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

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6. Encumbrance. DXE may, at any time and from time to time, encumber to any bank, insurance company or other institutional lender, herein called “Mortgagee,” by one or more deeds of trust (the “ Security Instrument”), all of DXE’s interest under this Agreement and the interest created hereunder provided that (i) such Security Instrument is subject to the terms of this Agreement and all interests of the City hereunder, (ii) such Security Instrument shall not constitute in any way a lien or encumbrance on the City’s interests, and (iii) the Security Instrument shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to City as the successor to the righ ts and obligations of DXE under this Agreement unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other assignment, action or reme dy, nor shall a Mortgagee be liable for any defaul ts that occur after it conveys its interest in the property associated with the Easement hereunder.

7. Ownership of Improvements. All Improvements shall be owned by DXE during the duration of this Agreement, and upon the termination of this Agreement, shall become the sole property of City without compen sation to DXE, or, if City so elects and upon written notice to DXE within ninety (90) days of termination, shall be demolished and removed by DXE from the Easement Area at DXE’s sole expense in a reasonable time period. If City has not provided written notice within such ninety (90) day period, DXE sh all provide written notice of the termination to City. If City does not respond within thirty (30) days of delivery of such written notice, then DXE shall have no obligation to remove the Improvements. The foregoing (and defense and indemnity obligations of DXE under this Agreement) shall survive the te rmination of this Agreement.

Nothing herein affects City’s rights or remedies as a governmental entity, such as the right to cause DXE to abate a nuisance, and in connection ther ewith, remove Improvements (if City has such a right as a governmental entity under applicable law). For the avoidance of doubt, the City acknowledges and agrees that the construction and operation of the HSR System in accordance with this Agreement and applicable law is not a nuisance.

8. Waiver and Release. DXE expressly waives, releases and relinquishes any and all claims, causes of action, rights and remedies DXE may now or hereafter have against City, and its officials, officers, employ ees, consultants, attorneys and agents (collectively, “ City Entities”), whether known or unknown, arising prior to the date of this Agreement and relating to the condition of the Easement Area or Milliken Avenue, and all claims of contribution and reimbursement for costs of reme diating Hazardous Materials (d efined in Section 10 below) released or existing prior to the date of this Agreement in, on or near the Easement Area.

DXE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“ SECTION 1542 ”), WHICH IS SET FORTH BELOW:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RE LEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”

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BY INITIALING BELOW, DXE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
___________
DXE’s Initials
The waivers and releases by DXE contained herein shall survive the termination of this Agreement and shall be binding upon the assignees, transferees, and successors-in-interest of DXE.

9. Utilities. As between DXE and the City, any required relocation of a utility that interferes with DXE’s project within the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Drivew ay is located) is the sole responsibility of DXE. Upon written request by DXE, City will provide utility contact information known to City and make its right-of-way utility staff available (on a reimbursable basis) for meetings with third- party utility owners to help facilitate DXE’s property access and construction and maintenance activities.

10. Hazardous Materials.
(a) DXE covenants that it will not handle or transport Hazardous Materials in the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) except for removal, transportation and disposal in compliance with laws regarding excavated soils that are or may be contaminated with Hazardous Materials. As used in this Agreement, the term “ Hazardous Materials” means: (a) any substance, products, waste, or other material of any nature whatso ever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance A ccount Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California H ealth and Safety Code Section 25501 et seq. (Hazardous Materials Release Respons e Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are he reinafter collectively referred to as “ the State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which ma y give rise to liability under any of the above statutes or under any statut ory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liab ility or under any reported decisions of a state or

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federal court; (c) petroleum or crude oil, othe r than petroleum and petroleum products which are contained within regularly opera ted motor vehicles or passenge r trains; and (d) asbestos.

Notwithstanding the foregoing, DXE may handle and transport Hazardous Materials normally and customarily used in the development, construc tion and operation of ra ilroad infrastructure, including passenger stations, that are used, stored, transported and disposed of in accordance with all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or restrictions of record. As an example only, train infrastruct ure typically entails refueling maintenance vehicles or using cleaning supplies for routine maintenance. (b) DXE further agrees that at City’s request it will furnish City with proof, satisfactory to City, that DXE is in compliance with all such laws, rules, regulations, orders, decisions and ordinances regarding Hazardous Materials. (c) Notwithstanding anything else containe d in this Agreement, DXE shall indemnify, defend and hold harmless City from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to injuries to any person, including wrongful death, or damage to property, including without limitation, property of City and DXE, or otherwise (including without limitation reason able attorneys’ fees, investigators’ fees, litigation expenses, and mitigation costs) resulting in whole or in pa rt from DXE’s failure to comply with DXE’s obligations under this Agreement with respect to Hazardous Materials, provided, however, that the foregoing shall not apply to releases of Hazardous Materials by City Entities’ active negligence or willful misconduct or to Hazardous Materials not brought onto the Easement Area (as modified to include and later exclude the portion of the 20 F oot Area on which the Driveway is located) by DXE or its contractors. DXE agrees to reimburse City for all reasonable costs of any kind incurred as a result of the DXE’s failure to comply with this Section, including, but not limited to, judicial or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of DXE’s handling, transporting, or disposing of Hazardous Materials on, over, or across the Improvements and or Milliken Avenue or adjacent property. (d) City shall have the right at any time to inspect the Improvements in order to monitor DXE’s compliance with this Agreement.

11. Insurance. DXE shall obtain and maintain insurance, at its sole cost and expense, as required in Exhibit “C” attached hereto.

12. Indemnity. DXE shall defend, indemnify and hold City and its officials, officers, agents, employees and contractors free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losse s, damages or injuries of any kind in law or equity, to persons or property, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of DXE, its partners, affiliates, agents officials, officers, employees or contractors in performance of this Agreement, use of the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) or the construction, use, or operation of the Improvements or the failure to comply (or failure of its contractor s to comply) with Califo rnia Labor Code Secti on 1720 et seq., including without limitation Labor Code Section 1781. DXE shall further defend, indemnify and hold harmless the City and its officials, officers, agents and employees fr om all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings (brought against the City or its

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departments, commissions, agents, officers, official s, or employees to challenge, attack seek to modify, set aside, void or annul any City decisi on made in connection with this Agreement or DXE’s use of the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) (based on noncompliance with the California Environmental Quality Act or otherwise). DXE shall defend, with counsel reasonably acceptable to City and at DXE’s sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be brought or instituted against City, its officials, officers, agents, employees or contractors. DXE shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, agents, empl oyees or contractors. DXE shall reimburse such parties for any and all legal expenses and costs in curred by one or all of them in connection with this Agreement or the indemnity herein provi ded. DXE’s obligations hereunder shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, agents or, employees or contractors.

13. Covenant Running With Land . This Agreement shall be deemed a covenant running with the land with respect to the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located), burdening said Easement Area and benefitting the real property interests associated with the HSR System. All of the covenants, obligations, and provisions of this Agreement sh all be binding upon and inure to the benefit of successors, legal representatives, assigns and succe ssors-in-interest to the Parties. Every person who now or hereafter owns or acquires any right, title, or interest in an d to any portion of said Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not reference to this Agreement is contained in th e instrument by which su ch person acquires an interest in said Easement Area. Therefore, eac h and every contract, deed or other instrument hereinafter executed, covering or conveying said Easement Area or any portion thereof or interest therein shall conclusively be deemed to have been executed, delivered and accepted subject to this Agreement.

14. Estoppel Certificates. Each of the Parties hereto agrees, promptly upon request from the other Party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in this Agreement and otherwise in a form and substance reasonably satisfactory to the Party from whom such certificate is sought.

15. Cooperation; Further Assurances. The Parties agree to execute any reasonable documents necessary to effectuate or protect a Party’s rights under this Agreement.

16. Attorneys’ Fees. In the event either Party brings a suit, action, or other proceeding against the other Party that in a ny way relates to or arises out of this Agreement, the prevailing Party (meaning the Party that obtains substantially the relief sought by it) shall be entitled to have and recover from the other Party all reasonable costs and expenses of the suit, action or proceeding, including attorneys’ fees, from the commencement of the suit, action or proceeding through the entry of judgment. The trial court shall determin e which Party is the prevailing Party as well as the amount of attorneys’ fees and costs to be awarded immediately following the entry of judgment (and without awaiting any appeal) in a post-trial proceeding, such as is conducted when a cost bill is submitted. If an appeal is timely filed and if the awarding or amount of attorneys’ fees and costs is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of

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the appellate court) shall determine such issue, and the recoverable attorneys’ fees and costs shall include those incurred through the entry of final judgment following the appeal.

17. Miscellaneous.
(a) Notices. All notices permitted or re quired under this Agreement shall be given to the respective Parties at the following addr ess, or at such other address as the respective Parties may provide in writing for this purpose:

DXE: DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.

Las Vegas, NV 89118
Attn: General Counsel
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
Such notice shall be deemed made when delivered by certified mail, return receipt requested, first class postage prepaid, or by reputable overnight messenger delivery service, and addressed to the Party at its applicable address a nd shall be deemed delivered on the date of delivery or refusal to accept or inability to effect delivery shown on th e return receipt, or on e (1) business day after delivery to the messenger service for overnight delivery, as applicable. (b) Entire Understanding. This Agreement constitutes the entire understanding between the Parties, and supersedes all offers, negotiations, and other agreements concerning the subject matter contained herein.
(c) Invalidity. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held in valid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(d) Successors and Assigns. This Agreemen t shall be binding on and inure to the benefit of the successors of the respective Parties. Except as set forth in Section 6 above, this Agreement may not be assigned by either Party without the prior written consent of the other Party. (e) Governing Law. Except on subject s preempted by federal law, this Agreement will be governed by and construed in accordance with the laws of the State of California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to DXE because of its status as a common carrier regulated by the federal government.
(f) Venue. Venue for any legal action between the Parties related to this Agreement will be in the Superior Court of San Bernardino County, California or the United States

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District Court, Central District Court of California. The judgm ent in any such action may be enforced by any court of competent jurisdiction wherever located. (g) Exhibits. All exhibits attached he reto form material parts of this Agreement.
(h) Time of Essence. Time is of the essence of every provision hereof in which time is a factor.
(i) Survival. All defense, indemnity, and payment obligations of DXE that arise or relate to events occurring prior to the termination of this Agreement shall survive such termination.
(j) Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, should any fire or other casualty, act of nature, earthquake, flood, hurricane (or tropical cyclone), lightning, tornado, epidemic, landslide , war, terrorism, riot, civil commotion, general unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or other occurrence beyond City’s or DXE’s control prevent performance of obligations relating to construction, repair, operati on, maintenance, or demolition of the Improvements under this Agreement in accordance with its provisions, provided that such event does not arise by reason of the negligence or misconduct of the performing party, (a “ Force Majeure Event ”) then performance of this Agreement by either party will be suspended or excused to the extent and for a period commensurate with such occurrence.
(k) Limits to Remedies. Under no circumstances shall either party be liable to the other party under this Agreemen t for any speculative, consequential, collateral, indirect or punitive damages or for any loss of profits suffered or claimed to have been suffered; provided, however, the foregoing prohibitions shall not prohibit the recovery of any direct damages.

18. Property Taxes, Including Possessory Interest Taxes . This Agreement creates a possessory interest that may be subject to posse ssory interest tax (a type of California property tax), and DXE shall pay any such possessory inte rest taxes that may be assessed. If the Improvements are taxed as an improvement on the Easement Area, DXE shall, upon demand, pay such taxes allocable to the Improvements, as de termined by the taxing authority. City shall cooperate and assist DXE, at no costs to City, in any efforts to obtain a separate assessment for the Improvements, including execu ting any reasonably required a pplications or reasonable documents. DXE shall pay when due all personal pr operty taxes levied against or relating to the Improvements.

19. Termination. If the City and/or SBCTA revests title to the fee property owned by DXE and described on Exhibit “D” attached hereto, this Agreement shall automatically terminate. [Signature Page Follows]

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The Parties have executed this Agreement as of the date first written above.

DXE:

DESERTXPRESS ENTERPRISES, LLC, a
Nevada limited liability company

By: _______________________________
Sarah Watterson
President
CITY:

CITY OF RANCHO CUCAMONGA,
a California municipal corporation
_______________________________
By: ____________________, Mayor

ATTEST:
______________________________
_________________, City Clerk
APPROVED AS TO FORM:

Nicholas Ghirelli,
City Attorney

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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evid ence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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State of California )
County of _____________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evid ence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT “A”
-1-

EXHIBIT “A”

DESCRIPTION OF EASEMENT AREA
[SEE ATTACHED]

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EXHIBIT ‘A’
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with those portions of Milliken Avenue, as shown on said Parcel Map No. 14647 and Parcel Map No. 7555 in said City, filed in Book 77, pages 42 and 43, of Parcel Maps, in the Office of the County Recorder of said County, together with the Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County described as follows:

Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map No. 14647; Thence along the easterly line of said Section 13 South 00°29’50” East 17.04 feet to the Point of Beginning;
Thence continuing along said easterly line South 00°29’50” East 32.96 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said northerly line South 00°00’00” West 311.62 feet; Thence North 89°36’24” East 45.54 feet to said easterly line of Section 13; Thence continuing North 89°36’24” East 28.02 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius of 2,058.70 feet, a line radial to said beginning bears North 73°05’58” West;
Thence northeasterly, along said curve an arc length of 379.13 feet through a central angle of 10°33’06” to the southerly SANBAG (formerly A.T. & S.F.) Railroad Right-of- Way, as shown on said Parcel Map No. 7555;

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Thence along said southerly line South 87°55’10” West 174.03 feet to the Point of Beginning.

Parcel contains 46,425 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

See Exhibit ‘A-1’ attached hereto and made a part hereof.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700).

Signature: ______________________
Sean M. Smith, PLS 8233
Date: ____________________
9/22/2022

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9/27/2022
A-1
 
 

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EXHIBIT “B”
-1-

EXHIBIT “B”
DESCRIPTION OF 20 FOOT AREA
[SEE ATTACHED]

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EXHIBIT ‘B’
Legal Description

APN: N/A

That portion of “Additional Widening to Milliken Avenue” shown on Parcel Map No. 7555, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 77, pages 42 and 43, of Parcel Maps, in the Office of the County Recorder of said County, described as follows:

Commencing at the northeast corner of Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map;

Thence along the easterly line of said Section 13 South 00°29’50” East 17.04 to the southerly line of A.T. & S.F. Railroad Right-of-Way as shown on said Parcel Map;

Thence along said southerly line North 87°55’10” East 174.03 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius 2,058.70 feet, a radial line to said beginning bears North 62°32’52” West, said beginning also being the Point of Beginning ;

Thence southwesterly, along said curve an arc length of 379.13, feet through a central angle of 10°33’06”;

Thence leaving said curve North 89°36’24” East 20.96 feet to the beginning of a non- tangent curve, concave southeasterly, having a radius of 2,038.70 feet, a radial line to said beginning bears North 72°55’27” West, said curve being concentric with and distant

20.00 feet southeasterly, as measured radially, to last said curve course;

Thence northeasterly, along said curve, an arc length of 380.57 feet, through a central angle of 10°41’44” to said southerly line;

Thence along said southerly line South 87°55’10” West 23.02 feet to the Point of Beginning .

Parcel contains 7,597 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

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See Exhibit ‘B-1’ attached hereto and made a part hereof.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700).

Signature: ______________________
Sean M. Smith, PLS 8233

Date: ____________________

9/27/2022

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9/28/2022
 
 

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EXHIBIT “C”
-1-

EXHIBIT “C”

REQUIRED INSURANCE
(a) Prior to Construction. On or before DXE’s entry onto the Easement Area, DXE shall procure and maintain, at its sole cost and expense, the following insurance:
(1) Commercial General Liability (CGL) w ith a limit not less than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate li mit of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 10. Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement and the location and placement of im provements within the Easement Area, unless caused by an Indemnified Party’s gross negligence or willful misconduct.

(b) Insurance During Construction. Prior to commencing physical construction within the Easement Area, DXE shall procure or caus e to be procured an d maintained throughout construction the following insurance coverage:

(1) Liability Insurance. Commercial Ge neral Liability (CGL) with a limit not less than three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($300,000,000) products and completed operations aggregate, and a general aggregate limit of not less than three hundred million dollars ($300,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with one reinstatem ent general aggregate limit for the period of the policy(ies) term. Such policies must be project-specific with dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms providing equivalent covera ge. All excess or umbr ella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must cover the Indemnified Parties as additional insureds usi ng ISO Additional Insured Endorsement CG 20 26 or 20 10 and accompanied by 20 37 or equivale nt forms with approval from City providing coverage to the additional insured for completed operation losses. Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified Party’s gross negligence or willful misconduct.

The policy or policies shall be endorsed to remo ve exclusions pertaining to any railroads.

There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Comp leted operations coverage must extend for as long as there is any exposure to liability under a st atute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations cove rage must extend for at least ten (10) years from the completion date of the Project. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL.

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EXHIBIT “C”
-2-

(2) Commercial Automobile Insurance. During all phases of the Project, DXE shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to opera tions in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases of the Project, DXE shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than tw enty-five million dollars ($25 ,000,000) for each accident. Such insurance must cover liability arising out of any auto (inc luding owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability.

(3) Workers’ Compensation and Employers Liability Insurance. During all phases of the Project, DXE shall provide evid ence of Workers’ Compensation insurance as required under California statute including coverage for Employer’s Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer’s liab ility coverage limits to at least twenty-five million dollars ($25,000,000) and can be satisfied by a combinati on of primary and excess and/or umbrella policies.

The workers’ compensation policies must provide the following:

a. A waiver of subrogati on in favor of City and the Indemnified Parties;

b. A provision extending coverage to all states’ operations;

c. A voluntary compensation endorsement;

d. An alternative employer endor sement, if applicable to DXE operations;

e. Coverage for liabil ity under the United States Longshore and Harbor Workers’ Compensation Act on an “if any” basis or as otherwise appropriate;

f. Coverage for liability under Title 46 of the U.S.C. § 688 (“Jones Act”) on

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an “if any” basis or as otherwise appropriate; and

g. An endorsement extendi ng the policy to cover the liability of the insureds under the Federal Employer’s Liability Act on an “if any” basis or as otherwise appropriate.

(4) Professional Liability Insurance. During all phases of the Project, DXE shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any pr ofessional services, in cluding without limitation engineering, architectural , or land surveying work required in constructing the Project on the Easement Area, procured, and maintained by thos e third parties performing such work for or on behalf of DXE. For the lead design contractor for the improvements in privity with DXE, the coverage must not be less than ten million dollars ( $10,000,000) per claim and in the aggregate.

