full pay period in January of 2020:

This benefit shall consist of paying 3% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall consist of paying 2% of the normal contributions as EPMC and

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0 reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011.

4. Effective the first full pay period in February 2023:

This benefit shall consist of paying 1% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall be reduced to 0%, eliminating EPMC for employees hired on or after July 4, 2011.

5. Effective the first full pay period in February 2024, this benefit shall end.

SECTION 14: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, son-in-law, daughter-in-law, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, grandparents-in-law, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297.) Effective the first full pay period in July 2022, employees are eligible for an additional 40 hours of bereavement leave in addition to the currently provided 80 hours when the bereavement leave is related to the employee’s spouse or domestic partner, employee’s parents, employee’s children, son-in-law, daughter-in-law, or employee’s siblings, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s children, or a blood relative residing with the employee. The parties agree to review any usage concerns in January 2023.

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0 SECTION 15: PERSONAL LEAVE
Employees can use up to 40 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time.

SECTION 16: VACATION
All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule.

Length of Service
in Years
Hours
Accrued Per
Pay Period
Annual
Hours
Accrued
1 3.077 80
2 3.461 90
3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15+ 6.923 180
SECTION 17: VACATION CAP
Vacation shall be capped at 1040 hours. Any hours accrued over 1040 hours will be cashed out using the options below:
Cash
Deferred compensation contributions as allowed by law
The employees make an irrevocable decision before the end of the calendar year and the payment or distribution will occur in April.

SECTION 18: VACATION BUYBACK
Annually, any employee that wants to have the City buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back, with a minimum buy back of 20 hours up to a maximum of 160 hours. This buy back shall occur twice annually, in June/July (between

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0 the last payday in June and the first payday in July) and December (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in December. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time.

SECTION 19: VACATION ACCRUAL
Effective the first full pay period in July 2022, the City Manager may provide an accrual rate for new Management employees up to the equivalent of a ten-year employee upon hire. This is important as many experienced candidates have significant time in public sector and otherwise might have to begin at a much lower accrual rate than they receive at their current agency.

SECTION 20: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave accrual (10 hours/month) begins on the first day of employment and can be taken after ninety (90) days of service.

A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care.

B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of qualified family member.

For the purpose of Family Sick Leave, a qualified member means the employee’s: child (includes any age or dependency status, or for whom the employee is a legal ward or Obtain medical attention or psychological counseling; services from a shelter; program stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great-grandparent, great-grandparent-in-law, grandchild, great- grandchild, or sibling.

C. Other Statutory Use
Sick leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to:
(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren).

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0 (b) Obtain medical attention or psychological counseling, services from shelter, program or crisis center; or participate in safety planning or other actions to increase safety.

D. Medical Certification
In the event sick leave absences due to personal illness or injury, which exceeds three (3) consecutive workdays, the Department Head or Human Resources may require a physician’s statement indicating the employee’s fitness to return to work.

Should the City suspect that there is an abuse of sick leave by an employee, the City may require that the employee submit to Human Resources a physician’s certification to support the absence.

SECTION 21: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION

INCENTIVE
Effective the first full pay period in July 2022, if employees within the bargaining unit terminate their City employment after 5 years of continuous service, the City will buyback 130 hours of sick time if they provide at least two weeks’ written notice of their intent to separate.

Effective the first full pay period in July 2022, if employees provide early notification of their intent to retire from the City, the City will pay employees for additional accrued sick leave hours in accordance with the schedule below. Notification must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire:

Notification of at least twelve
months (365 calendar days*)
100 hours additional sick leave buyback**
Notification of at least six months
(180 calendar days*)
75 hours additional sick leave buyback
Notification of at least four months
(120 calendar days*)
50 hours additional sick leave buyback
Notification of at least two months
(60 calendar days*)
20 hours additional sick leave buyback
*Employees must have leave available in order to be eligible for the additional buyback. Use of vacation and management leave during the time between the notification and the employee’s retirement date will not be counted toward the required notification periods in the schedule above. **Employees retiring at the end of December 2022 can qualify for this benefit if they give the City notice within one (1) pay period of City Council adoption of the MOU.

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0 SECTION 22: HOLIDAYS
The City Offices shall observe the following 14 holidays. All full time continuous salaried employees shall be compensated at their regular rate for these days. (1) July 4 Independence Day
(2) First Monday of September Labor Day
(3) November 11 Veteran’s Day
(4) Fourth Thursday of November Thanksgiving Day
(5) Day Following Thanksgiving Floater
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January 1 New Year’s Day
(9) Third Monday of January Martin Luther King’s
Birthday
(10) Third Monday of February President’s Day
(11) Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her convenience subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday, except as provided during a Holiday Closure pursuant to Section 38.

For example, for Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Year’s, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred.

Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday.

SECTION 23: HOLIDAY TIME
The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: The ten hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday.

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0 SECTION 24: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be Holiday Facility Closures, certain City facilities may close in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule of Holiday Facility Closures at least six months or more in advance of the closure. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, compensatory time, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 22's provision regarding consecutive holidays shall not apply.

SECTION 25: NATAL AND ADOPTION LEAVE WITHOUT PAY
The City shall provide employees within the bargaining unit up to four months natal and adoption leave for the birth or adoption of a child including the paid leave as outlined below; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code Section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence.

SECTION 26: NATAL AND ADOPTION LEAVE WITH PAY
Effective the first full pay period in July 2022, employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 120 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time.

SECTION 27: WORKERS COMPENSATION LEAVE
Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one- hour increments.

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0 SECTION 28: MILITARY LEAVE
Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation, the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period.

SECTION 29: MILITARY SERVICE BUY BACK
Employees have the option for military service buy back at the employee's expense.

SECTION 30: BILINGUAL PAY
Bargaining Unit employees who qualify for bilingual pay will be provided such at $75.00 per month, Each Department Head will determine the number of employees needed to perform translation duties per department, subject to review and approval of the Deputy City Manager/ Administrative Services. Employees who receive bilingual pay are expected to perform translation services for their department and for other City Services should the need arise. An updated list of the employees receiving bilingual pay will be provided every six-months or as changes occur. Bilingual duties will be distributed as equitable as possible.

SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND

UNIVERSITY COURSES
Reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all the following conditions precedent exists:

A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by one of the six regional accreditors involved in higher education accreditation in the United States.

B. The applicant for reimbursement shall represent to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or “pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received).

C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those

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0 courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major.

D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the Department Head or his designee in such regards shall be final.

E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking, and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure for which reimbursement is sought.

SECTION 32: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS The City will pay for the cost of any required certifications or recertification required of employees to maintain their positions. Required certifications must be outlined in an employee’s classification specification. The Department Director, with the approval of the City Manager, can add to but not eliminate certifications and recertifications that Departments will cover the costs for employees to maintain. Any additions by the Department Head must be applied equally to all employees in that classification.

SECTION 33: ENCOURAGING PROFESSIONAL DEVELOPMENT
Promotions are movements to a different classification with a higher pay range.

Bargaining unit employees are encouraged to seek regular performance feedback from their direct supervisors and other Department leadership for professional development and in order to prepare to compete for future promotional opportunities. If a member applies for a promotion to a bargaining unit position and is not selected for an interview or has an interview but is not selected for the job, the employee is encouraged to request feedback from their supervisor as to reasons why they were not selected. The supervisor will work other Department personnel and/or Human Resources to provide a response to the requesting employee within 30 days of the request.