For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For struct ural engineers and civil engineers relating to the Project, the coverage must not be less than five mill ion dollars ($5,000,000) per claim and in the aggregate. DXE shall also re quire any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of the Project, to obtain and maintain (and shall ensu re that they do obtain an d maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. DXE shall procure and maintain a project specific Owner’s Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against DXE by th ird-parties alleging neg ligence (arising from professional services of design firms).

No self-insured retention for DXE or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), unl ess commercially unavailable and without prior written approval from City, in its good faith discretion. Coverage must apply specifically to professional activities performed or contracted by DXE in support of the Project. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued.

DXE agrees to maintain or to require its desi gn professionals, subconsu ltants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting pe riod for no less than three year s after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and DXE shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after the commencement of revenue service or to purchase an extended reporting period for no less than three (3) years after the commencement of revenue service.

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(5) Contractor’s Pollution Liability. DXE shall procure or cause to be procured contractor’s pollution liability (“CPL”) coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Project. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or dispos al of contaminated soil, surfa ce water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-part y bodily injury and property damage, provided that the third-party property damage liability co verage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exace rbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water includi ng but not limited to a navigable waterway or for lead or asbestos . Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the es cape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, DXE shall furnish City evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured f acility accepting the materials, with coverage in minimum amounts of five milli on dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000).

(6) Railroad Protective Liability. DXE sha ll provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad’s consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed w ithin 50 feet of any railroad RO W. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from City, substitute form providing equivalent coverage ) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 20.2.1.7.

(7) Builder’s Risk Insurance. DXE sh all, upon commencement of construction and with approval of City, obtain and maintain a policy of builder’s risk insurance for the Project.

Coverage shall be written on an “all risk” ba sis and provided throu gh a stand-alone policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and SBCTA, and City.

Coverage must include property ow ned by City and the Indemnified Parties that is part of the Project and must not be limited by use of the phra se “as their interests may appear.” The policy must cover all property, roads, buildings, bridge structures, other structur es, fixtures, materials, supplies, foundations, pilings, machinery and equipm ent (excluding contractor’s equipment) that are part of or related to the por tions or elements of the Projec t, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for

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incorporation into the works located at the Easement Area, in storage or in the course of transit to the Easement Area and all improvements that are within the Easement Area.

The builder’s risk policy must include coverage for:

a. Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording;

b. Machinery accidents and operational testing involving equipment covered by the policy;

c. Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, fa cilities, fixtures and all other properties constituting a part of the Project;

d. Transit, including ocean marine c overage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item;

e. Replacement value of any property or equipment stored either on or off the Easement Area;

f. Coverage limits sufficient to insu re for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property:

• Collapse;
• Terrorism;
• Earthquake;
• Flood;

g. Plans, blueprints and specifications; and

h. Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits.

There must be no coinsurance pe nalty provision in any such policy. All deductibles or self-insured retentions must be the sole responsibility of DXE.

The policy must provide a “severability of interests provision,” “multiple insured’s clause” or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits.

DXE shall also require the general contract or and its subcontractors to procure and maintain (and shall ensure that they do procur e and maintain) coverage for tools and equipment

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owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract.

Upon completion of construction of the Project and prior to commencing operations of the Project within the Easement Area, DXE shall provide evidence of “all risk” property insurance covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by DXE pursuant to the terms hereof, which must include “all risk” coverage using the ISO Causes of Loss - Special Form or (with approval from City) its equivalent, as well as flood insurance, subject to applicable sub-limits for natural hazard exposures based on the probable maximum loss of such improvements.

(c) Insurance During Operations. Upon the commencement of revenue service operations, DXE shall procure and maintain, at its sole cost and expense, Commercial General Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount not less than three hundred twenty-three mi llion dollars ($323,000,000), or such other limit of liability as Congress may estab lish from time to time appli cable to DXE’s passenger rail operations. Such policy or policies must provide coverage to all Indemnified Parties as additional insureds. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000 must include one reinstatement limit for the period of the policy(ies) term.

(d) Self Insurance. The policy or policie s under which coverage required by this Agreement is provided may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that:

(1) Each insurance policy expressly provid es that the obligations of the policy issuer to City as an additional insured are not to be diminished in any way by DXE’s failure to pay its deductible or self-insured retention obligation for any reason;

(2) DXE provides a declaration under pena lty of perjury by a Certified Public Accountant (CPA) acceptable to City and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Ge nerally Accepted Accounting Pr inciples (GAAP) guidelines confirming that DXE has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all requi red insured policies are in excess of one million dollars ($1,000,000); and

(3) DXE promptly pays any and all amo unts due under such deductible or self- insured retention in lieu of insurance proceeds th at would have been payable if the insurance policies had not included a deductible or self-insured retention amount.

(e) Definition of “Self Insurance”. As used in this Agreement, “self insurance” means that DXE is itself acting as if it were the insurance company providing the insurance required under the provisions of this Agreement.

(f) Evidence of Insurance. In accordance w ith the insurance requirements above, DXE shall furnish evidence of insurance reasonably acceptable to City before DXE enters the Easement

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Area, before commencing physical construction of the Project within the Easement Area, and before the beginning of operations, as applicable . DXE shall provide City with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. DXE shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder’s risk policy, and the project-specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to DXE starting work on the Project, including all subseque nt renewal policies. Certificat es of insurance are required for all other lines of insurance. If, through no faul t of DXE, any of the coverage required becomes unavailable, DXE shall provide goo d faith alternative insurance p ackages and programs, subject to prior approval by City, with the goal of r eaching agreement on a package providing coverage equivalent to that specified herein.

(g) Additional Insured Coverage. All po licies, except those for Workers’ Compensation and Professional Liability insurance, must be endorsed by ISO Form CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name the Indemnified Parties as additional insureds. With respect to general liability aris ing out of or connected with work or operations performed by or on behalf of DXE under this Agr eement, coverage for su ch additional insureds must not extend to liabi lity to the extent prohibited by se ction 11580.04 of the Insurance Code.

The additional insured endorsement s must not limit the scope of c overage for City to vicarious liability but shall allow coverage for City to the full extent provided by the policy. (h) Waiver of Subrogation Rights. To the fu llest extent permitted by law, DXE hereby waives all rights of recovery under subrogation against the additional insureds named herein, and any other tenant, contractor, subcontractor or sub-subcontract or performing work or rendering services on behalf of City, in connection with the planning, development and construction of the Project. To the fullest extent permitted by law, DXE shall require similar written express waivers and insurance clauses from each of its subcontracto rs of every tier. DXE shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit DXE from waiving the right of subrogation prior to a loss or claim.

(i) Eligible Insurers. If policies are wr itten by insurance carriers authorized and admitted to do business in the state of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non- admitted but authorized to conduct business in the state of Califor nia, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by City. DXE shall furnish to City, not less than fifteen (15) da ys before the date the insurance is first required to be carried by DXE, and thereafter before th e expiration of each policy, true and correct certificates of insurance, usi ng the appropriate ACORD form of certificate or its equivalent, evidencing the coverages required under this Secti on, with a copy of each policy, if requested by City. Such certificates must provide that should any policies described therein be cancelled before the expiration date thereof, notice is to be de livered to the certificate holder by the insurer in accordance with the policy provisions regarding sa me. Further, DXE agrees that the insurance coverage required hereunder is not to be terminated or modified in any material way without thirty (30) days advance written notice from DXE to City.

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(j) Cure. If DXE fails to procure and maintain insu rance required under this Agreement or fails to meet its obligations with re spect to any deductible or self-insured retention amount under this Agreement, subj ect to the provisions herein, City is entitled, afte r thirty (30) days prior written notice to DXE of DXE’s defa ult hereunder and DXE’s failure to cure such default within said thirty (30) days, ten (10) days for non-payment, to require DXE to immediately discontinue all construction activities related to the Project and immediately discontinue operation of the Project until DXE has provided City reasona bly satisfactory evidence that the required insurance has been obtained and th e other obligations of DXE under this Section have been met.

No cessation of construction or operations required by City under this Section releases or relieves DXE of any of its other obligations under this Agreement.

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EXHIBIT “D”

DESCRIPTION OF THE FEE PROPERTY
[SEE ATTACHED]

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EXHIBIT ‘D-1’
Legal Description
APN: 0209-143-21
That portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of San Bernardino County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows:

Commencing at the northeast corner of said Section 13;
Thence along the easterly line of said Section 13 South 00°29’50” East 50.00 feet to the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation South 89°43’55” West 30.00 feet to the northeasterly line of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55” West 12.83 feet to the Point of Beginning;
Thence continuing along said northerly line South 89°43’55” West 346.26 feet; Thence leaving said easterly prolongation North 00°10’37” West 33.38 feet; Thence North 87°50’29” East 346.61 feet;
Thence South 00°00’00” East 44.81 feet to the Point of Beginning; Parcel contains 13,539 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

See Exhibit ‘D-2’ attached hereto and made a part hereof.

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T
his real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700).

Signature: ______________________
Sean M. Smith, PLS 8233
Date: ____________________
9/27/2022

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EXHIBIT ‘D-3’
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows:

Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet to the Point of Beginning;
Thence South 00°00’00” West 311.62 feet;
Thence South 89°36’24” West 273.01 feet;
Thence South 00°00’06” East 243.01 feet;
Thence North 89°36’24” East 273.00 feet;
Thence South 00°00’00” West 13.88 feet to the southeasterly line of Parcel 15 per said Parcel Map;
Thence along said southeasterly line South 46°46’47” West 23.71 feet to the southerly line of said Parcel 15;

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Thence along said southerly line South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 117.00 feet; Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Thence leaving said southerly line North 00°10’37” West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; Thence along said northerly line North 89°43’55 East 346.26 feet to the Point of Beginning;
Parcel contains 135,265 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS 83) , Zone 5, 2010.00 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

See Exhibit ‘D-4’ attached hereto and made a part hereof.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700) .

Signature: ______________________
Sean M. Smith, PLS 8233
Date: ____________________
9/27/2022

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EXHIBIT ‘D-5’
Legal Description
APN: 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described as follows:

Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00’00” West 311.62 feet to the Point of Beginning;
Thence South 89°36’24” West 273.01 feet;
Thence South 00°00’06” East 243.01 feet;
Thence North 89°36’24” East 273.00 feet;
Thence North 00°00’00” East 243.01 feet to the Point of Beginning.

Parcel contains 66,341 square feet, more or less.

Reserving to the City of Rancho Cucamonga and San Bernardino County Transportation Authority the air space above the above-described land, contained between a horizontal plane eight (8) feet above the existing ground surface and existing ground surface.

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The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

See Exhibits ‘D-6’ and 'D-7’ attached hereto and made a part hereof.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700).

Signature: ______________________
Sean M. Smith, PLS 8233
Date: ____________________
9/27/2022

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APN
0209-27 2-22
f
8'
l

EXHIBIT '
'

TYPE OF ESTATE AREA
FEE 66,341 SF
AREA DESCRIBED IN 11Cl 11
HORIZONTAL PLANE 8' ABOVE HIGHEST
C

GROUND SURFACE ELEVATION WITHIN
PROPERTY DESCRIBED IN 11Cl 11
RESERVED DESCRIBED IN 11Cl 11

L GROUND SURFACE WITHIN
PROPERTY DESCRIBED IN 11Cl 11
AREA DESCRIBED IN 11Cl 11
AIR SPACE RESERVATION PBOEII E DETAIi

CITY OF RANCHO CUCAMONGA

COUNTY OF SAN BERNARDINO
PREPARED BY:

PSOMAS
1650 Spruce Street, Suite 400
Riverside, California 92507
(9511787-842/ www.psomos.com

PREPARED
BY
TKR
SCALE SHEET NO.
1 11 =/00' 2
TOTAL
SHEETS
2 D-7

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EXHIBIT “H”
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11231-0001\2708118v2.doc
EXHIBIT “H”

INSPECTOR OF RECORD PROCESS

Developer acknowledges that the Project is being constructed as part of an interstate high- speed passenger railroad under the jurisdiction of the federal Surface Transportation Board. As a result, state and local permitting for the Project, including building permits, are preempted by the Interstate Commerce Commission Termination Ac t, 49 U.S.C. §10501. The Parties nonetheless agree that they have a shared interest in the safe construction and operation of the Project, including compliance with applicable building codes. On th at basis, the Parties agree that Developer will use an inspector of record process as described in this exhibit.

1. Compliance with Codes. The Project will conf orm to the substantive provisions of (i) the City’s technical codes (e.g., building, plumbing, electrical, etc.), (ii) grading standards, and (iii) all other applicable laws and regulations governing development of the Project (the “Standards”).

2. Inspector of Record.

2.1 Selection. At least one hundred twenty ( 120) days prior to any Project construction or grading, the Parties will provide one another with lists of potential firms from which Developer could solicit bids for the purpose of serving as the Project’s inspector of record who will be charged with (1) verifying that all design and construction plans for the Project comply with Standards; (2) verifying that all improvements constructed for the Project comply with design and construction plans and the Standards; and (3) any other services typically provided by an inspector of record.

The proposed firms shall have expertise in plan check and building and safety inspection services with prior experience in San Bernardino and/or Riverside counties. Within 30 days of delivery of the lists, Seller and Developer will mutually agree on at least two (2) firm s that are qualified to serve as the inspector of record. Developer will use a competitive bid process to select the inspector of record fro m among the mutually approved firms. If Se ller and Developer do not mutually agree on at least two (2) qualified firms, they will repeat the review process in good faith until at least two (2) qualified firms are identified.

2.2 Reports. Developer will require its inspector of re cord to provide biweekly stamped/approved reports to Seller. The reports will include all comments, findings, decisions, and determinations relating to the Project during the prior month, including actions taken on design and construction plans and facility inspections. Seller may, at its election, review the reports and provide comments. If Seller believes that a design element or condition exists that violates codes as described in Section 1 above, it may, but is not required to, notify Developer of the alleged violation in writing. Developer will respond to any comments it receives from Seller. In the event of a disagreement about the scope or application of a code, the parties will meet and discuss the issue in good faith. Except as provided in Sec tion 5 of this exhibit, Seller will accept all determinations rendered by the inspector of record.

3. Inspections. All constructi on of Project improvements by De veloper shall be offered by Developer to Seller for inspection. Developer sh all permit the Seller’s inspectors, who may be

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11231-0001\2708118v2.doc
either City or SBCTA staff or consultants, to enter the Property and observe and inspect construction.

4. Meetings. The parties will meet biweekly, if requested by either party, to discuss topics related to construction of the Project.

5. Fire Safety. Notwithstanding any other provisi on of the Agreement, including this exhibit, the Rancho Cucamonga Fire Protection District (“Di strict”) shall have th e right to review and approve all design and construc tion plans and conduct inspections of all Project improvements related to safety in accordance with the District ’s regular plan check an d inspection processes.

Developer will reimburse the District for its costs related to its regular plan check and inspection processes.

6. Costs. Developer will pay all costs related to the inspector of record at no cost to Seller.

Except as provided in Section 5 of this exhibit, Seller will bear a ll costs related to its activities related to construction of the Project, includ ing review of design and reports, attendance at meetings, and site inspections.

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EXHIBIT “I”
-1-
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EXHIBIT “I”

TERMS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR

CONSIDERATION BY THE PARTIES

1. SELLER’S RIGHT TO REVIEW PLANS AND SPECIFICATI ONS AND CHANGES TO SITE PLAN. After construction of the initial Improvements, Developer shall not materially alter, renovate, modify or add to the Improvements wit hout the prior written consent of Seller, which consent will not be unreasonably withheld.

2. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS.
a. Holders of Deeds of Trust. Notwithsta nding any provisions of Section 4.1 of the Disposition and Development Agreement, dated October 5, 2022, to the contrary, upon prior written notice to Seller desc ribing the amount, purpose and nature of financing, and subsequent delivery to Selle r of copies of the relevant financing documents, Developer shall have the right to hypothecate its interest in the Property and the Project pursuant to one or more deeds of trust from one or more lenders, for any purpose or purposes relating to Developer’s high-speed passenger rail system, including all related facilities, as it may be extended or expanded; however, any such financing must provide that the lender will reconvey its deed(s) of trust or other liens upon repayment of sums used for the construction of the Project (notwithstanding that the financing may exceeds such sums). Any lender of record holding any such deed of trust, whose name and address shall have been provided by Developer to Seller referred to herein as a “Holder.” b. Rights of Holders. The Seller shall de liver a copy of any notice or demand to Developer concerning any breach or default by Developer under this Agreement to each Holder who has previously made a written request to the Seller for special notice hereunder. Any notice of breach or default by Developer shall not be effective against any such Holder unless gi ven to such Holder. Such Holder shall have the right at its option to cure or remedy any such default and to add the cost thereof to the secured debt and the lien of its security interest. If such breach or default can only be remedied or cured by such Holder upon obtaining possession, such Holder may remedy or cure such breach or default within a reasonable period of time after obtaining possession, provided such Holder seeks possession with diligence through a receiver or foreclosure. Such Holder shall not undertake or continue the construction or completi on of the Improvements beyond the extent necessary to conserve or complete the Improvements. Notwithstanding the provisions in the aforementioned Section 4.1, the acquisition of the Property by any person or entity other than Holder by a purchase at Holder’s foreclosure sale, and the acquisition of the Property by Holder or an affiliate of Holder by acceptance of an assignment in lieu of foreclosure, shall not be considered an assignment of this Agreement and therefore shall not be subject to all of the conditions and restrictions applicable to assignments contained in the aforementioned Section 4.1.

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TERMS OF

COVENANTS,

CONDITIONS AND

RESTRICTIONS FOR

CONSIDERATION BY

THE PARTIES
-2-
11231-0001\2708118v2.doc
c. Noninterference with Holders. The provi sions of this Agreement do not limit the right of Holders (a) to foreclose or otherw ise enforce any mortgage, deed of trust, or other security instrument encumbering all or any portion of the Property, and the Improvements thereon, (b) to pursue any remedies for the enforcement of any pledge or lien encumbering such portions of the Property, or (c) to accept, or cause its nominee to accept, a deed or other conveyance in lieu of foreclosure or other realization. In the event of (i) a foreclosure sale under any such mortgage, deed of trust or other lien or encumbrance, (ii) a sale pursuant to any power of sale contained in any such mortgage or deed of trust, or (iii) a deed or other conveyance in lieu of any such sale, the purchaser or purchasers and their successors and assigns, and such portions of the Property shall be, and shall continue to be, subject to all of the conditions, re strictions and covenants st ated in this Agreement, including, without limitation, the restrictions set forth in the grant deed on such property from the Seller to Developer and/or the CC&Rs. The Seller agrees to execute such further documentation regarding the rights of any Holder as is customary with respect to construction or permanent financing, as the case may be, to the extent that such documentation is reasonably requested by any Holder and is reasonably approved by the City Manager and the Executive Director of SBCTA. d. Right of Seller to Cure. In the event of a default or br each by the Developer of a loan by a Holder prior to the completion of the Improvements, the Seller may, upon prior written notice to the Developer, cure the default, prior to the completion of any foreclosure. In such event the Selle r shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Seller in curing the default.