Bargaining unit employees are encouraged to register on the City’s employment portal to be informed of promotional opportunities by email, and to check their City email account regularly for information regarding promotional opportunities.

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0 SECTION 34: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS The City may pay the cost of training and certificate programs, up to $10,000, for individual employees that are not required to maintain their positions, with the goal of providing additional development opportunities for employees.

Employees can request that the City pay the cost of such training and certifications. The Department Director and /or Deputy City Manager, with the approval of the City Manager, may approve these requests, subject to budget availability. If an employee requests participation in a training or certificate program with a registration cost of $2,000 or more, the employee will be required to repay the cost of that training or certificate if they leave City employment within 4 years of the registration for that program. One-quarter of the amount owed is forgiven each year. The employee must sign an agreement indicating that any outstanding amount can be deducted from their final paycheck upon separation if any outstanding amount is due at separation.

This benefit does not pertain to professional conferences related to an employee’s ongoing continuous learning, which are routinely budgeted within a department’s budget.

SECTION 35: TEAM RC WORK APPAREL
The City will provide all bargaining unit members a Team RC shirt at least once per fiscal year at a cost not to exceed $50.

SECTION 36: CARPOOL PROGRAM
The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to all full- time regular employees. Participation is voluntary, and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.60 per day for every day that the bargaining unit employee carpools.

SECTION 37: 4/10 WORK WEEK
City Hall generally operates on a 4/10 work week, hours 7am to 6pm, Monday through Thursday. However, different work schedules consisting of various work hours and days may be adopted by individual departments based on departmental need. Remote facilities operate on a 40-hour work week of varying days and times.

SECTION 38: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buy backs can be by paper check.

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0 SECTION 39: CONFIDENTIAL EMPLOYEES
The City will provide RCMA with a list of specific Confidential Employees whose positions are covered by the Management Employees' bargaining unit. These employees are designated as Confidential Employees due to the work they perform related to employer- employee relations and the access they have to information related to employer- employee relations. The City will update that list when a new confidential employee is hired, or the duties of a current confidential employee changes and they are no longer involved in employer employee relations.

Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City, may not represent employees in discipline or grievance procedures and may not provide information or participate in labor negotiation on behalf of RCMA.

Confidential Employees may be employed in some of the following positions (this list is not exhaustive):

Deputy Director of Finance
Deputy Director of Human Resources
Finance Manager
Principal Accountant
Revenue Manager
Senior Executive Assistant
SECTION 40: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist, for RCMA notices. Such space will be no less than 18" x 24". If insufficient bulletin board space exists in a Bargaining Unit work or break area, the RCMA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. RCMA may also distribute notices to covered employees through the City's email system. Bulletin boards and emails shall only be used for the following notices:
 Scheduled RCMA meetings, agenda and minutes.
 Information on RCMA elections and the results.
 Information regarding RCMA social, recreational, and related news bulletins.  Reports of official business of RCMA, including negotiations, reports of committees or the Board of Directors.

City equipment (including City computers, laptops, and tablets), materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee's City mailbox shall not be obscene, defamatory, or of a political nature. All notices to be posted must be dated and signed by an authorized representative of RCMA. RCMA agrees to follow the City's E-Mail Policy

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0 when sending emails to City employees. RCMA understands that all electronic mail is not confidential, and that the city reserves the right to access and disclose all messages sent over its email system for any purpose in accordance with the City's E-Mail Policy.

SECTION 41: ACCESS TO WORK LOCATIONS
The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Officers and representatives of RCMA to confer with Bargaining Unit employees during working hours.

Therefore, RCMA Labor Relations Representatives, Officers or representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals. RCMA Labor Relations Representatives or Officers shall be granted access upon obtaining advance authorization from the designated management representative prior to entering a work location and after advising the City at least one business day in advance of the requested access, of the general nature of the business.

The designated management representative may deny access or terminate access to work locations if, in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. RCMA Labor Relations Representatives or Officers granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal. The City shall not unreasonably interfere with RCMA's access right to work locations and any reasonable denial of access shall not be subject to the grievance procedure.

SECTION 42: NEW EMPLOYEE ORIENTATION - AB119
City shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a RCMA representative to meet with a new RCMA covered employee and present benefits of being a member of the union. Onboarding of new employees occurs during the first working day at the start of a new pay period up to twenty-six (26) times per year. The City will provide a calendar before the start of a new year. The City will provide RCMA with at least 10 days-notice, or as soon as practicable, of onboarding of new RCMA covered employees. A RCMA representative will have up to 30 minutes of uninterrupted time to meet with new RCMA covered employees. Prior to meeting, or in no case later than the meeting time, the City will provide the name and job assignment of the new employee to the RCMA representative. The City will provide designated RCMA representatives with all available information about the employee as required under AB119 within 30 days of the employees start date and the City will provide information on all RCMA covered employees again as required by AB119 at least three (3) times per year.

SECTION 43: USE OF CITY RESOURCES
RCMA may be granted permission to use any City facilities accessible to the general

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0 public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with City needs and is otherwise not reserved by any other groups or individuals. RCMA may also be permitted to use the City Council Chambers, during regular business hours, for RCMA meetings, provided the City Council Chambers is not otherwise reserved.

Permission to use City facilities must be obtained by RCMA from the appropriate management representative. RCMA shall be held fully responsible for any damages to, and the security of, any City facilities that are used by RCMA.

SECTION 44: ASSOCIATION RELEASE TIME
When RCMA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of Officers or other representatives of the RCMA shall be allowed reasonable time off without loss of compensation or other benefits.

1. Such Officers and representatives shall not leave their duty or workstation or assignment without the knowledge of the department head or division manager.

2. Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules.

RCMA Officers or representatives shall be permitted, if requested by an RCMA represented employe e, to attend an employee counseling session, which could result in disciplinary action. Such officers or representatives shall also be permitted, if requested by the Association employee, to be present at an employee disciplinary session.

1. Such Officers or representatives shall not leave their duty or workstation or assignment without the knowledge of the department head or division manager.

2. No more than one employee at a time shall be granted release time to represent one employee.

RCMA Officers or representatives of the Association shall be given reasonable time during work hours to investigate, and process specified grievances or complaints arising out of the application of MOU or personnel rules, upon prior permission from their respective department head or division manager.

During the term of the next MOU, RCMA Officers and representatives agree to track their Association release time via the payroll system. The City and RCMA agree to review this usage to determine if limits need to be incorporated into a subsequent MOU.

SECTION 45: RELEASE FOR ALL HANDS MEETING
RCMA shall be allowed four (4) ninety (90) minute periods of release time for all hands meetings per fiscal year, including travel time, during work hours. For the purposes of labor negotiations with the City additional meetings may be requested and may be

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0 granted by the Human Resources Director.

SECTION 46: LABOR MANAGEMENT COMMITTEE
The City and RCMA agree to implement quarterly labor/management committee (LMC) meetings to discuss employee relations issues. The LMC will not be authorized to change the MOU or to settle any grievance.

SECTION 47: PRIORITY OF MEMORANDUM OF UNDERSTANDING This memorandum of understanding between the City and the Rancho Cucamonga Management Association shall take precedent over the Personnel Rules adopted per Resolution 13-065.

SECTION 48: ADOPTION OF MOU
This memorandum between the City and the Rancho Cucamonga Management Association was adopted on May 9, 2022.

City of Rancho Cucamonga: Rancho Cucamonga Management Association:

Date__________________ Date:_______________ ______________________ ______________________ John R. Gillison Katie Distelrath City Manager Deputy Director of Community Services ______________________ _______________________ Lori Sassoon Albert Espinoza Deputy City Manager Deputy Director of Public Works ______________________ ________________________ Robert Neiuber Heather Bolton Human Resources Director Animal Center Manager ______________________ ________________________ Noah Daniels Mike Smith Finance Director Principal Planner

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DATE:May 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022-046, RESOLUTION NO. 2022-047 AND RESOLUTION NO. 2022-048) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Parcel Map 20164; and

2. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6.

BACKGROUND:

On May 12, 2021, the Planning Commission approved Case No. SUBTPM20164 a subdivision of Parcel 2 of Parcel Map No. 8653, a 2.33 acre project site containing a retail building and vacant parcel located within the General Industrial (GI) District at the southwest corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, into two parcels of land.

SUBTPM20164 was approved with a condition that the subject property be annexed into Landscape Maintenance 3B and Street Light Maintenance Districts No’s. 1 and 6.

ANALYSIS:

The applicant, Orbis Rancho Partners, LLC, has submitted a Parcel Map for consideration of approval. Staff has determined that the Parcel Map is in substantial conformity with the approved Tentative Parcel Map and conditions. Approval of this item by the City Council would approve Parcel Map 20164, allow its recordation, and order the annexation of the subject property into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6.

FISCAL IMPACT:

The proposed annexations would satisfy the conditions of approval for this Parcel Map and supply additional annual revenue to the landscape and street light maintenance districts in the following amounts:

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Landscape Maintenance District No. 3B: $474.16
Street Light Maintenance District No. 1: $59.71
Street Light Maintenance District No. 6: $86.35
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addressed the City Council's vision for the City by working together cooperatively and respectfully with property owners and developers to create a vibrant city, rich in opportunity for all to thrive.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 – Resolution Ordering Annexation LMD No. 3B Attachment 3 – Resolution Ordering Annexation SLD No. 1 Attachment 4 – Resolution Ordering Annexation SLD No. 6

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ATTACHMENT 1
Vicinity Map
SUBTPM20164

NOT TO SCALE
Project Site

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Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT # 2 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B (COMMERCIAL
INDUSTRIAL) FOR SUBTPM20164
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

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Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

ORBIS RANCHO PARTNERS, LLC
The legal description of the Property is:

PARCEL MAP 8653 PARCEL 2
Assessor’s Parcels Numbers of the Property:
0209-032-35

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Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Landscape Maintenance District No. 3B (Commercial Industrial):

Landscape Maintenance District No. 3B (Commercial Industrial) (the “Maintenance District”) represents landscape sites throughout the Commercial/Industrial Maintenance District.

The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments.

Proposed additions to the Improvements for Project SUBTPM20164:

NONE

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Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No. 3B (Commercial Industrial):

The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for SUBTPM20164:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Non-Residential Acre 1.00 $282.24
The proposed annual assessment for the property described in Exhibit A is as follows:

1.68 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $474.16 Annual Assessment

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Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT #3 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
SUBTPM20164
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

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Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

ORBIS RANCHO PARTNERS, LLC
The legal description of the Property is:

PARCEL MAP 8653 PARCEL 2
Assessor’s Parcels Numbers of the Property:
0209-032-35

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Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2019/20
Street Light Maintenance District No. 1 (Arterial Streets):

Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City.

The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City.

Proposed additions to the Improvements for Project SUBTPM20164:

NONE

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Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for SUBTPM20164:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:

1.68 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $59.71 Annual Assessment

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Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT #4 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL)
FOR SUBTPM20164
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial Industrial)(the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

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Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

ORBIS RANCHO PARTNERS, LLC
The legal description of the Property is:

PARCEL MAP 8653 PARCEL 2
Assessor’s Parcels Numbers of the Property:
0209-032-35

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Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 6 (Commercial Industrial):

Street Light Maintenance District No. 6 (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard
The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard.

Proposed additions to the Improvements for Project SUBTPM20164:

NONE

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Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 6 (Commercial Industrial):

The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for SUBTPM20164
Land Use Basis
EBU
Factor*
Rate per
EBU*
Commercial/ Industrial Acre 1.00 $51.40
The proposed annual assessment for the property described in Exhibit A is as follows:

1.68 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $86.35 Annual Assessment

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7 DATE: May 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
Jennifer Nakamura, Deputy Director of Planning
SUBJECT:Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt the attached interim urgency ordinance (Attachment 1) to:

1. Require development applications comply with the interim Development Code Update and Zoning Map to implement the General Plan during the term of the interim urgency ordinance.

2. Adopt an addendum to the 2020 General Plan Update EIR under the California Environmental Quality Act (CEQA).

BACKGROUND:

On December 15, 2021, the City Council unanimously adopted the updated General Plan for the City of Rancho Cucamonga. The General Plan is the City’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community.

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7 law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time.

The adoption of the General Plan has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the city. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations, and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. City staff have been working with a consultant team on amendments to the Development Code to implement the Land Use Designations in the updated General Plan, including the addition of form-based code components for the new mixed-use place types established in the General Plan. The adoption of the interim urgency ordinance will allow City staff to use the current draft of the updated Development Code to review and process development applications in a manner that is consistent with the updated General Plan and vision of the community.

Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” The proposed Development Code attached to the interim urgency ordinance is not intended to be the final Development Code adopted in accordance with the normal zoning ordinance. However, it includes the most important zoning regulations and development standards to permit development applications to be evaluated, while allowing staff more time to prepare and process the permanent Development Code. City staff believes there is an immediate threat to the public health, safety, and welfare by not having in place a Development Code and Zoning Map that is consistent with the General Plan. Development applications are currently unable to be processed in a logical manner, threatening the production of housing units in the City.

ANALYSIS:

The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations.

Fundamental elements of the Development Code update are:
A hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors.
Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. New objective design standards for multi-family residential and mixed-use development projects. Revisions to conventional zones as needed to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies with respect to landscaping, open space, and noise, among others as needed.

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3 1
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7 Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law.
Consistency with the updated General Plan.

General Plan Consistency
The existing Development Code was reviewed for consistency with the goals and policies of the adopted General Plan. Where an inconsistency was identified, the Development Code was amended to provide adequate provisions to facilitate development in alignment with the policy direction of the General Plan. In addition, the intent and purpose of each General Plan land use designation was assessed to determine whether the designation could be implemented with an existing zoning district or if a new zone was needed.

Recommendations to implement the General Plan and the creation of new form-based zones to implement the new mixed-use land use designations are described below.

Implementation of the General Plan Vision
To successfully achieve the City’s vision and uphold the core values identified by the community during the PlanRC process, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity.

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7 Vision Diagram
The Land Use and Community Character Chapter of the General Plan describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the vision. The General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga.

Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, the General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city.

Each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is illustrated below and also available on the City’s website: https://bit.ly/gplandplan.

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7 Place Types and General Plan Designations
Land Plan

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7 Form-Based Code
The Form-Based Code (FBC) implements the General Plan’s vision, place type designations, and policy direction for key areas of the city, including the major corridors, focus areas and activity nodes. The FBC, which is Article VIII of Title 17 (Development Code), establishes place-based standards for certain areas that are intended to promote pedestrian activity, encourage a diversity of uses, accommodate new housing typologies, and facilitate the transition of auto-oriented areas to more walkable and urban places. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated.