The Seller shall also be entitled to a lie n upon the Property or any portion thereof to the extent of such costs and disbursements. The Seller agrees that such lien shall be subordinate to any lien in favor of a Holder, and the Seller shall execute from time to time any and all documentation re asonably requested by the Developer to effect such subordination.

3. RIGHT OF FIRST NEGOTIATION. If Seller el ects to sell the Reserved Property, or Seller receives a bona fide offer which is acceptable to Seller, Developer shall have the right of first negotiation to purchase the Re served Property from Seller pursuant to the following terms and conditions:
a. Seller’s Sale Notice. If Seller elects to sell the Reserved Property, Seller shall first notify Developer (or its succe ssor owner of the Property) in writing before the Reserved Property becomes available for sale to third parties, or if Seller receives the bona fide offer described above, Selle r shall notify Developer that Seller has received such an offer (“Seller’s Sale Notice”). Pursuant to such Seller’s Sale Notice, Seller shall then negotiate with Developer to sell the Reserved Property to Developer. The Seller’s Sale Notice sh all set forth Seller’s proposed economic terms (including, without limitation, purchase price) and conditions upon which Seller is willing to sell the Reserved Property (collectively, the “Economic Terms”). b. Procedure for Acceptance. If Developer wishes to exercise Developer’s right of

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TERMS OF

COVENANTS,

CONDITIONS AND

RESTRICTIONS FOR

CONSIDERATION BY

THE PARTIES
-3-
11231-0001\2708118v2.doc
first negotiation, then within ten (10) business days of delivery of Seller’s Sale Notice to Developer, Developer shall deliver a written notice to Seller of Developer’s exercise of its right of first negotia tion, whereupon Seller and Developer shall then negotiate the terms of the sale for a period of sixty (60) days (“Reserved Property Negotiation Period”). Developer must elect to exercise its right of first negotiation to purchase all of the Reserved Property (not part). If Developer does not so notify Seller within the ten (10) business day period, or terms acceptable to Seller staff (w hich it would recommend to Seller for approval to Seller) are not reached during the Negotiati on Period, then Seller shall be free to sell the Reserved Property to anyone to whom Seller desires on any terms Seller desires, and Developer shall no longer ha ve any right to purc hase the Reserved Property; provided, however, if Seller desires to sell the Reserved Property: (i) for less than ninety-five percent (95%) of th e purchase price or on overall different Economic Terms or conditions offered to Developer in Seller’s Sale Notice, or (ii) later than the date which is nine (9) months after the Reserved Property Negotiation Period, then Seller shall be obligated to give another Seller’s Sale Notice to Developer in accordance with the terms of this Section 3 above. c. Agreement. If Developer and Seller agree on the terms of Developer’s purchase of the Reserved Property, then Seller and Deve loper shall within thirty (30) days thereafter, execute a purchase agreemen t upon which Developer shall agree to purchase the Reserved Property with th e following terms: (a) Developer shall complete its due diligence review of the Reserved Property within ninety (90) days following the date of the purchase agreement, (b) the close of escrow under the purchase agreement shall not occur later that thirty (30) days following the date of the purchase agreement, and (c) all remaining terms of the purchase agreement not specified in this Section 3 shall be subs tantially in the form of this Agreement applicable to conveyance of property. The provisions of this Section 3 shall survive the Closing.

4. Temporary Construction Easement. In conn ection with development of the Project by Developer and during the construction thereo f, Seller hereby grants to Developer a temporary construction easemen t for construction parking a nd staging purposes on the adjacent station property owned by Seller (“Adjacent Property”) and the adjacent parking lot owned by the City on Anaheim Place and M illiken (“Milliken S ite”). Seller and Developer shall coordinate regarding the lo cation(s) and scope(s) of such construction parking and staging such that the combined Adjacent Property and Milliken Site continue to provide at least 400 parking stalls for Me trolink parking, at le ast four bus drop off locations (including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrol ink platforms and legally compliant ADA parking. Developer’s plans must demonstrate adequate circulation of pedestrian, vehicular, and bus movements. Developer shal l provide Seller at least thirty (30) days’ notice of any changes to the affected area, to enable Seller to provide notice to Metrolink and/or its patrons. The insurance and indemnity provisions in favor of Seller in the CC&Rs to be recorded at the Clos ing shall govern such tempor ary construction easement.

Developer shall compensate Seller for the temporary construction easement in accord with

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TERMS OF

COVENANTS,

CONDITIONS AND

RESTRICTIONS FOR

CONSIDERATION BY

THE PARTIES
-4-
11231-0001\2708118v2.doc
a current (i.e., no older than si x months) appraisal. [For re ference purposes only, this section was omitted from the DDA to allow the parties to further negotiate the terms of the temporary construction easement, including its expiration and/or term ination, so as to preserve the City’s ability to develop or se ll the Milliken Site, wh ich issue will now be resolved as part of the CC&RS].

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TABLE OF CONTENTS
Page

(1)
11231-0001\2708118v2.doc

1. DEFINITIONS ...................................................................................................... 1

1.1 Definitions................................................................................................. 1

2. PURCHASE AND SALE OF THE PROPERTY AND
EASEMENTS; PURCHASE PRICES; DEPOSIT ............................................... 5

2.1 Purchase and Sale; Purchase Prices .......................................................... 5

2.2 Deposit ...................................................................................................... 7

2.3 Opening and Closing of Escrow ............................................................... 7

2.4 Condition of Title; Title Insurance ........................................................... 7

2.5 Seller Conditions to Close of Escrow ....................................................... 8

2.6 Developer Conditions to Close of Escrow .............................................. 10

2.7 Costs; Escrow Holder Settlement Statement .......................................... 11

2.8 Condition of the Property........................................................................ 11

2.9 Deposits into Escrow by Seller ............................................................... 13

2.10 Deposits into Escrow by Developer ........................................................ 14

2.11 Authorization to Record Documents and Disburse Funds ...................... 14

2.12 Escrow’s Closing Actions ....................................................................... 15

3. DEVELOPMENT COVENANTS ...................................................................... 15

3.1 License to Use Parking; Development of the Project ............................. 15

3.2 Temporary Construction Easement ......................................................... 16

3.3 Development of Improvements............................................................... 16

3.4 Seller’s Right to Review Plans and Specifications and Changes to Site Plan ............................................................................... 16

3.5 Costs of Entitlement, Development and Construction ............................ 17

3.6 Governmental Permits and Approvals .................................................... 17

3.7 No Agency Created ................................................................................. 17

4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS
............................................................................................................................. 17

4.1 Restrictions on Transfer of Developer’s Rights and
Obligations .............................................................................................. 17

Page 268 ends

5. DEFAULT, REMEDIES AND TERMINATION .............................................. 19

5.1 Defaults ................................................................................................... 19

5.2 Remedies ................................................................................................. 20

5.3 No Speculation ........................................................................................ 21

5.4 No Personal Liability .............................................................................. 21

5.5 Rights and Remedies are Cumulative ..................................................... 21

5.6 Inaction Not a Waiver of Default ............................................................ 21

5.7 Force Majeure ......................................................................................... 22

6. INSURANCE; INDEMNITY ............................................................................. 22

6.1 Insurance ................................................................................................. 22

6.2 Indemnity ................................................................................................ 22

7. REPRESENTATIONS AND WARRANTIES ................................................... 23

7.1 Developer Representations ..................................................................... 23

7.2 Seller Representations ............................................................................. 24

8. GENERAL PROVISIONS ................................................................................. 25

8.1 Notices .................................................................................................... 25

8.2 Construction ............................................................................................ 26

8.3 Interpretation ........................................................................................... 26

8.4 Time of the Essence ................................................................................ 27

8.5 Warranty Against Payment of Consideration for Agreement ................. 27

8.6 Attorneys’ Fees ....................................................................................... 27

8.7 Entire Agreement .................................................................................... 27

8.8 Severability ............................................................................................. 27

8.9 No Third Party Beneficiaries .................................................................. 27

8.10 Governing Law; Jurisdiction; Service of Process ................................... 27

8.11 Survival ................................................................................................... 27

8.12 City Manager/Executive Director Actions .............................................. 28

8.13 Counterparts ............................................................................................ 28

8.14 Electronic Delivery ................................................................................. 28

Page 269 ends

EXHIBIT “A” ................................................................................................................... 1 LEGAL DESCRIPTION OF DEVELOPER FEE PROPERTY ...................................... 1 EXHIBIT “B” ................................................................................................................... 1 SCHEDULE OF PERFORMANCE ................................................................................. 1 EXHIBIT “C” ................................................................................................................... 1 SITE PLAN ....................................................................................................................... 1 EXHIBIT “D” ................................................................................................................... 1 FORM OF GRANT DEED ............................................................................................... 1 EXHIBIT “E”.................................................................................................................... 1 FORM OF 8TH STREET EASEMENT ........................................................................... 1 EXHIBIT “F” .................................................................................................................... 1 FORM OF AERIAL EASEMENT ................................................................................... 1 EXHIBIT “G” ................................................................................................................... 1 FORM OF MILLIKEN TRIANGLE EASEMENT ......................................................... 1 EXHIBIT “H” ................................................................................................................... 1 INSPECTOR OF RECORD PROCESS ........................................................................... 1 EXHIBIT “I” ..................................................................................................................... 1

TERMS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CONSIDERATION BY THE PARTIES.............................................................. 1

Page 270 ends

Page 1 of 2 ends

EXHIBIT ‘E’
Legal Description

APN: 0209-272-22

That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described as follows:

Commencing at the northeast corner of Section 13 of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map;

Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County;

Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;

Thence continuing along said northerly line South 89°43’55 West 12.83 feet;

Thence leaving said northerly line South 00°00’00” West 311.62 feet ;

Thence South 89°36’24” West 345.30 feet to the westerly line of the land described in Exhibit B-1 and as shown on the plat in Exhibit B-2;

Thence along said westerly line South 00°10’37” East 98.41 feet to the Point of Beginning ;

Thence leaving said westerly line South 47°37’41” East 257.13 feet to the southerly line of said Parcel 15, also being the southerly line of the land described in Exhibit B-1 and shown on the plat in Exhibit B-2;

Thence along said southerly line South 89°36’24” West 82.47;

Thence leaving said southerly line North 47°37’41” West 145.18 feet to a point on said westerly line;

Page 271 ends

Page 2 of 2 ends

Thence along said westerly line North 00°10’37” West 76.01 feet to the Point of Beginning.

Parcel contains 11,265 square feet, more or less.

Said easement shall not exceed a level plane elevation of 1095.50 feet above mean sea level.

The level plane elevation described above is expressed in terms of North American Vertical Datum of 1988. The elevation is based on the San Bernardino County Benchmark No. UF206 with a published elevation of 1,114.07 feet above mean sea level.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by

0.9999392898 to obtain ground distance.

See Exhibit ‘E-1’ attached hereto and made a part hereof.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700).

Signature: ______________________
Sean M. Smith, PLS 8233

Date: ____________________

9/30/2022

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9/30/2022
 
 

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Rancho Cucamonga Station P1 Level Plan - PUDO
METROLINK PARKING - 325 SPACES
METROLINK PARKING - 105 SPACES
METROLINK PARKING - 194 SPACES

PICK UP LOOP

DROP OFF LOOP

PARKING ACCESS LANES & RAMPS

BRIGHTLINE STATION

METROLINK PLATFORMS

EXISTING BUS LOOP

MILLIKEN AVE

AZUSA COURT
20’ OFFSET TO ALLOW FOR

MILLIKEN AVE WIDENING

CONCEPTUAL EXTENSION OF AZUSA COURT IN

RELATION TO FUTURE CITY PROJECT
(NOT PART OF THE BRIGHTLINE WEST PROJECT)

ELEVATED VIADUCT CARRYING

TRAIN LINES AND PLATFORMS
ATTACHMENT 2

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Rancho Cucamonga Station - P2-P8 Typical Parking

BRIGHTLINE PARKING

BRIGHTLINE STATION

PARKING RAMPS

Page 275 ends

GENERAL PLAN - EXHIBIT
8TH STREET/RANCHO STATION VIADUCT
DATE
09/19/2022
PLAN
DRAFT
2 4
3 '
4 6
'
174'
3 9
'
60' 3
3 '
1"=60'
254'91'
2 7
3 '
2 0
'
2 2
3 '
3 0
'
74'273'
The location to be determined in final design.
will be provided for access to Azusa Court.

A 30' wide easement across this hatched area
3 7
9 '
346'
651'

EXISTING CURB
20' OFFSET FROM be confirmed in design
Milliken Avenue at location to
Access Rights for driveway from
Parcel Boundaries
Proposed Building Extents
at location to be confirmed in design
Access Rights for driveway from Milliken Avenue
Underground tunnel easement
Proposed pedestrian crossing easement
Potential alternative pedestrian crossing easement
Brightline aerial easement from SBCTA/City
Brightline purchase of fee from SBCTA
Brightline easement from city
above 8ft above surface
Brightline purchase of fee everything below surface and SBCTA/City retained surface to 8ft above surface area;
Brightline purchase of fee from SBCTA/City
ONT Tunnel station and tunnel footprint
Brightline Aerial Easement from City
Brightline Aerial Easement from SBCTA

WEST PROJECT)
(NOT PART OF THE BRIGHTLINE

TO FUTURE CITY PROJECT

AZUSA COURT IN RELATION

CONCEPTUAL EXTENSION OF
32231 sqft
131373 sqft sqft
46432
13530 sqft
66340 sqft
SHEET NO.

DRAWING NO.

SCALE
CONTRACT NO.

APPLE VALLEY - RANCHO CUCAMONGA

BRIGHTLINE WEST HIGH-SPEED RAIL
STRUCTURE LOCATION NO.

TRACK MILE POST
CALTRANS BRIDGE ASSET NO.

CALTRANS POST MILE
P
O
E
1 1
5 9
9 +
2 3
.6
1 ONTARIO, CA 91764
3633 INLAND EMPIRE BLVD, SUITE 750
ASPH
CONC
ASPH
CONC
ASPH
CONC
VC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
VC
VC
VC
VC
VC
VC
VC
VC
VC
CONC
CONC
UB
T
UB
M
I
L
L
I
K
E
N

A
V
E

RANCHO CUCAMUNGA CT
M
ILLIK
E
N

A
V
E
.
30'
60'
50'
35'
25'
APN: 209-272-22

CITY OF RANCHO CUCAMONGA
APN: 209-272-11

CITY OF RANCHO CUCAMONGA
APN: 209-143-21

SAN BERNARDINO GOVERNMENT
APN: 209-272-23

FAIRWAY BUSINESS CENTRE LLC
APN: 209-272-24

FAIRWAY BUSINESS CENTRE LLC
APN: 229-111-20

SAN BERNARDINO COUNTY TRANSPORTATION
P.M. 177/90-96
PARCEL MAP NO. 14647
PARCEL 15
PARCEL 10
33'
33'
33'
33'

AZUSA COURT

AZUSA COURT
VARIES
60'
30'
60'
33' 33'
SANBAG (FORMERLY A.T. & S.F. R.R.)
SANBAG (FORMERLY A.T. & S.F. R.R.)
60'
VARIES
VARIES
VARIES
SANBAG (FORMERLY A.T. & S.F. R.R.)
8TH ST.
50'
50'
30'
30'
M
ILLIK
EN
A
V
E.

VARIES
VARIES
12 13 7
18 30'
30'
8TH ST.

VARIES
50'
20' SEWER EASEMENT TO CUCAMONGA COUNTY WATER DISTRICTPER DOC NO. 90-394371 O.R.

REC 10/02/1990
10' PIPELINE EASEMENT TOCHINO BASIN MUNICIPAL WATER DISTRICTPER DOC NO. 90-394371 O.R.

REC 10/02/1990
4' AND 25' WIDE EASEMENT TO SCEPER DOC REC 11/27/1961 IN BOOK 5595, PAGE 15 EASEMENT TO CITY OF RANCHO CUCAMONGA FOR BRIDGE PURPOSESPER RESOLUTION 83-99, DOC NO. 83-148882 O.R.REC 7/05/1983 25' WIDE WASTEWATER EASEMENT TO CHINO BASIN WATER DISTRICTPER RESOLUTION 83-99, DOC NO. 83-148882 O.R.REC 7/05/1983 25' WIDE EASEMENT TO CHINO BASIN WATER DISTRICTPER RESOLUTION 83-99, DOC NO. 83-148882 O.R.REC 7/05/1983 10' WIDE EASEMENT TO GENREAL TELEPHONE CO.PER RESOLUTION 83-99, DOC NO. 83-148882 O.R.REC 7/05/1983 DOC NO. 83-14882
25' SCE EASEMENT PER
DOC NO. 82-199900
25' SCE EASEMENT PER
DOC NO. 19950139143
40' MWD EASEMENT PER
DOC. NO. 81-048883
40' MWD EASEMENT PER

RIGHT OF WAY LINE
FORMERLY MILLIKEN AVE.

DOC NO. 20010405038
25' SCE EASEMENT PER
DOC NO. 89-202499
10' SCE EASEMENT PER
TO MILLIKEN AVE.

ADDITIONAL WIDENING

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North / South Section

1. Lounge

2. Brightline Platform

3. Concourse

4. Main VC

5. Pick Up Loop

6. Drop Off Loop

7. Brightline + Parking

8. Brightline Parking

9. Metrolink Platform

10. Metrolink Parking
1 2
3 7
8 105 6
4 9
Azusa Court

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Transit Plaza

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City of Rancho Cucamonga
Station Cooperative Agreement 94-001 1 SBCTA Contract No. 00-1000353 Amendment No. 2
AMENDMENT NO. 2 TO
COOPERATIVE AGREEMENT 94-001

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF RANCHO CUCAMONGA
This Amendment No. 2 to Cooperative Agreement No. 94-001 is hereby made and entered into, and is effective on, this 5th day of October, 2022, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) and the CITY OF RANCHO CUCAMONGA (CITY) with regard to the management of jointly owned property at the Rancho Cucamonga Metrolink Station.