The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines.

Form-Based Codes are an alternative to conventional zoning.” (Source: Form-Based Codes Institute) Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one another, and the scale and types of buildings and blocks.

Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to the zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots for key areas of the city where mixed use urban form is desired. The remainder of the city uses conventional zoning as regulated by Article III of the Development Code. While the FBC focuses on an intended physical form, it also regulates use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The FBC is intended to transform our commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.

Article VIII is organized around the following regulating topic areas:
Zone and Building Standards: establishes purpose and intent of building type standards, standards that are applicable to all form-based zones and building types, descriptions of each building type, and objective development standards associated with each building type. Building Entrances and Facades: establishes purpose and intent of building entrance and facade type standards, descriptions of each building entrance and facade type, and objective development standards associated with each type.
Public Open Space: establishes purpose and intent of public open space standards, descriptions of each public open space type, and objective development standards associated with each type. Land Use Standards: establishes the land uses allowed in each form-based zone and any

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7 necessary specific use standards.
Large Site Development: provides requirements for large site development including applicability, intent and design review requirements; and establishes block size and connectivity standards.

Objective Design Standards
Another key component of the updated Development Code is new objective design standards for multi- family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. State law defines objective standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” They are measurable and verifiable (i.e., no “gray area” for interpretation) to make the design review process more streamlined, predictable, and easier to interpret.

The purpose of objective design standards is for applicants to know beforehand what requirements apply to a proposed development and for the applicant to be able to design a project that meets those requirements before submittal. Objective design standards are written as requirements, rather than guidelines, and will provide applicants and developers with a clear understanding of the City’s expectations for mixed-use and multi-family residential project design to help streamline the review process. Objective design standards that are intended to complement all base zoning districts are contained in Article VII, while objective standards specifically aimed at mixed use and multi-family development in the form-based zones are integrated into Article VIII.

Future Repeal of Older Specific Plans, Master Plans and Planned Communities Part of the Development Code update includes the incorporation of appropriate standards from older specific plans, master plans and planned communities into the new zoning regulations to allow for the repeal of outdated plans. In many instances these original plans are fully built out, and in others revisions to the code will supersede the need for the specialized zoning or standards allowed by the specific plan, master plan or planned community. Because many of the City’s specific plans, master plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s.

The following is the list of specific plans, master plans and planned communities to be repealed with adoption of the updated Development Code:
Etiwanda Highlands Planned Unit Development (EH) 1988 - Repeal Etiwanda North Specific Plan (NESP) 1992- Repeal
Etiwanda Specific Plan (ESP) 1985 adopted - Repeal
Terra Vista Community Plan (TCVP) 1983 adopted - Repeal Town Square Master Plan (TS) 2002 - Repeal
Victoria Arbors Master Plan (VA) 2002 - Repeal
Victoria Community Plan (VCP) 1981 - Repeal
Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 adopted – Amend to change boundary and renamed to The Resort Specific Plan In order to maintain compatibility of new infill development and to avoid the creation of non-conforming uses and structures, applicable standards from these plans have been incorporated into the new form- based zones and/or integrating into the Development Code through the use of subzones, which are subsets of the primary conventional zone. Subzones align with the primary zone development standards and use requirements except where otherwise noted to maintain the necessary standards of the repealed plan. Because of inconsistencies between the Development Code, the regulations of the repealed plans, and what is built, the Development Code includes provisions for staff to allow flexibility based on existing development that may become non-conforming.

Provisions of the specific plans and master plans that are inconsistent with the interim Development Code will not be applied during the term of the interim urgency ordinance. The plans will be repealed through

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7 the formal process as soon as practicable.

Legal Consistency
Legal requirements relative to this code update were analyzed and where the Development Code was determined to be out of compliance, amendments to the code were made. The following topic areas were amended to bring the City’s Development Code into compliance with state and federal law:
Special needs housing, including community care facilities, family day care homes, emergency shelters, farmworker housing
Accessory dwelling units
Manufactured homes
Telecommunications facilities, including review of wireless telecommunications facilities and acceleration of broadband deployment
Density bonuses, incentives and concessions
Fine-tuning of permit review requirements
General Code Issues
In addition, and as part of the process, the consultant for the Development Code update led a series staff interviews with representatives from the Planning Department, Engineering Department, Building and Safety Department, Animal Services and Community Improvement Division to identify opportunities to clarify code content, address existing deficiencies, or improve usability. The following topics were amended to address staff identified issues:
Amendments to review applicability and process language for a variety of application types for clarity.
Changes to home occupancy permits to expressly prohibit certain uses such as ammunition recycling.
Removal of the planned community process which is not used anymore and changes to specific plan size threshold.
Modifications to the allowed use table and descriptions for certain allowed uses. Updates to development standards for residential zones to allow for more residential types to expand opportunities for a range of residential development. Removal of several Overlay Zoning Districts that are no longer applicable with the amendments to the code and the inclusion of the form-based code. The Overlays to be removed include:

Industrial/Commercial, Foothill Boulevard, Mixed Use, and Haven Avenue Overlay Zoning Districts. Changes to requirements and exceptions for certain accessory structures. Reductions of guest parking standards for residential uses. Addition of parking management standards to address spillover parking from large projects into adjacent residential neighborhoods.
Updates animal keeping standards to make them easier to apply and enforce and to allow for a wider variety of pets on smaller lot sizes.
Comprehensive update to general design provisions and design provisions by development type. Revisions to the Zoning Map for consistency with the General Plan and Development Code and to implement the new Form-Based Zones.

COMMUNITY ENGAGEMENT:

PlanRC Engagement Process
A primary purpose of the Development Code update is for consistency with, and implementation of, the recently adopted General Plan, which reflects the vision and core values of the community. The City started PlanRC, the name for the General Plan Update process, in January 2020. Throughout the nearly two-year process leading up to General Plan adoption, the City conducted a robust engagement effort with the public.

Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners,

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9 1
2 4
7 developers, and many more. As a city rich in its mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process.

Although in-person outreach was extremely limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. Engagement efforts prioritized determining values and ideas for the future of the city related to land use, housing, mobility, recreation, and economic development. There were several online surveys, events, and workshops that focused solely on community character, land use, and placemaking, which are implemented by the zoning and standards in the Development Code. Throughout the two-year process, PlanRC received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. The Development Code, in particular the Form-Based Code, is one of the implementing tools for the General Plan vision, and therefore reflects the ideas, values and input of the community.

Development Code Update Focus Group Meeting
In addition to the significant amount of community input received during the PlanRC process, staff also conducted a virtual Development Code Update Focus Group Discussion on November 3, 2021. This focus group meeting included Building Industry Association (BIA) members and several developers. The intent of the meeting was to inform and engage key stakeholders about the Development Code update and collect feedback on the current code and opportunities for improvement.

Some input received from stakeholders that were addressed in the development code included suggestions for lower guest parking requirements, allowing for shared parking between uses in mixed use areas and flexibility in design for accommodating parking as well as recommendations for future development of parking management plans. In addition, stakeholders requested clear process requirements and objective standards that provide more certainty in desired outcome and streamlining in development review, and more flexibility in certain lot and site planning requirements without having to do a zone change or code amendment.