WHEREAS, under SANBAG Contract No. 94-001, dated July 21, 1993, SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) and the CITY entered into an agreement (Agreement), defining the responsibilities of each PARTY concerning the Cucamonga Station; and
WHEREAS, SANBAG and CITY amended the Agreement on January 5, 2011, to define the roles and responsibilities of each PARTY concerning the addition of the Pedestrian Underpass at the Cucamonga Station (Amendment No. 1); and
WHEREAS, on January 1, 2017, SBCTA became the successor agency to SANBAG pursuant to California Public Utilities Code Section 130800 et. seq., also known as the San Bernardino County Transportation Authority Consolidation Act of 2017; and WHEREAS, SBCTA and CITY (collectively, the PARTIES, and individually, each a PARTY) desire to further amend the aforesaid Cooperative Agreement to clarify the responsibilities of the PARTIES with respect to the insurance of assets under the Cooperative Agreement and the apportionment of costs for said insurance, and to update provisions concerning termination and the distribution to the PARTIES upon termination.

NOW THEREFORE, the PARTIES hereto do mutually agree to amend the Cooperative Agreement as follows:

1. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Except as specifically amended by this Amendment No. 2, all other provisions of the Agreement and Amendment No. 1, shall remain in full force and effect.

3. All references in the Agreement to “SAN BERNARDINO ASSOCIATED GOVERNMENTS” or “SANBAG” shall mean “SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY” (“SBCTA”).

ATTACHMENT 4

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City of Rancho Cucamonga
Station Cooperative Agreement 94-001 2 SBCTA Contract No. 00-1000353 Amendment No. 2

4. Article I, Section 1.01.c “Operating Hours”: DELETE each occurrence of “one (1) hour” and REPLACE them with “thirty (30) minutes”.

5. Article V, Section 5.04 Reservation of Commuter Rail Parking: DELETE the word "insure" and REPLACE it with "ensure".

6. ADD Article V, Section 5.10 CITY Provided Insurance:

Section 5.10 CITY Provided Insurance. CITY shall obtain and maintain property insurance covering the Non-Operating Property that is jointly owned by CITY and SBCTA as tenants in common. Such insurance must be in such types and amounts as are or should be reasonably and typically maintained from time to time by CITY for other property owned by CITY, provided that, in any event, CITY shall provide SBCTA with an endorsement naming SBCTA as an additional insured. An Additional Insured Endorsement is required as the Parties hold title to the Non- Operating property jointly, as tenants in common. In the event of any damage to the Non-Operating Property, CITY and SBCTA shall reasonably cooperate with each other in obtaining and using proceeds of such insurance to repair such damage.

The CITY shall reimburse SBCTA for fifty percent (50%) of the cost of property insurance provided by SBCTA under Section 6.08 one fiscal year in the arrears.

7. ADD Article VI, Section 6.08 SBCTA Provided Insurance:

Section 6.08 SBCTA Provided Insurance. SBCTA shall obtain and maintain real property insurance covering the Station Platforms, canopies thereon, and the Pedestrian Underpass in amounts as are or should be reasonably and typically maintained from time to time by SBCTA for other real and personal property owned by SBCTA, provided that SBCTA shall provide CITY with an endorsement naming CITY as an additional insured on all such policies. In the event of any damage to the Station Platforms, canopies, or Pedestrian Underpass, CITY and SBCTA shall reasonably cooperate with each other in obtaining and using the proceeds of such insurance to repair such damage. Each fiscal year, SBCTA shall notify the CITY of the cost of insurance described in this Section 6.08 in the then-current fiscal year no later than January 31 st of each fiscal year and shall invoice the CITY for reimbursement of fifty percent (50%) of the cost of the insurance provided under this Section 6.08.

8. Article IX, Section 9.01 Distribution to Parties is DELETED in its entirety and REPLACED as follows:

Section 9.01 Distribution to Parties. All proceeds that may accrue to the PARTIES under this Agreement shall be distributed to the PARTIES hereto in equal shares, except for any parking fees which shall remain the sole property of the CITY as described in Section 5.05.

Page 280 ends

City of Rancho Cucamonga
Station Cooperative Agreement 94-001 3 SBCTA Contract No. 00-1000353 Amendment No. 2

9. That section of Amendment No. 1 entitled “INDEMNITY AND HOLD HARMLESS” is DELETED in its entirety and Article XI, Section 11.07 Indemnity is DELETED in its entirety, and both are REPLACED as follows:

Section 11.07 Indemnity. Notwithstanding any other provision of the Agreement, each PARTY agrees to indemnify, defend and hold harmless the other PARTY and their members and the officers, directors, council members, employees, agents, successors and assigns of them and their members (individually and collectively, “Indemnitees”), from and against all loss, liability, claims, demands, suits, liens, claims of liens, damages (including consequential damages), costs and expenses (including, without limitation, all fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against them, whether the liability is alleged or fixed during the Term or thereafter, which arise out of or are connected in any manner with: (1) the acts and omissions of a PARTY or its officers, contractors, directors, affiliates, a PARTY's invitees or anyone directly or indirectly employed by a PARTY or providing service to a PARTY or for whose acts a PARTY is otherwise liable (collectively, “Personnel”) in connection with the property subject to a PARTY's maintenance and/or security activities, duties and obligations hereunder or arising from the presence upon or performance of activities by a PARTY or its Personnel under this Agreement; (2) bodily injury to or death of any person (including Indemnitees) or damage to or loss of use of property resulting from acts or omissions of a PARTY or its Personnel; or (3) non-performance or breach by a PARTY or its Personnel of any term or condition of this Agreement during the Term hereof. Each PARTY shall obtain and maintain during the time the Agreement, as amended, is in effect, adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other PARTY.

10. Section 11.09 is ADDED as follows:

Section 11.09 No Assignment. Neither this Agreement nor any of the rights or obligations set forth in this Agreement shall be transferred or assigned by either PARTY hereto without the consent of the other PARTY. The provisions of Section

6.07 shall constitute consent of the PARTIES of any assignment from SBCTA to SCRRA.

11. Article XII, Section 12.01, is DELETED in its entirety and REPLACED as follows:

Section 12.01 Acts Constituting Termination. This Agreement shall commence on the date of its execution and shall continue until:
a. Voluntary or involuntary sale or transfer of title to a third party by either or both parties hereto. A termination pursuant to this subsection will be partial

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City of Rancho Cucamonga
Station Cooperative Agreement 94-001 4 SBCTA Contract No. 00-1000353 Amendment No. 2
in nature, applying only to that property interest in the Non-Operating Property that is severed from SBCTA and CITY as tenants in common, or that property interest in the Operating Property is that is severed from SBCTA, not terminating this Agreement as to the remainder; provided, however, that, if a partial termination would be such that the Parties would no longer be able to materially exercise their rights or perform their duties and obligations under this Agreement, then the termination will not be limited as described above;
b. Mutual agreement of the parties hereto to terminate this Agreement; c. The non-defaulting PARTY, with respect to any specific instance of default or breach of this Agreement, elects to terminate this agreement for cause where said default or breach by the other PARTY hereto which has not been cured within thirty (30) days after notice has been delivered to the other PARTY of such default or breach by the non-defaulting PARTY, or such later time as is reasonably necessary if the default cannot be reasonably cured within such thirty (30) day period, provided, however, with respect to a default or breach of Section 11.09, regarding transfers or assignments, there shall be no cure period.
[Signatures on the following page.]

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City of Rancho Cucamonga
Station Cooperative Agreement 94-001 5 SBCTA Contract No. 00-1000353 Amendment No. 2
IN WITNESS WHEREOF, the authorized parties have signed below;

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President

Date: ___________________________

CITY OF RANCHO CUCAMONGA,

A MUNICIPAL CORPORATION
By: ___________________________
L. Dennis Michael
Mayor
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: ___________________________
ATTEST
By: ________________________
Janice C. Reynolds
City Clerk
Date: ___________________________

APPROVED AS TO FORM
By: ________________________
Nicholas R. Ghirelli
Richards, Watson & Gershon
City Attorney
Date: ___________________________

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DATE: October 4, 2022

TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo-Valdez, MMC, Deputy City Clerk Services Director SUBJECT:

Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. (RESOLUTION NO. 2022-127) (CITY) RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving an amended Conflict of Interest Code, Appendix I and II, to account for the addition, deletion, and modification of positions listed as “designated positions.”
BACKGROUND:

Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, real property, sources of income, and business positions that may affect in their decision-making, on a form called Statement of Economic Interests (Form 700).

The Three Components of a Conflict of Interest Code are:

EXHIBIT A – INCORPORATION SECTION (TERMS OF THE CODE)
This section designates where the forms are filed and retained (i.e., the agency or the Fair Political Practices Commission (FPPC)). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act.

APPENDIX I – LIST OF DESIGNATED POSITIONS
The code must list all agency positions that involve making or participation in making of decisions that “may foreseeably have a material effect on any financial interest.” This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions.

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1 4
9 9
APPENDIX II – DETAILED DISCLOSURE CATEGORIES
A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700. The categories must be tailored to the financial interests affected and must not require public officials to disclose private financial information that does not relate to their public employment.

ANALYSIS:

To ensure the code remains current and accurate, cities are required to review their Conflict of Interest Code in even-numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730 (referred to as the model or standard code by the FPPC) by reference and, as such, the term of the code (Exhibit A to the Resolution) is up to date.

It is legally mandated that an agency’s Conflict of Interest Code reflect the current structure of the agency and properly identifies all officials and employees who are required to file a Statement of Economic Interests, Form 700.

Due to various changes in job classifications, titles, and responsibilities, and the deletion/addition of positions in several departments, it is necessary to amend the code to reflect these revisions in Appendix I, the list of designated positions. Appendix II also includes disclosure requirements for designated consultants.

Public notification was achieved by posting the agenda and public hearing notice, publication of the hearing notice in the newspaper, and notification to the proposed designated positions.

Staff proposes revisions to the list of filers who are required to disclose under the specific types of categories described in the Form 700.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This update to the Conflict of Interest Code addresses the City Council Core Value to intentionally embrace and anticipate the future by ensuring adherence to the state reporting requirements for City employees.

ATTACHMENTS:

Attachment – 1 City Council Resolution No. 2022-127
Exhibit A – Terms of the Code
Appendix I – List of Designated Positions
Appendix II – Detailed Disclosure Categories

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Resolution No. 2022-127
RESOLUTION NO. 2022-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,

CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE

STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND AMENDING APPENDIX I AND II, TO ACCOUNT

FOR THE ADDITION, DELETION AND MODIFICATION O F POSITIONS LISTED AS “DESIGNATED POSITIONS ” TO THE CONFLICT OF INTEREST CODE OF THE CITY OF

RANCHO CUCAMONGA
WHEREAS, pursuant to the requirements of the California Political Reform Act (the “Act”) , Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and
W
HEREAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission (“FPPC”) by City of Rancho Cucamonga Resolution No. 2020-099; and W
HEREAS, the City Council of the C ity of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and
W
HEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix “I”, amending the list of designated officials and including establishment of certain positions, and Appendix “II” setting forth amended disclosure categori es, does constitute the Conflict of Interest Code of the City of Rancho Cucamonga; and W
HEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City’s Conflict of Interest Code; and
W
HEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; and
W
HEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on October 4, 2022, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; N
OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

1. The
standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference.

ATTACHMENT 1

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Resolution No. 2022-127

2. T he amended list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II.

3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the City of Rancho Cucamonga.

4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached Conflict of Interest Code (Exhibit A) and Appendix I and II.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga at its regular meeting held on the 4
th day of October 4 2022.

L. Dennis Michael, Mayor

ATTEST:

______________________________________
Janice C. Reynolds, City Clerk

I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 4
th day of October 2022.

Executed this 5th day of October 2022, at Rancho Cucamonga, California.

ATTEST:

______________________________________
Janice C. Reynolds, City Clerk

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Resolution No. 2022-127

EXHIBIT “A”

CITY OF RANCHO CUCAMONGA

CONFLICT OF INTEREST CODE

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulat ion and the attached Appendices , designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga.

Individuals holding designated positions shall file their statements of economic interests with the City Clerk of the City of Rancho Cucamonga, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City Clerk.

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Resolution No. 2022-127

APPENDIX “I”

DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Animal Care and Services Director 2, 3, 4, 5 Animal Center Manager 2, 3, 4, 5
Assistant City Manager 2, 3, 4, 5
Assistant Planner 2, 5, 6, 7
Assistant to the City Manager 2, 3, 4, 5 Associate Planner 2, 5, 6, 7
Building and Safety Services Director 2, 5, 6, 7 Building and Safety Manager 2, 5, 6, 7
Building Inspection Supervisor 2, 5, 6, 7 Chief Information Security Officer (CISO) 2, 5, 13, 14 City Attorney* 1
City Clerk Services Director 2, 3, 4, 5
City Council Member* 1
City Manager* 1
City Planner 2, 5, 6, 7
City Treasurer * 1
CIO/Director of Department of Innovation and Technology 2, 5, 13, 14 Community Affairs Manager 2, 5, 8, 9
Community Affairs Officer 2, 5, 8, 9
Community Affairs Senior Coordinator 2, 5, 8, 9
Community Improvement Manager 2, 5, 6, 7
Community Improvement Supervisor 2, 5, 6, 7
Community Parks and Landscape Citizens’ Oversight Committee Member 2, 3 , 4 , 5 Cultural Center Manager 2, 5, 8, 9
Fund Development Coordinator 2, 5, 8, 9, 15, 16
Community Services Director 2, 5, 8, 9
Community Services Manager 2, 5, 8, 9
Community Services Superintendent 2, 5, 8, 9 Consultant 10
Consultant: Special Counsel 10
Deputy City Manager/Administrative Services 2, 3, 4, 5 Deputy City Manager/Civic & Cultural Services 2, 3, 4, 5 Deputy City Manager/Economic & Community Development Services 2, 3, 4, 5 Deputy Director of City Clerk Services 2, 3, 4, 5
Deputy Director of Animal Care and Services 2, 3, 4, 5 Deputy Director of Building and Safety 2, 5, 6, 7
Deputy Director of Community Services 2, 5, 8, 9
Deputy Director of Engineering Services/Assistant City Engineer 2, 5, 6, 7 Deputy Director of Engineering Services/Utilities and Environmental 2, 5, 6, 7 Deputy Director of Finance 2, 5, 11, 12
Deputy Director of Human Resources 2, 5, 13, 14
Deputy Director of Innovation and Technology 2, 5, 13, 14 Deputy Director of Library Services 2, 5, 15, 16
Deputy Director of Planning 2, 5, 6, 7
Deputy Director of Public Works Services 2, 5, 17, 18

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Resolution No. 2022-127

APPENDIX “I” CONTINUED

DESIGNATED POSITIONS

Disclosure
Designated Position Categories

Director of Planning and Economic Development 2, 5, 6, 7 Engineering Services Director/City Engineer 2, 5, 6, 7 Environmental Program Manager 2, 5, 6, 7
Facilities Superintendent 2, 5, 17, 18 Finance Director 2, 5, 11, 12
Finance Manager 2, 5, 11, 12
GIS Supervisor 2, 5, 13, 14
Historic Preservation Commissioner 2, 5, 6, 7 Human Resources Director 2, 5, 13, 14 Information Technology Operations Supervisor 2, 5, 13, 14 Library Board of Trustees Member 2, 5, 15, 16 Library Director 2, 5, 15, 16
Library Services Manager 2, 5, 15, 16
Management Analyst II (Revenue Management) 2, 5, 11, 12 Management Analyst III 2, 3, 4, 5
Park and Recreation Commissioner 2, 5, 8, 9 Parks/Landscape Maintenance Superintendent 2, 5, 17, 18 Planning Commissioner 1
Planning Director 2, 5, 6, 7
Planning Manager 2, 5, 6, 7
Principal Accountant 2, 5, 11, 12 Principal Engineer 2, 5, 6, 7
Principal Civil Engineer/Assistant City Engineer 2, 5, 6, 7 Principal Librarian 2, 5, 15, 16
Principal Management Analyst 2, 3, 4, 5
Principal Planner 2, 5, 6, 7
Procurement and Contracts Analyst 2, 5, 13, 14
Procurement Manager 2, 5, 13, 14
Public Art Committee Member 2, 3, 4, 5
Public Works Services Director 2, 5, 17, 18 Revenue Manager 2, 5, 11, 12
Risk Management Coordinator 2, 5, 13, 14 Senior Information Services Analyst 2, 5, 13, 14 Senior Information Technology Analyst 2, 5, 13, 14 Senior Civil Engineer 2, 5, 6, 7
Senior Park Planner – Community Services Department 2, 5, 8, 9 Senior Planner 2, 5, 6, 7
Senior Risk Management Analyst 2, 5, 13, 14
Street/Storm Drain Maintenance Superintendent 2, 5, 17, 18 Traffic Engineer 2, 5, 6, 7
Utility Operations Manager 2, 5, 6, 7

*California Government Code 87200 Code Filers

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Resolution No. 2022-127

APPENDIX “II”

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable Income, Loans and Business Positions (income other than gifts and travel payments). (FPPC Form 700, Schedule C).

4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2).

5. Reportable Income – Gifts – Travel Payments. (FPPC Form 700, Schedule D and E).

6. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Planning, Building & Safety, and Engineering Departments. (FPPC Form 700, Schedule C).

7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Pla nning, Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A-1 and A-2).

8. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department. (FPPC Form 700, Schedule C).

9. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department (FPPC Form 700, Schedules A-1 and A-2).

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Resolution No. 2022-127

10. Designated Consultants1 Disclosure Requirements

Consultants who make (not just
recommend) governmental
decisions, such as whether to
approve a rate, rule, or regulation,
whether to issue, deny, suspend, or
revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report,
study, or adopt or grant City
approval of policies, standards, or
guidelines for the City or any
subdivision thereof.

All reportable interests in real
property in the jurisdiction;
reportable income and business
positions; reportable investments;
and reportable gifts , unless the
City Manager determines in
writing that a particular consultant
is hired to perform a range of
duties that is limited in scope and
thus is not required to fully comply
with the disclosure requirements
described in the section.
2 Consultants who serve in a
staff capacity with the City, and
in that capacity participate in
making a governmental decision
by providing information, an
opinion, or a recommendation for
the purpose of affecting the
decision without significant
intervening substantive review.

Disclosure required at the same
level as a comparable designated
position in the same or similar
City Department identified
elsewhere in this Code.