Planning Commission
On April 13, 2022, the Planning Commission held a study session on the Public Review Draft of the Development Code and subsequently on April 27, 2022, the Planning Commission conducted a public hearing on the proposed amendments. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments. The permanent ordinance will be considered at the May 18, City Council meeting.

ENVIRONMENTAL REVIEW:

In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Development Code Update against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum (Exhibit C of Ordinance 998) for the Development Code Update. Unlike an EIR, an Addendum is not required to be circulated for public review.

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10 1
2 4
7 FISCAL IMPACT:

The adoption of these new interim standards will facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity.

NEXT STEPS:

Upon adoption of this interim urgency ordinance to implement the General Plan, staff will be able to apply the updated Development Code, including the new Form-Based Code (Article VIII) to new development applications.

COUNCIL GOAL(S) ADDRESSED:

Enacting an urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more. Furthermore, this urgency ordinance supports the City Council’s goal of completing the General Plan and Housing Element.

ATTACHMENTS:

Attachment 1 - Ordinance No. 998

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ORDINANCE NO. 998

AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING

AN INTERIM DEVELOPMENT CODE AND OFFICIAL CITY OF

RANCHO CUCAMONGA ZONING MAP, AND DECLARING THE

URGENCY THEREOF, AND APPROVING AN ADDENDUM TO A

CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND

ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION

THEREWITH

THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Legislative Findings.

A. On December 15, 2021, the City Council adopted Resolution 2021 - 132, adopting environmental findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.), certifying a Final Program Environmental Impact Report for the 2020 PlanRC General Plan Update (SCH # 2021050261), adopting a statement of overriding considerations, and adopting a Mitigation Monitoring and Reporting Program. On that same date, the City Council adopted Resolution 2021 -133, adopting the 2020 PlanRC General Plan Update, the 2021-2029 Housing Element, and a Climate Action Plan. The 2020 PlanRC General Plan Update is a comprehensive update to the City’s General Plan that serves as the City’s blueprint, or constitution, for future development.

B. Government Code Section 65860(a) requires that city zoning ordinances must be consistent with the general plan of the city and are deemed consistent only if (1) the city has officially adopted a general plan, and (2) the various land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the general plan. Government Code Section 65680(c) further provides that in the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan the zoning ordinance must be amended within a reasonable time so that it is consistent with the general plan as amended.

C. The City’s Development Code, as set forth in Title 17 of the Rancho Cucamonga Municipal Code, implements General Plan policies through detailed zoning regulations. The City’s Development Code became inconsistent with the 2020 PlanRC General Plan Update upon the City Council’s adoption of the 2020 PlanRC General Plan Update. Specifically, the Development Code is inconsistent with the intent of the character-based General Plan Land Use Designations, and does not contain the necessary standards to implement the General Plan vision for walkable, mixed -use places.

Attachment 1

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D. The City Council’s adoption of the 2020 PlanRC General Plan Update has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the City. Staff’s review of these projects under Development Code standards that are inconsistent with the 2020 PlanRC General Plan has the potential to impact the health, safety, and welfare of residents in the City. This is because the City may not be able to make the necessary findings to consider a proposed development project that is consistent with applicable provisions of the updated General Plan, but nevertheless inconsistent with applicable provisions of the existing Development Code that are intended to implement the City’s General Plan. The City could be in the untenable position of denying projects that are otherwise consistent with the updated General Plan and further the City’s planning and development vision. In addition, this inconsistency could have the unintended consequence of limiting the City’s ability to approve new residential units at a time when the State has declared a housing crisis. As a result, the City Council finds that there is an immediate need to establish interim Development Code regulations for pending and future development projects that are consistent with the 2020 PlanRC General Plan in order to protect the public health, safety, and welfare while it studies permanent Development Code regulations for consistency with and implementation of the 2020 PlanRC General Plan. The interim Development Code will codify the community’s vision as established in the 2020 PlanRC General Plan process, increase certainty in the development review process, and facilitate implementation of key 2020 PlanRC General Plan concepts related to land use and urban design, including the implementation of a Form-Based Code and the adoption of objective design standards for multi-family residential and mixed-use development projects. E. The City intends to study and develop permanent Development Code regulations for consistency with and the implementation of the 2020 PlanRC General Plan. Given that the City Council adopted the 2020 PlanRC General Plan on December 15, 2021, the City will not be able to complete the process of developing and adopting such permanent regulations within the reasonable time required by Government Code Section 65680 and without impacting processing times for currently proposed development projects. Thus, the City Council desires to adopt an interim urgency ordinance that will take effect immediately in order to ensure that existing and prospective development projects are not unreasonably impacted or delayed in processing while permanent regulations are studies and prepared. F. The purpose of this Interim Urgency Ordinance is to establish an interim Development Code and an updated official City Zoning Map that are consistent with and implement the recently adopted 2020 PlanRC General Plan. SECTION 2. Authority. Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses and development that may be inconsistent with the forthcoming Development Code update. In order to ensure that

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uses and development are consistent with the forthcoming Development Code, the City Council is adopting an interim Development Code regulations and an updated official City Zoning Map that are consistent with and implement the recently adopted 2020 PlanRC General Plan as the City Council further considers and studies, within a reasonable period of time, the City’s zoning regulations and classifications for consistency with the 2020 PlanRC General Plan. SECTION 3. Urgency Declaration and Findings. The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare caused by existing Development Code standards and zoning classifications that are inconsistent with the recently adopted 2020 PlanRC General Plan, which threat will significantly limit the City’s ability to process existing and prospective development projects. As described in Section 1 of this Interim Urgency Ordinance, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, development in the City that is inconsistent with the 2020 PlanRC General Plan could threaten the health, safety and welfare of the community through negative impacts. The City Council finds and determines that there is an immediate threat to public health, safety, or welfare if the City does not have zoning regulations and classifications that are consistent with and implement the new 2020 PlanRC General Plan. The adoption of this Interim Urgency Ordinance will allow City staff to continue to review and process development project applications pursuant to the regulations set forth in the Interim Development Code and official City Zoning Map and in a manner that is consistent with the 2020 PlanRC General Plan. Therefore, it is necessary that this Interim Urgency Ordinance take effective immediately upon adoption. SECTION 4. Interim Development Code. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits any uses or development that are not consistent with the interim Development Code, attached hereto as Exhibit “A,” which amends Title 17 of the Rancho Cucamonga Municipal Code in its entirety as set forth in Exhibit “A.” During the term of this Interim Urgency Ordinance, the City Council hereby declares that the following planned unit developments, specific plans, community plans, and master plans shall not be applied to any uses or development: (1) Etiwanda Highlands Planned Unit Development (EH) 1988; (2) Etiwanda North Specific Plan (NESP) 1992; (3) Etiwanda Specific Plan (ESP) 1985; (4) Terra Vista Community Plan (TCVP) 1983; (5) Town Square Master Plan (TS) 2002; (6) Victoria Arbors Master Plan (VA) 2002; and (7) Victoria Community Plan (VCP) 1981. Further, the City Council hereby prohibits any uses or development that are not consistent with the revised boundaries of the Empire Lakes Specific Plan (ELSP) 1994, as set forth in Exhibit “B,” and which specific plan which will be renamed as “The Resort Specific Plan.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that