Consultants who perform the
same or substantially all the
same duties for the City that
would otherwise be performed by
an individual holding a designated
position in the City’s Conflict of
Interest Code.

Disclosure required at the same
level as the comparable
designated position identified
elsewhere in this Code.

Not all outside contractors meet the consultant definition in FPPC Regulation 18700.3, as described above. Form 805, Agency Report of Consultants, will be used by the Department Director to determine disclosure requirements.

1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements. 2 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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Resolution No. 2022-127

11. Reportable income, loans and business positions from any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code. (FPPC Form 700, Schedule C)

12. Reportable investments in any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code (FPPC Form 700, Schedules A-1 and A-2)

13. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedule C)

14. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedules A-1 and A-2)

15. R
eportable income, loans and business positions from persons and business entities from which the Library purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedule C)

16. Reportable investments in business entities from which the Library purchases, plans to purchase, or has purchases within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedules A-1 and A-2)

17. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Services Department. (FPPC Form 700, Schedule C)

18. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Public Works Services Department. (FPPC Form 700, Schedules A-1 and A-2)

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DATE:October 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 Frank A. Lopez, Principal Civil Engineer/Assistant City Engineer SUBJECT: Consideration of First Reading of Ordinance No. 1010, Entitled “An Ordinance of the City of Rancho Cucamonga, California, Adding Section

10.60.060 to the Rancho Cucamonga Municipal Code to Establish Procedures for the Designation of On-Street Accessible Parking Zones” to be Read by Title Only and Waive Further Reading and Approval of the Guidelines for Installation On-Street Accessible Parking Zones. (ORDINANCE NO. 1010) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Introduce for first reading Ordinance No. 1010, to be read by title only and waive further reading, pertaining to procedures for designation of on-street accessible parking zones; and

2. Approve the Guidelines for On-Street Accessible Parking Zones and authorize the City Engineer to administratively modify the guidelines and application from time to time as deemed necessary.

BACKGROUND:

Over the last several years, the City has received requests for the placement of blue curb parking by residents requesting an accessible on-street parking space near their residence. The City has not had a program or policy in place to allow for this and has therefore denied the requests. Blue curbs are reserved for vehicles displaying Disabled Person placards or Disabled Person license plates issued by the state.

In accordance with California Vehicle Code (CVC) Section 22511.7 (a) “…a local authority may, by ordinance or resolution, designate on-street parking spaces for the exclusive use of a vehicle that displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.9.” The City of Rancho Cucamonga Municipal Code (RCMC) Chapter 10.60 Parking for Persons with Disabilities provides for the designation of on-street blue curb parking spaces. Typically, this is interpreted to mean that on-street accessible spaces can be designated in retail, commercial, or downtown areas with heavy parking. However, it does not provide any guidelines for establishing blue curb or accessible parking on residential streets for the use of a disabled person with such need near

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1 5
0 1
their residence. It should be noted that on-street accessible parking spaces are voluntary accommodations made for persons with disabilities and are not required by statute.

Given recent and past requests, staff proposes to establish procedures to allow residents to apply for an on-street accessible parking space.

ANALYSIS:

A brief survey of other cities’/public agencies’ on-street accessible parking policies were reviewed by staff. Policies vary among agencies, with some suspending programs while additional research is done, others utilize a generic color curb program in which blue curb is one of the options, but those that offer accessible on-street parking for residential streets only vary slightly and have similar requirements.

Staff has prepared proposed guidelines and an application process based on best practices and using the City of Long Beach policy as a template. The guidelines explain the purpose of the policy, conditions for qualification, the need for an engineering accessibility study, and inform that the space is not reserved and would be available for use by anyone with a valid disabled license plate or placard. The application would require the applicant to justify the need for on-street accessible parking, including verifying that no off-street parking is available, agree to an inspection of their property to confirm off-street parking is unavailable or not functional (e.g. extreme slope), sign a waiver and release of liability, and certify they are providing true and correct information.

Additionally, the RCMC would be amended to include and summarize succinctly the above requirements/guidelines. The proposed guidelines, application, and proposed code amendment are attached for review.

Staff presented the new program to the Public Works Subcommittee on September 21, 2022 and heard positive feedback as well as recommendation to bring the On-Street Accessible Parking Zone Program to City Council for approval.

FISCAL IMPACT:

The proposed program will have minimal fiscal impact for the installation and maintenance of new signing and striping to establish the accessible parking zones.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This program addresses the City Council’s core values by promoting and enhancing a safe and healthy community for all.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1010
Attachment 2 – On-Street Accessible Parking Zone Guidelines and Application

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ATTACHMENT 1
Ordinance No. 1010 - Page 1 of 3
ORDINANCE NO. 1010

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING SECTION 10.60.060 TO THE RANCHO

CUCAMONGA MUNICIPAL CODE TO ESTABLISH PROCEDURES

FOR THE DESIGNATION OF ON-STREET ACCESSIBLE PARKING
ZONES
WHEREAS, California Vehicle Code section 22511.7 authorizes the City, by ordinance or resolution, to designate on-street parking spaces for the exclusive use of a vehicle that displays a disabled person’s license plate or a valid disabled person’s placard; and
WHEREAS, the City Council desires to enact parking regulations for disabled access to on-street parking spaces in front of or adjacent to their residence as set forth in the ordinance.

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

Section 1.A new Chapter 10.60.060 entitled “Application for accessible parking designation” is hereby added to Chapter 10.60 (Parking for Persons with Disabilities) of Title 10 (Vehicles and Traffic) of the Rancho Cucamonga Municipal Code to read as follows:

10.60.060 Application for accessible parking designation.

A. Any person who has been issued a special identification license plate pursuant to Vehicle Code Section 5007 or a distinguishing placard pursuant to Vehicle Code Sections 22511.55 or 22511.59 may apply to the City Traffic Engineer via an application form furnished by the City Traffic Engineer for the designation of an on- street accessible parking zone as a parking space reserved for disabled persons. Such application shall contain:

1. Evidence that the applicant is a full-time resident of the residential property in front of which the on-street accessible parking zone is requested;

2. Evidence from the California Department of Motor Vehicles of authorization to use disabled parking;

3. Evidence showing a need for accessible parking at the requested location;

4. Certification by the applicant that no existing on-street or off-street parking space meets his or her parking needs;

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Ordinance No. 1010 - Page 2 of 3
B. When any of the circumstances in the application change or cease to exist, the applicant shall notify the City Traffic Engineer.

C. The City Traffic Engineer is authorized to conduct reviews of eligibility and continuing need for the on-street accessible parking zone once every two (2) years.

D. The City Traffic Engineer is authorized to remove accessible parking zones at any time if determined to be a safety hazard or it impedes necessary improvements or development with 30-day notice to the applicant.

E. The City Traffic Engineer is authorized to mark the curb with blue paint on the curb or edge of the paved portion of street adjacent to the space. In addition, the City Traffic Engineer shall install a sign posted immediately adjacent to and visible from the space. The sign shall consist of a profile view of a wheelchair with occupant in white on a blue background and shall clearly state the following: “Minimum Fine $250.” Section 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. This Ordinance merely establishes a process by which City residents may request an accessible parking space and will not result in any physical changes to the environment.

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

Section 3. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

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Ordinance No. 1010 - Page 3 of 3
PASSED, APPROVED, AND ADOPTED this ____ day of ________ 2022. ______________________________
L. DENNIS MICHAEL
MAYOR
ATTEST:
______________________________
JANICE C. REYNOLDS
CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF RANCHO CUCAMONGA)
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _____ day of _______________, 2022, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this ______ day of ______________, 2022, at Rancho Cucamonga, California. ______________________________
JANICE C. REYNOLDS
CLERK

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ATTACHMENT 2
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City of Rancho Cucamonga, California
Guidelines for Installation of On-Street Accessible Parking Zones The purpose of these guidelines is to provide a process by which Rancho Cucamonga residents may request the installation of an On-Street Accessible Parking Zone on Public Right of Way within the City of Rancho Cucamonga, under California Vehicle Code (CVC) §21458(a)(5), and Rancho Cucamonga Municipal Code (RCMC) Ch.10.60.

A. CURRENT OPTIONS FOR ACCESSIBLE PARKING
Any disabled person or disabled veteran displaying valid disabled parking plates or placards shall be allowed to park in any On-Street Accessible Parking Zone. “On-Street Accessible Parking Zone” means a disabled access parking space on a public street identified by a sign as well as blue paint on the curb or edge of the paved portion of the street adjacent to the space as described in California Vehicle Code § 22511.7(b)(1) and (2) and is for the exclusive use of vehicles that display a disabled parking plate or placard.

B. CONDITIONS FOR QUALIFICATION
On-Street Accessible Parking Zones shall only be established where a demonstrated need for such place is shown as determined by the City Traffic Engineer (“CTE”) by the person applying for the designation of the such On-Street Accessible Parking Zones (the “Applicant”). In determining need, the CTE must find the following:
• Applicant must be a full-time resident of the Rancho Cucamonga residential property in front of which the On-Street Accessible Parking Zone is requested.

Proof of residency, such as driver’s license or utility bill, is required. • Applicant must have a valid California Department of Motor Vehicles Permanent Placard or Plate. Temporary Placards that are valid for less than one year, will not qualify.
• For apartments, condos and townhomes all on-site parking options must have been exhausted. Applicants are encouraged to contact the management or association to inquire about on-site accessible parking spaces. Residents within an HOA must provide a letter of support from the HOA to be considered. • For single family dwellings, off-street parking must be unavailable or inaccessible.

Example of inaccessibility might include:
♦ The garage is too narrow (less than 14 ft.) to permit entry and exiting of the vehicle by the disabled person or disabled veteran.
♦ The driveway grades (greater than 8.33%) would not permit safe or reasonable entry and exiting of the vehicle by the disabled person or disabled veteran. • On-street accessible parking zone must be located in front of the residence of the applicant, unless otherwise approved by the CTE. Should the parking zone be in front of another residence, a letter of support may be required from the property

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ATTACHMENT 2
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owner of that residence.
• Tenants must provide a letter of support from the landlord/property owner to be considered.

C. ENGINEERING AND ACCESSIBILITY STUDY
Prior to approval of an On-Street Accessible Zone, Engineering Services Department staff will perform an accessibility study. This will require the following:
• Your consent to allow City staff to enter the property of applicant to ascertain the presence of off-street parking including access to applicant’s garage. Applicant’s use of garage for purposes other than parking, such as storage, may result in denial of On-Street Accessible Parking Zone by the City Traffic Engineer. • Sufficient curb space to allow installation of the On-Street Accessible Parking Zone a minimum of 20 feet for parallel parking and 10 feet for angled parking.

D. REMOVAL OF ON-STREET ACCESSIBLE PARKING ZONES
Any designation of an on-street accessible zone made pursuant to the requirements herein shall be for a period of two years. Thereafter, a renewal application must be submitted with supporting documentation for continued use. The City Traffic Engineer may remove or review and re-evaluate on-street accessible zones at any time.

Circumstances that may warrant removal of an On-Street Accessible Parking Zone include:
• The space is no longer needed;
• The disabled person(s) has moved, vacated the premises, or is deceased; • The space is altered with the intent to misuse;
• Conditions have changed such that the disabled person(s) no longer is qualified for a disabled parking placard/plate.
• If at any time the designated zone becomes hazardous/unsafe.

E. AGREEMENT TO THE REQUIREMENTS FOR APPLYING FOR AN ON-STREET ACCESSIBLE PARKING ZONE.

After reading the City of Rancho Cucamonga Guidelines for an On-Street Accessible Zone, the applicant will be required to complete the application and sign the agreement/waiver form. By signing the application, the applicant acknowledges and agrees to all the requirements associated with the installation of an On-Street Accessible Parking Zone.

Please note, the On-Street Accessible Parking Zone is not a private or reserved space for the exclusive use of any individual Applicant and may be used by other vehicles licensed to park in the accessible parking space on a first-come first-served basis.

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ATTACHMENT 2

CITY OF RANCHO CUCAMONGA APPLICATION FOR ON-STREET ACCESSIBLE ZONE
Within Residential Areas
Applications are considered on a case-by-case basis. On-Street Accessible Zone spaces are available for use by any vehicles displaying a valid disabled parking license plate or placard issued by the State of California Department of Motor Vehicles (DMV) on a first come, first served basis. All parking regulations set forth in the California State Vehicle Code (CVC) and City of Rancho Cucamonga Municipal Code are in force at such locations.

Submit Completed application to: City of Rancho Cucamonga Engineering Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91701
A. APPLICANT INFORMATION
First and Last Name:

Mailing Address:

Phone: Email:

California Driver’s License Number: Exp: / /
B. PROPERTY OWNER INFORMATION (Condo owners must have HOA approval for installation).

First and Last Name:

Mailing Address:

Phone: Email:

C. ACCESSIBLE PARKING ZONE INFORMATION
Location (address) of requested blue curb:

Reason for request:

1. Is off-street parking available at the property associated with is request:

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ATTACHMENT 2
Yes No

2. Is there an existing on-street accessible parking spot within 150 feet of the property associated with this request?
Yes No

3. If off-street parking is available, why is an on-street accessible parking zone needed? D. Requested by Caregiver - Spouse-Child-Parent of Disabled Adult-Parent- Child
First and Last Name:

Mailing Address:

Phone: Email:

California Driver’s License Number: Exp: / /
To justify the installation of an On-Street Accessible Zone, please explain why the unlicensed placard/plate holder (disabled applicant) requires their driver who is not issued a DMV disabled placard/plate.

Additional Comments:

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ATTACHMENT 2
E. SUPPORTING DOCUMENTATION
Please attach photocopies of the documents below. Do not send originals. Proof of Applicant's address (attach current utility bill, rental agreement, or driver's license) *
Proof of DMV Issued Disabled Parking Plate or Placard (attach copy of vehicle registration and/or placard receipt) Copy of placard or plate will not be accepted*
Completed/signed agreement/waiver for installation
* Note: For security purposes, photocopies of proof of address and proof of DMV issued plate or placard will be destroyed upon verification completion of review of this application. Alternatively, applicants may make an appointment with the Engineering Services Department at (909) 477-2700 to meet in person or by video-conference to present originals for review without making copies.

I hereby certify that the information I am providing is true and correct and consent to City staff entering my property, including access to garage, as part of the engineering and accessibility study.

Applicant's Signature: Date:

For more information contact the Engineering Services Department at (909) 477-2700

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ATTACHMENT 2

AGREEMENT TO THE REQUIREMENTS FOR INSTALLATION OF ON-STREET

ACCESSIBLE ZONE PARKING SPACE
Applicants for On-Street Accessible Zone Parking must agree to and abide by the following requirements:

1. The applicant understands that completing the application is not a guarantee that it will be approved.

2. Applications are approved for a two-year period. Thereafter, a renewal application must be submitted with supporting documentation for continued use.

3. The applicant must observe and obey all parking regulations covered in the California Vehicle Code and City of Rancho Cucamonga Municipal Code.

4. The On-Street Accessible Zone shall not be used for long-term storage of vehicles. The vehicle must be kept in good repair and shall be operational, as outlined the California Vehicle Code. For the purpose of this policy, “long-term storage of vehicles” is defined as any vehicle parked or left standing on a public street in the same location and not driven or moved in excess of 72 hours.

5. Any misuse of an On-Street Accessible Parking Zone shall result in its removal.

Misuse shall be determined by the City Traffic Engineer. In ascertaining whether an accessible parking zone has been misused, the City Traffic Engineer shall consider the following factors:
a. The length of time in which the applicant has left a vehicle in the space without operating it;
b. Misuse of the applicant’s disabled placard or license plates; c. Any violation by the applicant of the California Vehicle Code, City of Rancho Cucamonga Municipal Code, or this policy;
d. Any other factors the City Traffic Engineer deems reasonable and relevant to the issue.

6. The On-Street Accessible Zone is not a private or reserved space and may be used by other vehicles licensed to park in the accessible parking space on a first- come first-served basis.

7. The Rancho Cucamonga Police Department has the authority to enforce parking laws.

I, the applicant, have read and understood this Agreement to the Requirements for Installation of an On-Street Accessible Zone on Public Streets and agree to abide by them.

Print Name Signature Date
Address

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ATTACHMENT 2

ON-STREET ACCESSIBLE ZONE ON PUBLIC STREETS

LIABILITY WAIVER AND GENERAL RELEASE OF ALL CLAIMS
The On-Street Accessible Zone Program (“Program”) is a voluntary program offered by the City of Rancho Cucamonga (“City”).

I , hereby acknowledge that I am voluntarily
participating in the Program. I hereby assume full responsibility for all liability and all risk of injury or loss, including death, which may result from participation in the Program. I hereby agree to hold harmless, release, waiver forever discharge and covenant not to bring legal action or claim against City or its employees, agents and/or officers from any and all claims or demands I may have by reason of any accident, illness, injury, death, damage, loss or misuse arising or resulting directly or indirectly from my participation in the Program and occurring during such participation or any time subsequent thereto.

This Liability Waiver and General Release of All Claims applies whether such loss, injury, death, damage or misuse is caused or alleged to be caused by any act or omissions by City or other parties, negligent or otherwise, related to participation in the Program. This Liability Waiver and General Release of All Claims is binding on me, my heirs, executors, administrator, and assigns.

I certify that the information I have provided is true and accurate.

Print Name:

Signature:

Street Address:

Date:

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Michael Frasure, Director of Building and Safety Services SUBJECT: Consideration of First Reading and Introduction of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building (model) Codes and the 2021 Edition of the International Building Codes and a Request to Set a Date for a Public Hearing for the Proposed Ordinance. (ORDINANCE NO. 1011) (CITY) RECOMMENDATION:

Staff recommends that the City Council adopt the 2022 California Model Codes and applicable 2021 International Codes by approving a first reading of the Ordinance and that the Public Hearing date be set for November 2nd, 2022. A public hearing is required prior to the final adoption of the 2022 California Model Codes and applicable 2021 International Codes together with local amendments and standards. The effective date of the Ordinance would be January 1, 2023. Additionally, Monday, December 21, 2022 will be the last day to submit applications at City Hall and December 31, 2022 will be the last day to submit permit applications by electronic document submittal for projects designed under the current 2019 code standards.

BACKGROUND:

The California Building Standards Commission recently adopted the 2022 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T- 24). The 2022 California Building Codes include the California Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Residential Code, the California Green Building Code, and the California Historical Building Code. The ordinance will bring all of the City’s Building and Construction Regulations into compliance with the latest codes adopted by the California Building Standards Commission. Also required is the adoption of the 2021 International Pool and Spa Code and the International Property Maintenance Codes. Under State statute, specific referenced model codes must be adopted by the local jurisdictions within 180 days of the publication date of the model codes. The effective date for local enforcement of the new codes will be January 1, 2023.