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is inconsistent with the provisions of this Section 4 shall be approved during the term of this Interim Urgency Ordinance. SECTION 5. Interim Official Zoning Map. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits and uses and development that are inconsistent with the interim Official Zoning Map, as depicted in Exhibit “C” attached hereto, and directs the Planning Director to revise the official City of Rancho Cucamonga Zoning Map consistent with Exhibit “C.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that is inconsistent with the provisions of this Section 5 shall be approved during the term of this Interim Urgency Ordinance. SECTION 6. CEQA. The City Council of the City of Rancho Cucamonga hereby makes the following environmental findings and determinations in connection with the adoption of this Urgency Ordinance: A. On December 15, 2021, the City Council adopted Resolution No. 2021-132 certifying a Final Program Environmental Impact Report prepared for the City’s adoption of the 2020 PlanRC General Plan Update (SCH # 2021050261), a update of the City’s General Plan, and adopted findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (“Certified FPEIR”). B. An Addendum to the Certified FPEIR for the 2020 PlanRC General Plan Update was prepared for the adoption of the interim Development Code pursuant to CEQA and State CEQA Guidelines Section 15164. C. The City Council has reviewed the Addendum to the Certified FPEIR, along with the Certified FPEIR and, in the exercise of its independent judgment, concludes that the Addendum accurately describes the environmental ramifications of adopting the interim Development Code. D. The City Council finds, based on the evidence in the record, including the Addendum, that the interim Development Code does not require supplemental or subsequent environmental review because the interim Development Code (i) is not a substantial change to the implementation programs for the Development Code set forth in the 2020 PlanRC General Plan Update analyzed under the Certified FPEIR that would require major revisions to the previously Certified FPEIR, (ii) is not a substantial change in the circumstances under which the 2020 PlanRC General Plan Update, including the implementation programs for the Development Code discussed therein, is being undertaken that would require major revisions to the Certified FPEIR, and (iii) does not constitute new information of substantial importance that was not known at the time the FPEIR was certified.

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E. If the interim Development Code is adopted by the City Council, the impacts associated with the adoption of the interim Development Code would be the same or less than those identified for the 2020 PlanRC General Plan Update in the Certified FPEIR, for the reasons set forth in the Addendum. F. The City Council, exercising its independent judgment after considering the administrative record, hereby adopts the Addendum to the Certified FPEIR, attached hereto as Exhibit “D,” reaffirms the findings adopted as part of the FPEIR certification and set forth in Resolution No. 2021-132 as remaining applicable to the interim Development Code. G. The custodian of records for the documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, including, but are not limited to, the staff reports for the interim Development Code, all of the materials that comprise and support the Addendum to the Certified FPEIR and all of the materials that support the staff reports for the interim Development Code, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim Urgency Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. Effective Date; Approval and Extension of Ordinance. This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Interim Urgency Ordinance as provided in Government Code Section 65858. SECTION 9. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law.

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PASSED, APPROVED, AND ADOPTED this 4th day of May, 2022, by the following vote to wit: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) L. Dennis Michael, Mayor ATTEST: _________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: _________________________________ Nicholas R. Ghirelli, City Attorney

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Exhibit A Interim Development Code A full copy of the Interim Development Code is Available online at: Public Review Draft Development Code (Title 17)

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Exhibit B Revised Specific Plan Boundaries for The Resort Specific Plan

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Exhibit C Interim Official Zoning Map An electronic copy of the Interim Official Zoning Map available online at: Interim Zoning Map

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Exhibit D Addendum to the Certified FPEIR (SCH# 2021050261) See attached EIR Addendum

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March 2022 | General Plan EIR Addendum

ADDENDUM TO THE GENERAL PLAN EIR
SCH No. 2021050261

FOR THE

INTERIM DEVELOPMENT CODE/ZONING

STANDARDS
City of Rancho Cucamonga
Prepared for:

City of Rancho Cucamonga
Contact: Jennifer Nakamura
Deputy Director of Planning
10500 Civic Center Drive
Rancho Cucamonga, California 91730
909.477.2700

Prepared by:

PlaceWorks
Contact: Mark Teague, AICP, Managing Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA
Table of Contents
March 2022 Page i
Section Page

1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ............................................................... 3

1.1 BACKGROUND .................................................................................................................................................... 3

1.2 PURPOSE OF AN EIR ADDENDUM ........................................................................................................... 3

1.3 PROJECT DESCRIPTION ................................................................................................................................. 5

1.4 GENERAL PLAN EIR ........................................................................................................................................ 9

2. CEQA ANALYSIS ............................................................................................................................ 1

2.1 ENVIRONMENTAL ANALYSIS ..................................................................................................................... 1

2.2 FINDINGS ............................................................................................................................................................. 1

Tables Page
TABLE 1 SPECIFIC PLANS AND MASTER PLANS REVISED OR REPEALED WITH ZONING CODE UPDATE ................................................................................................................................................................. 6 TABLE 2 TABLE 2. GENERAL PLAN MODIFY EXISTING ZONING .............................................................. 9

Figures Page

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Page ii March 2022
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1. Addendum to the Adopted General Plan EIR

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1. Addendum to the Certified General Plan EIR

1.1 PURPOSE
This document serves as the environmental documentation for adoption of the Interim Development Code (project, proposed project) and Zoning Map to be in compliance with the General Plan. This document is an addendum to the General Plan Environmental Impact Report (EIR), certified on December 15, 2021 (State Clearinghouse Number 2021050261), which demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions described in the California Environmental Quality Act (CEQA) Guidelines, Section 15162, exist and preparation of a subsequent EIR or negative declaration is not necessary.

1.2 BACKGROUND
On December 15, 2021, the Rancho Cucamonga City Council certified the environmental impact report and adopted the updated General Plan for the City of Rancho Cucamonga (City). The General Plan is the City’s blueprint, or constitution, for future development. The General Plan documents the City’s long-range vision and established clear goals, objectives, and actions to guide the community through the next 20 years.

While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the development code implements general plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, State law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time.

The current development code is not consistent with the intent of the character-based General Plan Land Use Designations and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. As a result, proposed Interim Development Code is designed to implement the Land Use Designations in the General Plan, including the addition of form-based code components for the new mixed- use place types established in the General Plan. As the City is under development pressure to implement the newly adopted General Plan, t he adoption of the Interim Development Code as an urgency ordinance will allow the City to begin implementing the General Plan immediately.

1.3 Purpose of an EIR Addendum
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously certified EIR are necessary, but none of the conditions enumerated in CEQA Guidelines

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CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

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Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously foun d not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would not trigger any of the conditions outlined in CEQA Guidelines Sections 15162(a)(1) to (3) because these changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects r equiring major revisions to the General Plan EIR. The following analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the project.

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or addi tions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR
March 2022 Page 5
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary o r none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

A copy of this a ddendum, and all supporting documentation, may be reviewed or obtained at the City of Rancho Cucamonga Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730.

1.4 PROJECT DESCRIPTION
The proposed project is to adopt an Interim Development Code to implement the Land Use Designation in the General Plan as an urgency ordinance. The Interim Development Code contains provisions to ensure that land development is consistent with the policy direction of the General Plan. As the current Development Code was comprehensively updated in 2012, the recommendations included in the proposed project include amendments to standards and requirements within the existing structure and format of the Code (Development Code Update City of Rancho Cucamonga, page 3). These recommendations include topics such as General Plan Implementation and General Code Issues, Mixed-Use and Multi-Family Objective Design Standards, and Specific Plan and Master Plan Analysis. The fundamental elements of the Development Code update are:
• Integrating and modifying the form-based and conventional zones. • New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors.
• Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. • New objective design standards for multi -family residential and mixed -use development projects to respond to changes in state law and facilitate housing production. • Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Development Code.

The implementation of the General Plan is generally managed by the Development Code (Title 17 of the Rancho Cucamonga Municipal Code). The Development Code includes zoning districts consistent with the General Plan and applies development standards to each zoning district that guide site layout, key design elements, and development intensity. The proposed project also includes objective design standards for mixed used and multi-family development as form-based elements that will be applied to base zoning districts.

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1. Addendum to the Adopted General Plan EIR

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As shown below in Table 1. Specific Plans and Master Plans Revised or Replaces with Interim Zoning Code Update and referenced in the General Plan EIR (Land Use and Planning, page 5.11-16), several of the existing plans in the city would be reappealed and changed to comply with the n ew standards of the Interim Development Code Update.

Table 1. Specific Plans and Master Plans Revised or Repealed with Interim Zoning Code Update Plan/Year Adopted or Amended Notes on Review
Empire Lakes Specific Plan (ELSP) (Also
referred to as IASP Sub -Area 18 Specific
Plan) 1994 adopted/2016 last revised
Amend the ELSP boundary to cover area as required by the Development Agreement, with those regulations, requirements, and standards remaining in place.

The remaining ELSP areas will be regulated by policy and standards in the General Plan Update. Areas regulated by the General Plan Update will be implemented with the citywide code (including new form-based districts, and design standards).

Etiwanda Highlands Planned Unit
Development (EH) 1988
Repeal – Develop two new zone districts (e.g., VL - EH 9000 and VL -EH 14000) to regulate this area, consistent with the standards in the existing Planned Unit Development (PUD). Standards not regulated by the PUD would be regulated in the new zone districts. All other standards and procedures applicable to the VL District would apply to the VL-EH Districts.

Etiwanda North Specific Plan (NESP) 1992 Repeal – A portion of this Plan area was amended and now regulated by the Etiwanda Heights Specific Plan. The portion identified for low density residential can be regulated by the existing Low Residential District standards. The remaining area will be regulated by the Traditional Neighborhood Land Use Designation and subsequent zoning district and the zoning that replaces the Etiwanda Highlands Planned Unit Development (see above).

Etiwanda Specific Plan (ESP) 1985
adopted/2000 last revised

Repeal – A small area will be regulated by the new form-based zoning district based on General Plan placetype. Regulate the Very Low density area with the existing Very Low Residential District. Create new zone districts to regulate the remaining areas consistent with the standards in the Specific Plan.

Terra Vista Community Plan (TCVP) 1983
adopted/1995 last revised
Repeal – The Plan Area along Foothill Boulevard will be regulated by the new form - based zoning district based on the General Plan Update.

The remaining area is a combination of Low Medium , Medium, Medium High, and High zoning districts. Create new zone districts to regulate the remaining areas consistent with the standards in the TCVP .

Town Square Master Plan (TS) 2002 Repeal – This area to be regulated by policy and standards in the General Plan Areas regulated by the General Plan will be implemented with the citywide code (including new form-based districts, and design standards, as applicable).

Victoria Arbors Master Plan (VA) 2002 See VCP below. Victoria Arbors Master Plan overlaps with the VCP .

Victoria Community Plan (VCP) 1981 Repeal – A portion will be regulated by the applicable new form-based zoning district based on General Plan placetype. For the remainder, the existing Low and Low Medium Residential zoning districts will be applied based on the designation in the VCP . The Mixed Use overlay will also be deleted as part of this effort.

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CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR
March 2022 Page 7

The Interim Development Code update includes modifications to existing zoning districts as well as new zoning districts with form-based code components. Table 2, General Plan Modifying Existing Zoning Districts, displays the following recommended zoning districts to implement each of the General Plan land use designations and if modifications or new zoning districts are needed (Interim Development Code Update, 5). Recommendations to implement the General Plan and create new zones to implement the new mixed -use land use designations are provided in Section 2.B of the Interim Development code update (Interim Development Code update, 5).

Other changes to existing zoning districts may be reco mmended based on an assessment of General Plan policies in Appendix A of the Interim Development Code update. Appendix A is used to identify inconsistencies between the General Plan and the City’s Development Code and provide recommendations to resolve those inconsistencies (Interim Development Code Update, A-1).

The Interim Development Code will facilitate development in zoned properties and bring them into compliance with the General Plan. While zoning districts will change, the development potential and impacts are already addressed in the General Plan EIR. In most cases, there are development standards for any new permitted use that would not be subject to CEQA review. However, development policies, programs, ordinances, and permits that define the development process would still apply.

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

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Table 2. General Plan Modify Existing Zoning
General Plan Land
Use Designation
Implementing Zone Recommendation
Neighborhood Place Type
Semi-Rural
Neighborhood
Very Low Residential (VL) Modify to allow multi -family, civic and neighborhood serving commercial consistent with
General Plan
Traditional
Neighborhood
TBD Discuss with City the possibility of modification of EHNCP Zones to apply Requires additional
microscale analysis in residential areas
Suburban
Neighborhood –
Very Low
Low (L) and/or Low Medium
Residential (LM)
Modify maximum allowed density consistent with
General Plan consistent with General Plan
Suburban
Neighborhood-
Moderate
High Residential (H) Modify to ensure limited neighborhood commercial uses allowed consistent with General Plan
Urban
Neighborhood
FBC: Urban Center New Zone consistent with General Plan Corridor Place Type
Neighborhood
Corridor
FBC: Neighborhood General New Zone consistent with General Plan City Corridor -
Moderate
FBC: General Urban New Zone consistent with General Plan City Corridor – High FBC: Urban Corridor New Zone consistent with General Plan District Place Type
21st Century
Employment
District
FBC: General Urban New Zone consistent with General Plan Office Employment
District
Office Professional (OP) and
or Commercial Office (CO)
combination
Modify to allow mixed use, multi -family, increase
height/density, and reduce setbacks consistent with
General Plan

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CITY OF RANCHO CUCAMONGA
Addendum to the Adopted General Plan EIR
March 2022 Page 9

1.5 GENERAL PLAN EIR
The General Plan EIR found that, with the implementation of policies and actions from the General Plan and mitigation measures identified in the EIR, there would be less than significant impacts related to aesthetics, energy, geology and soils, hazardous materials, hydrology/water qualit y, land use/planning, mineral resources, population/housing, public services, recreation, tribal cultural resources, utilities and se rvices, and wildfire. As the proposed project is intended to align the Development Code and Zoning map with the General Pla n, implementation of policies and actions from the General Plan and mitigation measures identified in the EIR would have the same mitigating effect under the Interim Development Code and impacts would also be less than significant.

Table 3 lists the significant and unavoidable impact determinations of the General Plan EIR and compares the resulting impacts of the proposed project to those determinations. The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to agriculture/forest resources, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation. As described below, the proposed project would be within the scope of analysis of the General Plan update identified in the EIR. The proposed project would incorporate all applicable General Plan policies and implementation measures for significant and unavoidable impacts identified in Table 3 and would not create a new significant impact or a substantial increase in the severity of previously identified effects.