Additionally, any modifications made by local agencies to the technical regulations adopted by the California Building Standards Commission may only become effective if the local jurisdiction makes express findings of needs for changes due to local conditions. These modifications must be directly related to local climatic, geological, or topographical conditions in the form of an Ordinance and must be filed directly with the Building Standards Commission after its adoption.

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ANALYSIS:

The 2022 California Building Codes are based on the International Building Code, Volumes 1 and 2, 2021 Edition, the International Residential Code, 2021 Edition, and the International Property Maintenance Code, published by the International Code Council (ICC); California Green Building Code 2021 Edition, published by a joint effort of different State agencies; the 2021 International Pool and Spa Code published by the ICC and the American Association of Pool and Spa Professionals (APSP); the Uniform Plumbing and Mechanical Codes, 2021 Editions, published by the International Association of Plumbing and Mechanical Officials (IAMPO); and the National Electrical Code, 2020 Edition, published by the National Fire Protection Association (NFPA).

The City has previously adopted a number of technical amendments to the building codes because of special local climatic, geological, and topographical conditions. All applicable past amendments are carried over into the new codes at this time. Examples of some major local code amendments are the requirements of high wind design criteria, Class A fire retardant roofing materials for new buildings constructed in the Very High Fire Hazard Severity Zones, soil reports for new construction due to the special conditions of soil in the City, etc. At the beginning of each municipal code section shown in the Ordinance, there are tables of the code sections which identify the local amendments.

It should be noted that the amendments to the administrative provisions and regulations addressing elements of construction that are not regulated by the California Building Standards Commission do not need to meet the test of being necessary due to climatic, geological, or topographical conditions.

FISCAL IMPACT:

No new fees or changes to the current building permit fee structure are proposed as part of this building code adoption process.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

ENHANCING PREMIER COMMUNITY STATUS AND PUBLIC SAFETY: The adoption of these codes will bring our building and construction regulations into compliance with the latest codes and is an excellent demonstration of local government with outstanding vision of maintaining up- to-date construction requirements and great public safety.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1011

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Resolution No. 1011 - Page 1 of 17
ORDINANCE NO. 1011

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE”, 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE”, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY

MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE

RANCHO CUCAMONGA MUNICIPAL CODE
A. RECITALS.
(i) Government Code Section 50022.1, et seq., authorizes the adoption by reference of the Codes specified in the title of the Ordinance. (ii) At least one copy of each of said Codes certified as full, true and correct by the City Clerk of the City of Rancho Cucamonga have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE.

NOW, THEREFORE, the City Council of the City of Rancho Cucamonga ordains as follows:

SECTION 1:In all respects as set forth in the Recitals, Part A, of this Ordinance.

ATTACHMENT 1

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Resolution No. 1011 - Page 2 of 17
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SECTION 2:Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28, 15.30,

15.32 and 15.34 of Title 15 of the Rancho Cucamonga Municipal Code, entitled Buildings and Construction, are hereby amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as exist prior to the adoption of this ordinance shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance.

SECTION 3:Chapter 15.04 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
"CHAPTER 15.04

CODES ADOPTION
Sections:

15.04.010 Codes adoption.

15.04.020 Penalties.

15.04.030 Civil remedies available
“Sec. 15.04.010 Codes adoption.

The 2022 California Building Code, based on the "International Building Code, Volumes 1 and 2", 2021 Edition, including all appendices thereto; the 2022 California Residential Code, based on the “International Residential Code”, 2021 Edition, including all appendices thereto; the 2022 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2021 Edition; including all appendices thereto; the 2022 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2021 Edition, including all appendices thereto; the 2022 California Electrical Code, incorporating the " National Electrical Code ", 2020 Edition; including all annexes thereto; the 2022 California Green Building Standards Code; the 2022 California Historical Building Code; the 2022 California Referenced Standards Code; the 2021 International Swimming Pool and Spa Code; and the 2021 International Property Maintenance Code; are hereby adopted by reference in their entirety and amended in Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28,

15.30, 15.32, and 15.34 herein, shall comprise the Building and Construction Regulations of the City of Rancho Cucamonga.

15.04.020 Penalties.

It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Title 15 or the secondary codes adopted hereby.

Any person, firm, partnership or corporation violating any provision of this Title 15 or the secondary codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment.

Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Title 15 or the secondary codes adopted hereby is committed, continued or permitted by such

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person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this section.

15.04.030 Civil remedies available.

The violation of any of the provisions of this Title 15 or the secondary codes adopted hereby shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.”
SECTION 4:Chapter 15.12 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.12

BUILDING CODE
Sections:

15.12.005 Section [A]101.4 of Chapter 1, Division II amended – Referenced codes.

15.12.010 Section [A]105.2 of Chapter 1, Division II amended – Work exempt from permit.

15.12.020 Section [A]113.1 of Chapter 1, Division II amended – Board of Appeals.

15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations

15.12.035 Section 710A.3.3 amended - Detached miscellaneous structures

15.12.040 Section 903 amended – Automatic sprinkler systems.

15.12.050 Table 1505.1 amended – Minimum roof covering classification for types of construction.

15.12.060 Section 1609.3 amended – Basic design wind speed.

15.12.065 Section 1803.5.11 amended – Seismic design categories C through F.

15.12.070 Section 3109.3 added – California Swimming Pool Act.

15.12.080 Section J101 of Appendix J amended – Scope.

15.12.090 Section J101.3 of Appendix J added – Special requirements for hazardous conditions.

15.12.100 Section J103.2 of Appendix J amended – Exemptions.

15.12.110 Sections J104.5 and J104.6 of Appendix J added – Permit application and submittal.

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15.12.120 Section J105.1 of Appendix J amended – General.

15.12.130 Section J109.4 of Appendix J amended – Drainage across property lines.

15.12.135 Section J109.5 of Appendix J added – Site and lot grading for drainage.

15.12.140 Section J110.3 of Appendix J added – Temporary erosion control during grading.

15.12.150 Section J112 of Appendix J added – Protection of adjacent property.

15.12.160 Section J113 of Appendix J added – Dust control.

15.12.005 Section [A]101.4 of Chapter 1, Division II amended – Referenced codes.

Sections [A]101.4.1, [A]101.4.2, [A]101.4.3, [A]101.4.4 are deleted.

15.12.010 Section [A]105.2 of Chapter 1, Division II amended - Work exempt from permit.

Section [A]105.2 of the Building Code is hereby amended by amending item 2 to read as follows:

2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade.

5.12.020 Section [A]113.1 of Chapter 1, Division II amended – Board of Appeals.

Section [A]113.1 of Chapter 1, Division II is hereby amended to read as follows:
[A]113.1 General.

In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations

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Sections [A]114.1 and [A]114.2 of Chapter 1, Division II are hereby amended to read as follows:
[A]114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
[A]114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

15.12.035 Accessory Structures. Section 710A.3.3 amended - Detached miscellaneous structures.

Section 710A.3.3 is hereby amended to read as follows:
710A 3.3 Accessory detached miscellaneous structures that are installed at a distance of more than 3 feet but less than 50 feet from an applicable building shall be constructed of noncombustible materials or of ignition-resistant materials as described in Section 704.A.2.

15.12.040 Section 903 amended – Automatic Sprinkler Systems.

Amendments to Section 903 shall be those amendments adopted by the City and/or the Rancho Cucamonga Fire Protection District for Section 903 of the 2022 California Fire Code – Automatic Sprinkler Systems, all of which are incorporated by reference herein.

15.12.050 Table 1505.1 amended – Minimum roof covering classification for types of construction.

Table 1505.1 is hereby amended to read as follows:

Table 1505.1
Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs or additions.

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*
*See Section 1505.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity

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15.12.060 Section 1609.3 amended – Basic design wind speed.

Section 1609.3 is hereby amended by adding a sentence at the end of the section to read as follows:

The basic wind speed used in the City is 96 miles per hour and Vasd is 75 miles per hour with Exposure C as described in Section 1609.4.3 shall be used.

15.12.065 Section 1803.5.11 amended – Seismic design categories C through F.

Section 1803.5.11 is hereby amended by adding a sentence at the end of the section to read as follows:

The geotechnical investigation shall be conducted for all new structures or additions to existing buildings where the addition is more than 50% of the existing floor area. Any geotechnical reports that are more than 3 years old shall be required to submit an updated geotechnical report.

15.12.070 Section 3109.3 added – California Swimming Pool Act Section 3109.3 is hereby added to read as follows:
3109.3 There shall be 3 (three) drowning protection measures provided for the construction of a new or the remodel of an existing pool or spa. First required measure: An enclosure that meets the requirements of Section 115923 of the California Swimming Pool Safety Act and isolates the swimming pool or spa from the private single-family home. The second and third required drowning protection measures shall be 2 (two) of the remaining 6 (six) measures listed in Section 115922 of the California Swimming Pool Safety Act.

15.12.075 Section 107.3.4 amended- Design professional in responsible charge Section 107.3.4 is hereby amended by amending the first 2 (two) sentences to read as follows:

It is required that documents be prepared by a registered design professional for all commercial and industrial applications. The building official requires the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional or a California State licensed contractor who shall act as the registered design professional in responsible charge.

15.12.080 Section J101.1 of Appendix J amended – Scope.

J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles.

15.12.090 Section J101.3 of Appendix J added – Special requirements for hazardous conditions.

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Section J101.3 is hereby added to read as follows:

J101.3 Special requirements for hazardous conditions.

Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

15.12.100 Section J103.2 of Appendix J - amended – Exemptions.

Section J103.2 is hereby amended to read as follows:

J103.2 Exemptions:

A grading permit is not required for the following:

1. When approved by the Building Official, grading in an isolated, self-contained area if there is no danger to private or public property.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells or tunnels or utilities.

6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create a cut slope greater than 5 feet (1524mm) in height and steeper than 1 unit vertical in 2 units horizontal.

9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or a cut less than 3 feet (914mm) in depth, not intended to support structures, or any soil work that does not disturb soil exceeding 50 cubic yards (38.3m) on any one lot and does not obstruct a drainage course.

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Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

15.12.110 Sections J104.5 and J104.6 of Appendix J added – Permit application and submittal.

Sections J104.5 and J104.6 are hereby added to read as follows:

J104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall provide other technical information as required by the Building and Safety Department’s hand- outs, policies and standards.

J104.6 As-built plans. The permittee shall provide a copy of as-built plans to the City for a permanent record at the end of the approved grading work.

15.12.120 Section J105.1 of Appendix J amended – General.

Section J105.1 is hereby amended to read as follows:

J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and other requirements established by approved policies and procedures of the Building and Safety Department. An engineer shall provide grading inspections and certifications for the work done at the site.

15.12.130 Section J109.4 of Appendix J amended – Drainage across property lines.

Section J109.4 is amended by adding the following to the end of the section as follows:

For Single Family Lot Drainage:

1. Whenever possible, drainage from single family lots shall flow directly to a street.

2. If it should be determined necessary to allow offsite drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply:
a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage. c. The drainage shall be contained within either a concrete/rock lined swale or reinforced concrete pipe.
d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100-year storm with the minimum diameter for a pipe being 12 inches.

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15.12.135 Section J109.5 of Appendix J added – Site and lot grading for drainage.

Section J 109.5 is hereby added to read as follows:

J109.5 Site and lot grading for drainage. The site or lot grading shall meet the requirements as specified in Section 1804.4 - Site Grading of the California Building Code Volume 2.

15.12.140 Section J110.3 of Appendix J added – Temporary erosion control during grading.

Section J110.3 is hereby added to read as follows:

J110.3 Temporary erosion control during grading work.

The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation regardless of lot size.

15.12.150 Section J112 of Appendix J added – Protection of adjacent property.

Section J112 is hereby added to read as follows:

Section J112 Protection of adjacent property.

J112.1 General. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.

15.12.160 Section J113 of Appendix J added – Dust control.

Section J113 is hereby added to read as follows:

Section J113 Dust control.

J113.1 General. The owner of the site or the project contractor shall put into effect and maintain all precautionary measures necessary to prevent dust blowing from the site to adjacent properties.

Prior to the permit issuance, a dust control sign and required contact information as required by the department’s policy shall be installed at the site.” SECTION 5:Chapter 15.14 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.14

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Resolution No. 1011 - Page 10 of 17
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RESIDENTIAL CODE
Sections:

15.14.010 Section R105.2 of Chapter 1, Division II amended – Work exempt from permit.

15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended – Board of Appeals.

15.14.030 Sections R113.1 and R113.2 of Chapter 1, Division II amended- Violations.

15.14.040 Section R301.2.1 amended – Wind design criteria.

15.14.050 Section R401.4.1 amended – Geotechnical evaluation.

15.14.060 Section R902.1 amended – Roofing covering materials.

15.14.070 Appendices deleted.

15.14.010 Section R105.2 of Chapter I, Division II amended – Work exempt from permit.

Section R105.2 of the Residential Code is hereby amended by amending items 1 and 2 and adding new items 11 and 12 to read as follows:

1. One-story detached accessory structure used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height as long as the structure is not located in required setbacks as determined by the Planning Department.

2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade.

11. Flag pole not to exceed 20 feet in height above ground in a residential lot.

12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended – Board of Appeals.

Section 1.8.8.1 of Chapter 1, Division I is hereby amended to read as follows:

1.8.8.1 General.

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15.14.030 Sections R113.1 and R113.2 of Chapter I, Division II amended – Violations.

Sections R113.1 and R113.2 of Chapter 1, Division II are hereby amended to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

R113.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

15.14.040 Section R301.2.1 amended – Wind design criteria.

Section R301.2.1 is hereby amended to by adding a sentence at the end of the section to read as follows:

The ultimate design wind speed used in the City is 110 miles per hour for Vult and Vasd is 85 miles per hour with Exposure C as described in Section R301.2.1.4.

15.14.050 Section R401.4.1 amended – Geotechnical evaluation.

Section R401.4.1 is hereby amended by adding a sentence at the end of the section to read as follows:

A geotechnical or soil report is required for the new construction or when an addition is more than 50% of the existing floor area. Any reports that are more than 3 years old shall be required to provide an updated report or a soil letter.

15.14.060 Section R902.1 amended - Roofing covering materials.

Section R902.1 is hereby amended to read as follows:

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones.

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*
*See Section R902.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity

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15.14.070 Appendices deleted.

Appendices A, B, C, D, E, F, I, J, K, L, M, N, O, P, Q, R, S, T, and W of the California Residential Code are hereby deleted.”
SECTION 6:Chapter 15.16 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
"CHAPTER 15.16

MECHANICAL CODE
Sections:

15.16.010 Section 104.5 of Chapter 1, Division II amended – Permit fees.

15.16.020 Table 104.5 of Chapter 1, Division II deleted – Mechanical permit fees.

15.16.030 Section 107.1 of Chapter 1, Division II amended – General.

15.16.010 Section 104.5 of Chapter 1, Division II amended - Permit fees.

Section 104.5 of the Mechanical Code is hereby amended to read as follows:
104.5 Permit Fees.

The fee for each permit shall be as established by Resolution of the City Council.

15.16.020 Table 104.5 Deleted - Mechanical permit fees.

Table 104.5 of the Mechanical Code is hereby deleted.

15.16.030 Section 107.1 of Chapter 1, Division II amended - General.

Section 107.1 of the Mechanical Code is hereby amended to read as follows:
107.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.”

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SECTION 7:Chapter 15.20 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
"CHAPTER 15.20

PLUMBING CODE
Sections:

15.20.010 Section 107.1 of Chapter 1, Division II amended – Board of Appeals.

15.20.020 Section 104.5 amended - Fees.

15.20.030 Table 104.5 deleted - Plumbing permit Fees.

15.20.040 Appendix L deleted.

15.20.050 Section 609.3.1 added – Under concrete slab.

15.20.060 Section H701.2 of Appendix H amended – Multiple installations.

15.20.010 Section 107.1 of Chapter 1, Division II amended – Board of Appeals.

Section 107.1 is hereby amended to read as follows:
107.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

15.20.020 Section 104.5 amended - Fees.

Section 104.5 is hereby amended to read as follows:
104.5 Fees.

The fee for each permit shall be as established by Resolution of the City Council.

15.20.030 Table 104.5 deleted - Plumbing permit fees.

Table 104.5 is hereby deleted.

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15.20.040 Appendix L deleted.

Appendix L is hereby deleted.

15.20.050 Section 609.3.1 added – Under concrete slab. 609.3.1 is hereby added to read as follows:
609.3.1 Copper tubing serving plumbing fixtures within dwelling unit kitchen islands shall be installed without joints and the installation shall satisfy the following requirements.

1. The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and under slab soils. During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for inspection.

15.20.060 Section H701.2 of Appendix H amended – Multiple Installations.

Section H701.2 of Appendix H is hereby amended to read as follows:

H701.2 Multiple Installations.

Multiple seepage pit installations shall be served through an approved distribution box. The inlet into the pit shall have an approved vented leg fitting extending not less than 12 inches below the inlet fitting.”
SECTION 8:Chapter 15.24 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
"CHAPTER 15.24

ELECTRICAL CODE
Sections:

15.24.010 Section 89.108.4.5 added – Permits, fees, applications and inspections.

15.24.020 Section 89.108.8.1 amended – Board of Appeals.

15.24.010 Section 89.108.4.5 added – Permits, fees, applications and inspections.

Section 89.108.4.5 is hereby added to read as follows:

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89.108.4.5 Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor’s License of the correct classification is presented to the Building Official.

Exception: Owner-builder permit may be issued for Group R, Division 3, or Group U occupancy with the approval of the Building Official.

15.24.020 Section 89.108.8.1 amended – Board of Appeals.

Section 89.108.8.1 is hereby amended to read as follows:

89.108.8.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.” SECTION 9: Chapter 15.26 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.26

GREEN BUILDING STANDARDS CODE

15.26.010 [Section reserved for future amendments.]”
SECTION 10: Chapter 15.28 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.28

REFERENCED STANDARDS CODE

15.28.010 [Section reserved for future amendments.]”
SECTION 11: Chapter 15.30 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.30

INTERNATIONAL SWIMMING POOL AND SPA CODE

15.30.010 [Section reserved for future amendments.]”

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SECTION 12: Chapter 15.32 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“CHAPTER 15.32

INTERNATIONAL PROPERTY MAINTENANCE CODE

15.32.010 Chapter 3 amended - General Requirements

15.32.010 Chapter 3 General Requirements is amended by deletion of sections 302.4, 302.8, 303.2.”
SECTION 13: A new Chapter 15.34 is hereby added to Title 15 of the Rancho Cucamonga Municipal Code to read as follows:
“CHAPTER 15.34

HISTORICAL BUILDING CODE

15.34.010 [Section reserved for future amendments.]”
SECTION 14:Penalties. It shall be unlawful for any person, firm partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance.

SECTION 15:Civil remedies available. The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

SECTION 16:Severability. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

SECTION 17:Effective date. This Ordinance shall take effect the later of thirty (30) days after adoption, or January 1, 2023.

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SECTION 18:The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Rancho Cucamonga, California, and circulated in the City of Rancho Cucamonga, California.

PASSED, APPROVED, AND ADOPTED this ____ day of __________________, 20__., Michael, o, Williams
NOES:
_____________________________
, Mayor
ATTEST:
______________________________________
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the ___ day of _______________ 2022, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the ___ day of _______________ 20__.

Executed this ___ day of __________________ 20__, at Rancho Cucamonga, California.
________________________________
Janice C. Reynolds, City Clerk

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DATE:October 4, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Robert Ball, Fire Marshal
SUBJECT: Consideration of First Reading of Ordinance No. FD-58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 California Fire Code, With Errata, Together With Certain Changes, Modifications, Amendments, Additions, Deletions, and Exceptions; Providing for the Issuance of Permits and Collection of Fees; and Repealing Conflicting Ordinances. (ORDINANCE NO. FD-58) (FIRE) RECOMMENDATION:

Staff recommends that the Board of Directors adopt Ordinance No. FD 58, the fire code adoption ordinance, by approving a first reading of the ordinance and setting the date of November 2, 2022, for an advertised public hearing for the code adoption ordinance. A public hearing is required prior to the final adoption of the 2022 California Fire Code together with local amendments and District standards, all of which will constitute the Fire Code of the Rancho Cucamonga Fire Protection District.

BACKGROUND:

Every three years, the State Fire Marshal adopts a new California Fire Code based on the model code provisions of the International Fire Code. When the State’s code is adopted and made effective July 1st in the triennial cycle, local fire agencies have six months to make amendments and adopt the code at the local level.

The code adoption process requires two readings of the proposed ordinance. Unlike most other ordinances, the public hearing for the fire code adoption ordinance is held in conjunction with the second reading of the ordinance in accordance with Section 13869 of the Health and Safety Code and Section 50022 of the Government Code. It is for this reason that the first reading is accompanied by a request for the Board to set a public hearing that coincides with the second reading of the ordinance at the Board meeting scheduled for November 2, 2022.

ANALYSIS:

This proposed ordinance continues the Fire District’s commitment to reducing risks, promoting a high quality of life, preserving economic vitality, and protecting the environment in Rancho Cucamonga. Consistent with the last five code adoption ordinances, the local amendments to construction provisions are minimal and are limited to those necessary to address the challenges inherent to Rancho Cucamonga’s climate, geology, or topography. Most of the amendments are safety enhancements that have been included in previous ordinances and which reflect this

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community’s values and commitment to a culture of safety for residents, households, and businesses.

Many of the amendments proposed by this ordinance are administrative in nature designed to support and facilitate the business operations of the Fire District. Other amendments provide some fine tuning to safety standards and do not significantly impact development, construction, or business operations and thus will not have an adverse financial impact on developers or businesses. The Fire District is keenly aware that one of the primary ways of being a partner in this community’s sustainable economic development is to simply implement at the local level the fire, health, and environmental protection provisions approved by the State Building Standards Commission and the State Fire Marshal.

The proposed ordinance also carries over provisions from the 2019 Fire Code that provide additional abilities to recover court costs and attorney's fees. The Fire District rarely uses the courts to gain compliance with fire prevention, life safety, and environmental protection codes and standards, but when persistent non-compliance has left no other options, the compliance efforts taken into the courts have a cost that is sometimes substantial. The provisions approved in 2019 and included in this proposed ordinance will allow District staff to more fully recover the costs of court cases and put the cost burden of gaining compliance on the violator and not on general fund of the Fire District. These additions to the ordinance provide the best opportunity and tools to ensure the risk reduction, hazard mitigation, and safety that is expected and valued in Rancho Cucamonga is not a burden to those who comply with safety codes and standards.

Additionally, the proposed ordinance adopts by reference the State’s fire safe regulations for the State Responsibility Area and Very High Fire Hazard Severity Zones within the Fire District’s jurisdictional boundaries. This adoption by reference puts the Fire District in compliance with the State’s requirements for providing fire protection and prevention services in designated wildland- urban interface fire areas.

FISCAL IMPACT:

The proposed ordinance will re-authorize the assessment of fees by the Fire District for inspections and permits. This authorization provides the mechanism for the inspection services to recover associated costs; however, the collection of most inspection and permit fees is currently being waived by a resolution of the Board approved in conjunction with the adoption of the Fire District’s budget. The proposed ordinance also re-authorizes the fees and fines for false and unwanted alarms, maintains the ability to issue administrative citations, and, as previously mentioned, improves the ability to recover costs of legal services. All of these elements of the ordinance are designed to ensure fiscal responsibility by maximizing cost recovery where is it appropriate and approved by the Board.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Fire Code of the Rancho Cucamonga Fire Protection District, as offered by the proposed ordinance supports the Board’s vision of an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive and is consistent with the Board’s core values of providing and nurturing a high quality of life for all, promoting a safe and healthy community for all, and enhancing the opportunity for sustainable and equitable prosperity for all.

ATTACHMENTS:

Attachment 1 – Ordinance No. FD-58

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Ordinance No. FD 58 - Page 1 of 62
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ORDINANCE NO. FD 58

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, STATE
OF CALIFORNIA, ADOPTING BY REFERENCE THE 2022

CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH

CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,
ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND

REPEALING CONFLICTING ORDINANCES
The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows:

SECTION 1. Repeal of Conflicting Ordinances
Ordinance No. FD 57 of the Rancho Cucamonga Fire Protection District and any provisions of any District ordinance that are in conflict with the Fire Code hereby adopted are hereby repealed provided, however, that such repeal shall not affect or excuse any violation of either Ordinance or any such conflicting provisions, occurring prior to the effective date hereof.

SECTION 2. Fire Code Adopted
The Rancho Cucamonga Fire Protection District (hereinafter District or Fire District) hereby adopts by reference as the District’s Fire Code, the 2022 California Fire Code as published by the California Building Standards Commission, with errata, including Appendix Chapter 4; Appendices A, B, BB, C, CC, H, I, N, and O; and Referenced Standards, with the changes, modifications, amendments, additions, deletions, and exceptions prescribed in Section 4 of this ordinance, and the same are hereby adopted for safeguarding of life, property, and the community from injury; fire; explosion; hazardous materials, substances, devices, conditions, processes, activities, operations, practices, and functions; environmental damage; and economic harm, and providing for the issuance of permits and the collection of fees. Each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code, a copy of which is on file in the office of the Secretary of the Board of Directors of the Fire District, are hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance, subject only to the amendments and deletions herein.

2.1 Definitions. As used in the Fire Code, the terms set forth below are defined as follows:

2.1.1 The terms “Board of Directors” and “Directors” shall mean the governing body of the District.

2.1.2 The terms “department”, “Department”, “district”, “District”, “fire department”, “fire district”, “Fire District”, “jurisdiction”, and “Jurisdiction” where used in the Fire Code and this ordinance to identify the local fire authority shall mean the Rancho Cucamonga Fire Protection District.

2.1.3 The term “governing body” shall mean the Board of Directors of the Fire District.

2.1.4 The term “jurisdiction” shall mean all of the territory, land, buildings, structures, and premises within the legal boundary of the District.

2.1.5 The term “Municipal Code” shall mean the Municipal Code of the City of Rancho Cucamonga.

2.2 Fees
ATTACHMENT 1

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2.2.1 Reasonable fees, not to exceed fully burdened actual costs, may be collected by the fire code official for fire protection planning, fire prevention services, inspections, permit issuance, standby personnel, and emergency operations as allowed by the Fire Code, this ordinance, and as prescribed by any and all District fee resolutions.

2.3 Distinguishing Between Model Code Language; California Amendments; and Fire District Additions, Amendments, Deletions, and Other Changes

2.3.1 International Fire Code and California Code of Regulations Title 14 model code language appears in regular type.

2.3.2 California amendments to the model code language appear in italics.

2.3.3 Fire District additions and amendments are identified by the use of underlining.

2.3.4 Subsections where the text of the model code and/or California amendments has been deleted are identified by the > symbol preceding the subsection number.

2.3.5 Code sections that have not been amended or changed in any manner are occasionally included in this ordinance to keep the additions, amendments, deletions, and other changes in context.

SECTION 3. Fire Code Adoption Matrix

3.1The following Fire Code Adoption Matrix is provided as a single reference showing which chapters and appendices of the 2022 California Fire Code are adopted by this Ordinance and which chapters and appendices have been amended by this Ordinance.

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Fire Code Adoption Matrix – Divisions and Chapters
Division/
Chapter/
Appendix
Title
Adopt California
Code without
Amendments
Adopt California
Code with
Fire District
Amendments
Adopt IFC Model
Code with State/
District
Amendments
Not Adopted -
Reference
Only
Ch. 1 Division I California Administration X
Ch. 1Division II Scope and Administration X
Ch. 2 Definitions X
Ch. 3 General Requirements X
Ch. 4 Emergency Planning and Preparedness X
Ch. 5 Fire Service Features X
Ch. 6 Building Services and Systems X
Ch. 7 Fire and Smoke Protection Features X
Ch. 8 Interior Finish, Decorative Materials and Furnishings X Ch. 9 Fire Protection and Life Safety Systems X
Ch. 10 Means of Egress X
Ch. 11 Construction Requirements for Existing Buildings X Ch. 12 Energy Systems X
Ch. 13-19 RESERVED
Ch. 20 Aviation Facilities X
Ch. 21 Dry Cleaning X
Ch. 22 Combustible Dust-Producing Operations X
Ch. 23 Motor Fuel-Dispensing Facilities and Repair Garages X Ch. 24 Flammable Finishes X
Ch. 25 Fruit and Crop Ripening X
Ch. 26 Fumigation and Insecticidal Fogging X
Ch. 27 Semiconductor Fabrication Facilities X
Ch. 28 Lumber Yards… and Woodworking Facilities X
Ch. 29 Manufacture of Organic Coatings X
Ch. 30 Industrial Ovens X
Ch. 31 Tents, Temp Structures, and Other Membrane Structures X Ch. 32 High-Piled Combustible Storage X
Ch. 33 Fire Safety During Construction and Demolition X Ch. 34 Tire Rebuilding and Tire Storage X
Ch. 35 Welding and Other Hot Work X
Ch. 36 Marinas X
Ch. 37 Combustible Fibers X
Ch. 38 RESERVED
Ch. 39 Processing and Extraction Facilities X
Ch. 40 Storage of Distilled Spirits and Wines X
Ch. 41-47 RESERVED
Ch. 48 Motion Picture and Television Production Studio Sound Stages X Ch. 49 Requirements for Wildland-Urban Interface Fire Areas X Ch. 50 Hazardous Materials – General Provisions X
Ch. 51 Aerosols X
Ch. 52 RESERVED
Ch. 53 Compressed Gases X
Ch. 54 Corrosive Materials X
Ch. 55 Cryogenic Fluids X
Ch. 56 Explosives and Fireworks X
Ch. 57 Flammable and Combustible Liquids X
Ch. 58 Flammable Gases and Flammable Cryogenic Fluids X Ch. 59 Flammable Solids X
Ch. 60 Highly Toxic and Toxic Materials X
Ch. 61 Liquefied Petroleum Gases X
Ch. 62 Organic Peroxides X
Ch. 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids X Ch. 64 Pyrophoric Materials X
Ch. 65 Pyroxylin (Cellulose Nitrate) Plastics X
Ch. 66 Unstable (Reactive) Materials X
Ch. 67 Water-Reactive Solids and Liquids X
Ch. 68-79 RESERVED
Ch. 80 Referenced Standards X

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Fire Code Adoption Matrix – Appendices
SECTION 4. Local Amendments to the California Fire Code. Except as modified by an express change, modification, amendment, addition, deletion, or exception in this section, and as reflected in the Fire Code Adoption Matrix in Section 3, above, all sections, subsections, tables, chapters and appendices as published in the 2022 California Fire Code are adopted by reference and made part of the Fire Code.

Only those sections, subsections, tables, chapters and appendices so modified are set forth below in Section 4.

DIVISION II

ADMINISTRATION
PART 1 – GENERAL PROVISIONS
SECTION 101

GENERAL
101.1 Title. These regulations shall be collectively known as the Fire Code of the Rancho Cucamonga Fire Protection District (District or Fire District), hereinafter referred to as “this code.” SECTION 102

APPLICABILITY
>102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property.

Buildings determined to be historic shall be subject to the applicable provisions of Chapter 11, the California Building Code, and the California Historical Building Code.

Appendix Title
Adopt Appendix
without
Amendments
Adopt Appendix
with Fire District
Amendments
Adopt IFC Model
Code with State/
District
Amendments
Not Adopted -
Reference
Only
App. Ch. 4 Special Detailed Requirements Based on Use and Occupancy X App. A Board of Appeals X
App. B and BB Fire-Flow Requirements for Buildings X
App. C and CC Fire Hydrant Locations and Distributions X App. D, E, F, G Various X
App. H Hazardous Materials Management Plan X
App. I Fire Protection Systems – Noncompliant Conditions X App. J, K, L, M Various X
App. N Indoor Trade Shows and Exhibitions X
App. O Temporary Haunted Houses, Ghost Walks, and Similar… X App. P Community WUI Wildland-Urban Interface Eval Framework X

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102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and Fire District standards approved by the fire code official. Such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated by Sections 102.7.1 through 102.7.3. 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.7.3 Intent of the Code. Where the intent of the code is unclear due to differences that may occur between the provisions of this code and the referenced standards, the fire code official shall determine which requirement meets the intent of this code.
102.10 Conflicting Provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Provisions of the California Code of Regulations that are included in this code specifically or by reference shall prevail except where this code or a referenced code or standard contains a more restrictive requirement.
102.13 State Responsibility Area. State Responsibility Area (SRA) within the District shall be subject to the provisions of California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2 known as the “SRA/VHFHSV Fire Safe Regulations” except when provisions of this code are more restrictive than the corresponding provisions of Title 14.

Exception: When in the opinion of the fire code official the provisions of the SRA/VHFHSZ Fire Safe Regulations are better suited to the conditions, circumstances, or practical difficulties existing or inherent in the SRA, the requirements of the SRA/VHFHSZ Fire Safe Regulations that are less restrictive than this code may be approved in whole or in part for a specific application or project.

The approval of a less restrictive provision of the SRA/VHFHSZ Fire Safe Regulations over a more restrictive provision of this code in one case shall not be construed to be an approval in any other case.
102.13.1 Amendments. The SRA/VHFHSZ Fire Safe Regulations are amended as follows:
§1270.06 Exceptions to Standards.
>(c) Where an exception is not granted by the inspection authority, the applicant may appeal such denial in accordance with Section 111 of this code.

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PART 2 – ADMINISTRATIVE PROVISIONS
>SECTION 103

CODE COMPLIANCE AGENCY
Deleted
SECTION 104

DUTIES AND POWERS OF THE FIRE CODE OFFICIAL
104.1 General. The fire code official is hereby authorized to implement, administer, and enforce the provisions of this code. The fire code official shall have the authority to render interpretations of this code and to adopt policies, procedures, rules, and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules, and regulations shall be in compliance with the intent and purpose of this code. Such policies, procedures, rules, and regulations shall not have the effect of waiving requirements specifically provided for in this code. The fire code official is also authorized to implement, administer, and enforce provisions of the Municipal Code where such authority has been granted.
104.1.1 Appointment. The fire code official shall be appointed by the fire chief and shall hold the position in accordance with the Rancho Cucamonga Fire Protection District Rules and Regulations. 104.1.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint deputy fire code officials, other related technical officers, inspectors, and other employees. 104.1.3 Other enforcement officers. The following persons are hereby authorized, during the course of their official duties, to enforce the provisions of this code and to make arrests and issue citations as authorized by law:

1. The San Bernardino County Sheriff and any Deputy Sheriff

2. Officers of the United States Forest Service

3. The State Forest Ranger and Peace Officers of the California Department of Forestry and Fire Protection (Cal Fire)

4. Officers of the California Highway Patrol

5. Law enforcement and authorized members of fire agencies operating under automatic or mutual aid agreements within the boundaries of the Rancho Cucamonga Fire Protection District

6. Employees of the City of Rancho Cucamonga’s Building and Safety Department and Community Improvement Division who have been expressly designated by their appointing authority as having the power of arrest or the authority to issue administrative citations. 104.3.2 Right to cure. When a property owner or owners fail to undertake the maintenance and repair of a fire apparatus access road or a private, onsite water supply system as defined by Fire District Standard 5-10, and the failure is not cured within 20 days after receipt of written demand from the Fire District to do so (or if such failure cannot reasonably be cured within such 20 day period, the property owner or owners shall have such longer period as may reasonably be necessary to cure the failure so long as the property owner or owners commence to cure such failure within the above 20 day period and thereafter diligently and continuously prosecutes such cure to completion), then upon reasonable prior notice, the Fire District shall thereafter have a license and right to enter upon the property for the sole purpose of undertaking and completing such maintenance and repair; provided, however, that the Fire District shall, upon completion thereof, repair all damage negligently caused by such entry and repair to the same condition as existed immediately prior to the

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commencement of such maintenance and repair work. The property owner or owners shall promptly reimburse the Fire District for the actual costs incurred in performing such work. 104.7 Liability. The fire code official, member of the board of appeals, officer, or employee charged with the enforcement of this code, while acting in that capacity for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted by this code or by reason of an act or omission in the discharge of official duties. 104.7.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate or hired agent of the District shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the District, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 104.9 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen the health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the District. 104.13 Cost recovery generally. Costs incurred by the District for fire suppression, investigation, rescue, emergency medical care, responses to a traffic collision or accident, responses to a false or unwanted alarm or a malfunctioning alarm system, and containment/mitigation of a hazardous materials release are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1 and Government Code Section 53150 et seq.