Table 3: General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Agriculture and Forest Resources Impact 5.2 -1: The proposed project would convert Farmland to non - agricultural uses but would not result in the conversion of forest land to non-forest uses. [Thresholds AG-1 and AG-5]

The proposed project would not allow development of land that was not considered for development under the General Plan. While current vineyards and orchards would be converted into urban uses as part of future anticipated development, they would not impact land not considered for development in the General Plan EIR. There proposed project would not have an effect in forest lands because there are no lands that qualify as forest or timberland.

Air Quality Impact 5.3-2: The proposed project would cause construction-generated criteria air pollutant or precursor emissions to exceed South Coast AQMD-recommended thresholds. [Threshold AQ-2]

Impact 5.3-3: The proposed project would result in a net increase in long- term operational criteria air pollutant and precurs or emissions that exceed South Coast AQMD -recommended thresholds. [Threshold AQ- 2]

Impact 5.3-5: The proposed project would expose sensitive receptors to substantial increases in toxic air contaminant emissions. [Threshold AQ- 3]
The General Plan Update would accommodate future development of single -family and low -rise multifamily residential, retail, hotel, office, art/entertainment/recreation, and industrial land uses. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

The future development and other physical changes that could result from implementation of the Interim Development Code would generate construction- related emissions of criteria air pollutants and precursors. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementati on of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

The implementation of the Interim Development Code could result in exposure of sensitive receptors due to construction-related TAC. However, the proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

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CITY OF RANCHO CUCAMONGA

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Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Biological Resources Impact 5.4 -1: Buildout of the proposed Land Use Plan would impact sensitive plant and animal species known to occur in the City of Rancho Cucamonga. [Threshold B-1]
Implementation of the Interim Development Code could impact special status vegetation or special status wildlife in the city. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts ass ociated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Cultural Resources Impact 5.5-1: Buildout of the City of Rancho Cucamonga General Plan could impact historic resources. [Thresholds C-1]

Implementation of the Interim Development Code could adversely impact some of these historic resources. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Greenhouse Gas Emissions Impact 5.8 -4: The proposed project would be inconsistent with the State’s ability to achieve the long- term reduction goals or Executive Orders S-3-05, B-30-15, and B-55-18. [Threshold GHG-2]
Implementation of the Interim Development Code could result in the generation of greenhouse gases .

However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Noise Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the future development under the General Plan. [Threshold N-1]

Impact 5.13 -2: Project implementation could generate a substantial permanent increase in traffic noise levels at noise-sensitive land uses in excess local standards. [Threshold N-2]

Impact 5.13-4: Expose new sensitive land uses to noise levels in excess of the noise compatibility standards identified in 2040 General Plan Noise Element Table N-1. [Threshold N-4]

Impact 5.13- 5: Future development under the General Plan could generate short-term construction vibration or exposure to new sensitive land uses to long- term operational vibration sources that exceed City thresholds. [Threshold N-5]
The City has established standards for acceptable noise levels in Section 17.66.050 that are consistent with the Development Code update. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Traffic noise modeling was conducted for existing (2021) and future (2040) conditions using traffic data generated for the 2040 General Plan, which was based on anticipated land use development contemplated under buildout conditions through 2040. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

New development associated with the 2040 General Plan could potentially be near existing roadways and existing or future planned railroads. Because the proposed project wou ld not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Implementation of standard condi tions of approval 5.13 -5b and 5.13- 5c, which require project -specific vibration analyses to evaluate vibration exposure from nearby transit sources and evaluation of potential vibration impacts from new transit projects would still be required under the Interim Development Code.

Therefore, noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

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Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Transportation Impact 5.17-2: The project may be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) regarding policies to reduce VMT. [Threshold B-2]
Implementation of the Interim Development Code could result in changes to the vehicle miles traveled by residential and non-residential development in the City. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and VMT -related impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR
..

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2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety , and noise. As previously described in Section 1.4 and referenced in Table 3, the General Plan EIR addresses potentially significant impacts related to agriculture and forestry, air quality, cultural resources, greenhouse gas emissions, noise, and transportation. The policies of the General Plan and the existing development standards apply to all development in the General Plan and would continue to apply to the land that is the subject of the proposed project.

The proposed zoning changes are intended to align the City’s Municipal Code and Zoning Map with the land use designations and policies and implementation measures with the General Plan and will replace or amend specific plans and master plans previously adopted. Therefore, these changes would not result in significant changes to the existing land uses and or development standards as compared to that analysis in the General Plan EIR. The modification to the specific and ma ster plans in the General Plan EIR is consistent with the specific design standards and guidelines in the Development Code upda te (Development Code Update, Appendix-H).

The General Plan EIR anticipates growth in focused areas of the community that are already designated for development (Project Description, 3-2). The Land Use & Community Character in Section 5.11 Land Use and Planning details policy changes for different place types. These focus areas will increase housing and building intensity as well as create more urban spaces (Land Use and Planning, 5-11-7). The General Plan EIR suggests Volume 4 Implementation Strategy recommends policy change in the development code changes. (Project Description, 3-3)
Chapter 3, Project Description of the General Plan EIR, considers anticipated growth for existing and proposed General Plan Designation as listed in Table 2. General Plan Modify Existing Zoning. The Land Use Designations listed in Table 3-2 Existing and Proposed Land Use Designations of the General Plan EIR display density ranges for mix of existing land use designations that will comprise the new place type; these density ranges are consistent with the recommendations listed in proposed Interim Development Code update (Project Description, 3-6).

2.2 FINDINGS
The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the certification of the General Plan EIR. As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impa cts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162

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requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in CEQA Guidelines Section 15162 as they relate to the project.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The proposed project will align the new zoning districts as shown in the Interim Development Code update with the l and use designations including the addition of form- based code components and mixed-use place type descriptions assumed in the General Plan EIR . The proposed changes are consistent with the General Plan as evaluated in the General Plan EIR. Therefore, the updates to the Development code would not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substa ntial increase in the severity of previously identified significant effects.

2. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that the project will have one or more significant effects not discussed in the previous EIR.

The policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect to reduce or eliminate environmental impacts as disclosed in the General Plan EIR. The amendments to the Development Code were discussed in the General Plan EIR, and there is nothing in the proposed project that was not known and could not have been known at the time the General Plan EIR was certified demonstrating that the project would have one or more significant effects not discussed in the EIR. Therefore, no new impacts would occur because of future development. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the resulting impacts would be the same as those disclosed in the certified General Plan EIR.

3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that s ignificant effects previously examined will be substantially more severe than shown in the previous EIR.

Implementation of the proposed project would have the same significant impacts as those disclosed in the General Plan EIR. The General Plan policies and implementation measures identified in the General Plan EIR to reduce physical environmental effects would apply to all new development. These policies would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR . There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR.

4. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found

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not to be feasible would in fact be feasible and would substantially r educe one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project will align the zoning districts in the City of Rancho Cucamonga with the General Plan Land Use Map as evaluated by the General Plan EIR. All policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR and, therefore, would not substantially change the conclusions of the EIR or require new mitigation measures.

5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that m itigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project changes would not result in an increase of overall development intensity and the resulting impacts would be the same as those disclosed in the certified General Plan EIR. Therefore, no new mitigation measures or alternatives to the proposed project would be required.

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Rancho Cucamonga City CouncilMay 4, 2022

Rancho Cucamonga City Council
May 4, 2022