Any person who negligently or intentionally, or in violation of law, causes an emergency response is liable for any and all of the costs associated with the emergency and the emergency response. Any expense incurred by the District in responding to and securing such an emergency situation shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, expressed or implied. Fire inspection costs are recoverable in accordance with the District’s Fee Resolution.
104.14 Cost recovery for nuisance abatement. All costs actually incurred by the District in any action, administrative proceeding or special proceeding to abate a violation of this code, which constitutes a nuisance, may be recovered by the District by any means authorized by law, including but not limited, to lien or special assessment according to the requirements of law, and there shall be a right to appeal pursuant to Section 111 of this code. An “action” or “proceeding” means any civil or administrative proceeding or appeal therefrom. Attorney’s fees incurred by the District in such proceedings may be recovered by the prevailing party if the District elected at the initiation of the action or proceeding to recover its own fees.

In no action or proceeding of any type shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees.

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104.15 Subpoenas. The District shall have the power to issue subpoenas and subpoenas duces tecum. This power shall be exercised and enforced in the manner provided by the Government Code, and such powers shall extend only to business of the District in investigating and enforcing violations of this code and other laws enforceable by the District. Subpoenas shall be signed by the chair or clerk of the District Board.

Any member of the Board, or any person otherwise so empowered may administer oaths to, or take affirmations from, witnesses before the Board.

SECTION 105

PERMITS
105.1 General. Permits shall be in accordance with this section. >105.1.4 Emergency Repairs. The fire code official shall be notified when equipment replacement and/or repairs must be performed in an emergency situation. In such cases, the replacement of equipment and/or repairs are authorized to take place prior to the submittal of the plans and permit application for the necessary work. The fire code official is authorized to specify a time within which the plans and permit application must be submitted.
105.1.5 Repairs. Application or notice to the fire code official is not required for ordinary repairs to structures, equipment, or systems. Such ordinary repairs shall not include:

1. Cutting away of any wall, partition, or portion thereof.

2. Removal or change of any required means of egress.

3. Rearrangement of parts of a structure affecting the egress requirements.

4. Addition to, alteration of, replacement, or relocation of any standpipe, fire protection water supply, automatic sprinkler system, fire alarm system, or automatic fire-extinguishing system.

5. Replacement of a fire alarm control unit.

6. Change to the fire alarm communicating method and/or equipment.

7. Any other work which, in the opinion of the fire code official, potentially affects fire protection or life safety.
>105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. Construction permits and fees shall be in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San Bernardino. Permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued.
>105.3.1.1 Expiration. [BSC] On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San Bernardino. The building official is authorized to grant, in writing, one or more extensions of time in accordance with the applicable policies, procedures, and/or ordinances. (See Health and Safety Code Section 18938.5 and 18938.6 for reference.) >105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons.

The fire code official and/or the building code official are authorized to grant, in writing, one or more

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extensions of the time period of a permit in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San Bernardino. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. Expired permits, at the discretion of the fire code official and/or the building code official, may be returned to an unexpired status and extensions granted in accordance with this section.
105.4.1 Non-payment of permit fee. The fire code official is authorized to revoke a permit issued under the provisions of this code when the permittee fails to pay permit fees in accordance with the terms of the Permit Application or when a check or credit/debit card transaction submitted for payment of the permit fee(s) is returned or declined.
>105.5 Required operational permits. The fire code official is authorized to require and issue operational permits for the operations set forth in Fire District Standard 1-1. >105.6 Required construction permits. The fire code official is authorized to require and issue construction permits for work as set forth in Fire District Standard 1-2.

SECTION 106

CONSTRUCTION DOCUMENTS
>106.1 Submittals. Construction documents and supporting data shall be submitted in in accordance with the policies and procedures, and in such form and detail, as required by the fire code official and/or the building official. Construction documents shall be prepared by a registered design professional where required by state or local statutes or policies.

Exception: The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
106.2.1 Information on construction documents. Construction documents are generally required to be drawn to scale. Documents are generally required to be submitted in a digital format with document settings and formatting in accordance with the policies and procedures of the District and the Building Department. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations as determined by the fire code official and/or the building official.
>106.4 Retention of construction documents. Construction documents shall be retained by the fire code official in accordance with the City of Rancho Cucamonga’s Retention Schedule. One set of approved construction documents shall be returned to the applicant and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. At the conclusion of the work, construction documents are required to be kept on the site or at another location where the documents are readily accessible to the building owner.

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SECTION 107
FEES
107.1 Fees. A permit shall not be issued until the fees, if any, have been paid, nor shall an amendment or change to a permit be released until the additional fee, if any, has been paid. >107.2 Schedule of permit fees. Fees for inspections and permits shall be established by a fee schedule approved by the Board. Assessed fees shall be due and payable in accordance with the policies of the District.
107.2.1 Collection of fees. The collection of previously approved fees can be waived, or the amount collected can be reduced, by a resolution of the Board without affecting the approved fees. 107.4 Work commencing before permit issuance. A person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to a citation with a fine or an additional fee established by the Board, which shall be in addition to the required permit fees.
107.5 Related fees. The payment of the fee for the construction, alteration, removal, or demolition of work done in connection to or concurrently with the work or activity authorized by an operational permit shall not relieve the applicant or holder of the construction, alteration, removal, or demolition permit from the payment of other fees that are prescribed by law. The payment of the fee for a permit for a conditional or temporary use approved by the City or County shall not relieve the applicant or holder of the conditional or temporary use permit from the payment of other fees prescribed by law. The payment of the fee established by the Board for an inspection and/or operational permit shall not relieve the recipient of inspection services or the applicant or holder of an operational permit from the payment of other fees duly prescribed by the Board and any other governmental or regulatory entity. 107.6 Refunds. The District is authorized to establish a policy allowing for refunds, reductions, or cancellations of fees that have been assessed or paid.
>SECTION 111

APPEALS
111.1 Policies and procedures for appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created policies and procedures for appeals. Appeals shall be in accordance with Appendix A as amended and Fire District Standard 1-3.

Note: The remainder of Section 111 is deleted and replaced with Fire District Standard 1-3.

SECTION 112

VIOLATIONS
112.1 Unlawful acts. It shall be unlawful and a public nuisance for a person, firm, or corporation to erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises, system, equipment, or process regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, District ordinance or resolution, or other lawful order of the fire chief, fire code official, or their designees.

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112.3 Notice of Violation. Where the fire code official finds a building, premises, vehicle, storage facility, outdoor area, equipment or equipment in use, process, or procedure that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for re-inspection.

Violations that are deemed to be immediately dangerous to life, health, or the environment will be subject to stop work or similar orders in accordance with Section 113 and Fire District Standard 1-4, prosecution, and/or any and all penalties in accordance with this code. 112.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct, or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. In addition to, or in place of, any other remedy which is allowed by law, administrative penalties may be imposed in connection with any violation of this code or District ordinance.
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a public nuisance and misdemeanor, punishable by a fine of not more than the maximum allowed by law or by imprisonment not exceeding six months, or both such fine and imprisonment. The fire code official, with the concurrence of the chief and the district attorney or District prosecutor, is authorized to issue administrative citations and fines as allowed by an ordinance of the Board of Directors in place of, or in addition to, the violation penalties contained in this section. Each day that a violation continues after notice has been served shall be deemed a separate offense.

In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District’s Administrative Citation Ordinance may be imposed in connection with any violation of this code or any District ordinance. Any person violating or who has violated any section of this code or District ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance. In addition, violations of this code may be abated by any other means authorized by law, including injunctive relief. These remedies are intended to be cumulative and not exclusive and may be used in addition to or in lieu of each other.
>SECTION 113

STOP WORK ORDER
113.1 General. A stop work order is authorized to be issued in accordance with Fire District Standard 1-4 where the fire code official finds any operation, process, procedure, equipment, building, or work regulated by this code, any other code adopted by the City of Rancho Cucamonga or the County of San Bernardino, or any State or Federal law, statute, or regulation, being performed in a manner contrary to the provisions of the applicable code, or in a dangerous or unsafe manner.

Note: The remainder of Section 113 is deleted and replaced with Fire District Standard 1-4.

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>SECTION 114

UNSAFE STRUCTURES, EQUIPMENT, AND OPERATIONS
114.1 General. If during the inspection of a premises, a structure, any building system, or any operation regulated by this code or an approved or recognized standard, in whole or in part, a determination is made by the fire code official that conditions are an inimical threat to human life, safety, or health or otherwise unsafe, the fire code official is authorized to address, remove, or otherwise remedy the condition in accordance with Fire District Standard 1-4.

Note: The remainder of Section 114 is deleted and replaced with Fire District Standard 1-4.

SECTION 115

ACCESS RESTRICTIONS
115.1 Public Lands. The chief is authorized to determine when conditions exist on public lands within the designated wildland-urban interface fire area that present an immediate, exceptional, and/or continuing danger. Such conditions include, but are not limited to, critical fire weather conditions, a red flag warning or fire weather watch issued by the National Weather Service, dangerously low fuel moisture levels, density of the natural vegetation, imminent flooding or flooding in progress, and similar hazards to individual and community safety. Upon making such a determination, the chief is authorized to close the affected areas and prohibit entry with the concurrence, where applicable, of the federal, state, or local agency that has primary jurisdiction over the affected area.

Exceptions:

1. Residents and owners of private property and their invitees whose regular access to their property is through an affected area.

2. Entry, while in the course of duty, by peace or police officers; officials and employees of the District, San Bernardino County Fire Protection District, CalFire, US Forest Service, and automatic and mutual aid fire departments; and all other public officials having legitimate business within the affected areas.

3. Entry by authorized persons engaged in the maintenance, repair, or installation of equipment owned and/or operated by public or private utilities or communications systems. 115.1.1 Continuing Authorization. Any closure of public lands authorized by the chief that will extend more than 15 calendar days shall be approved by the Board of Directors within 15 days of the effective date of the closure or at the next regularly scheduled meeting of the Board. 115.1.2 Notification. Upon closing and prohibiting entry to public lands, the chief shall, within 24 hours, make notification of the closure through a press release that includes at least one locally published newspaper and shall, within five days or as soon as practical, post signs at the entry points of the affected areas indicating that the area is closed and entry is prohibited. 115.1.3 County Administered Lands. The closure of any public lands within the designated wildland-urban interface fire area that are administered by an agency or department of the County of San Bernardino shall be with the concurrence of the County Fire Chief / Warden of the San Bernardino County Fire Protection District. Any closure of such lands that will extend more than 15 days shall be with the concurrence of the San Bernardino County Board of Supervisors. Concurrence of the Board of Supervisors is required to be obtained within 15 days of the effective date of the closure or at the next regularly scheduled meeting of the Board of Supervisors.

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115.2 Private Property. With the consent of an owner or owners of private property within the designated wildland-urban interface fire area, the chief is authorized to prohibit entry onto private property through the use of trespassing laws when the chief has determined that conditions exist that present an immediate, exceptional, and/or continuing danger to individual or community safety. 115.2.1 Notification. Signs prohibiting entry into or trespassing upon the property and indicating the existence of dangerous conditions shall be posted on or near the property. 115.3 Penalties. A person who is found to be in violation of orders issued under the authority of this section shall be subject to the penalties set forth in Section 112.

CHAPTER 2

DEFINITIONS
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter and Fire District Standard 2-1. 201.3 Terms defined in other codes and standards. Where terms are not defined in the California Fire Code but are defined in the California Building Code, California Mechanical Code, California Plumbing Code, standards and publications of the National Fire Protection Association (NFPA), FM Global Data Sheets, Fire District standards, other standards referenced in this code, or other nationally recognized fire and life safety standards, such terms shall have the meanings ascribed to them in those codes and standards.

CHAPTER 3

GENERAL PRECAUTIONS AGAINST FIRE
SECTION 301

GENERAL
301.2 Permits. Permits for operations or uses regulated by this chapter shall be required as set forth in Section 105.

SECTION 304

COMBUSTIBLE WASTE MATERIAL
304.1.2 Vegetation. Weeds, grass, vines, trees, shrubs, ornamental and native landscaping, groves, vineyards, gardens, and any other vegetation or the trimmings and litter from such vegetation that is capable of being ignited and endangering property shall be maintained and/or removed by the owner or occupant of the premises sufficiently to reduce the hazard to property and people. 304.1.2.1 Wildland-Urban Interface Fire Areas. Vegetation management, reduction, and clearance in wildland-urban interface fire areas shall be in accordance with Chapter 49 and Fire District Standard 49-1.
304.1.2.2 Weed and fire hazard abatement. Weed and fire hazard abatement shall be in accordance with Section 322, Fire District Standard 3-5, or the Municipal Code as applicable.

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SECTION 305

IGNITION SOURCES
305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger property or the health or safety of any person.
>SECTION 307

OUTDOOR FIRES
307.1 General. All outdoor fires, including but not limited to, open burning, bonfires, recreational fires, contained fires, and fires in a portable or permanently installed or constructed outdoor open burning feature such as a fireplace, fire pit, and fire bowl shall be in accordance with Fire District Standard 3-1 and other applicable sections of this code.
307.2 Permits required. Permits for outdoor fires are required in accordance with Section 105.

Note: The remainder of Section 307 is deleted and replaced with Fire District Standard 3-1. >SECTION 308

OPEN FLAMES, OPEN FLAME DEVICES, AND FLAME PRODUCING FEATURES 308.1 General. Open flames, open flame devices, and flame producing features on all premises shall be in accordance with Fire District Standard 3-2 and other applicable sections of this code. 308.2 Permits required. Permits for open flames, open flame devices, and flame producing features are required in accordance with Section 105.

Note: The remainder of Section 308 is deleted and replaced with Fire District Standard 3-2.

SECTION 309

POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
309.1 General. Powered industrial trucks, electric carts/cars, and similar equipment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with this section. Permits shall be required as set forth in Section 105.

SECTION 310

SMOKING
310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette, or any other type of smoking paraphernalia or material is prohibited in accordance with the Municipal Code of the City of Rancho Cucamonga and in the areas indicated in this section.

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SECTION 314

INDOOR DISPLAYS
314.1 General. Indoor displays constructed within any occupancy shall comply with this section, Appendix N, and Fire District Standard 4-2.
314.1.1 Permits. Permits shall be required as set forth in Section 105. 314.4 Vehicles. Liquid-fueled or gaseous-fueled vehicles, aircraft, boats, or other motorcraft shall not be located indoors except as follows:

1. The engine starting system is made inoperable or batteries are disconnected except where the fire code official requires that the batteries remain connected to maintain safety features.

2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (whichever is least).

3. Fuel tanks, fill openings, and filling connections are closed and sealed to prevent the escape of vapors and locked or secured to prevent tampering.

4. Fuel tanks are inspected for leaks and determined to be free from leaks prior to placing the vehicle in a building.

5. Vehicles, aircraft, boats, or other motorcraft equipment are not fueled or defueled within the building.

6. The location of vehicles or equipment does not obstruct means of egress.

7. In accordance with the applicable provisions of Appendix N. 314.4.1 Approved competitions and demonstrations. Liquid-fueled and gaseous-fueled vehicles and equipment approved by the fire code official for use in a competition or demonstration within a building shall comply with Sections 314.4.1.1 through 314.4.1.3. 314.4.1.1 Fuel storage. Fuel for vehicles or equipment shall be stored in approved containers in an approved location outside of the structure in an approved manner not less than 50 feet from the structure. Storage shall be in accordance with the applicable chapters and sections of this code.
314.4.1.2 Fueling. Refueling shall be performed outside of the structure in an approved location not less than 20 feet from the structure.
314.4.1.3 Spills. Fuel spills shall be cleaned up immediately.

SECTION 315

GENERAL STORAGE
315.1 General. Storage shall be in accordance with this section, other applicable sections of this code, and Fire District Standard 3-3. Outdoor pallet storage shall be in accordance with Sections 315.2 and 315.7. Indoor pallet storage shall be in accordance with Sections 315.2 and 315.8. Storage of commodities that expand with the absorption of water shall be in accordance with Sections 315.2 and 315.9.
315.2 Permit required. Permits for miscellaneous combustible storage and high-piled combustible storage are required in accordance with Section 105.

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315.8 Indoor pallet storage. Indoor pallet storage shall be in accordance with the applicable sections and chapters of this code.
315.9 Commodities that expand with the absorption of water. Storage of commodities that expand or have the potential to expand with the absorption of water, such as roll paper, shall be in accordance with Fire District Standard 3-3.

SECTION 316

HAZARDS TO FIRE FIGHTERS
316.6 Structures and outdoor storage underneath high-voltage transmission lines. Structures and outdoor storage underneath high-voltage transmission lines shall comply with Sections 316.6.1 and 316.6.2, respectively and Fire District Standard 3-3.
316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high- voltage transmission lines.

Exceptions:

1. Restrooms and unoccupied telecommunications structures of noncombustible construction less than 15 feet in height.

2. Temporary structures less than 15 feet in height such as storage sheds, sales offices, and informational/management kiosks associated with uses such as community gardens, commercial nurseries, and sports facilities.
316.6.2 Outdoor storage. Outdoor storage within the utility easement underneath high-voltage transmission lines shall be limited to noncombustible material. Storage of hazardous materials including, but not limited to, flammable and combustible liquids is prohibited.

Exceptions:

1. Combustible storage, including vehicles and fuel storage for backup power equipment serving public utility equipment, is allowed, provided that a plan indicating the storage configuration is submitted and approved by the fire code official.

2. Plants, trees, shrubs, and other vegetation, including combustible containers, offered for sale.

3. Combustible materials used for garden boxes, trellises, and other gardening and food cultivation associated with a community garden.

4. Fertilizers, pesticides, and herbicides necessary for the operation of a community garden or commercial nursery in amounts that do not exceed an aggregate of 200 gallons or 500 pounds.

SECTION 317

LANDSCAPED AND OCCUPIED ROOFS
317.1 General. Landscaped and occupied roofs shall be designed, constructed, installed and maintained in accordance with this section, Sections 1505 and 1507.15 of the California Building Code, and Fire District Standard 3-6.

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SECTION 324

WASTE HANDLING AND RECYCLING FACILITIES
324.1 General. Waste handling, recycling and scrap facilities, automobile wrecking yards, and junk yards shall be in accordance with Fire District Standard 3-4 and other applicable sections of this code. 324.2. Permits. Permits shall be required as set forth in Section 105.

SECTION 325

WEED AND FIRE HAZARD ABATEMENT
325.1 General. Every owner of private real property within the jurisdiction of the Fire District shall abate all fire hazards created by weeds, seasonal grasses, tumbleweeds, native plants and trees, and other vegetation, vegetation litter, debris, trash, or combustible waste material from such property, including sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control of another person or entity. Such abatement shall be in accordance with Fire District Standard 3-5 or the Municipal Code as applicable and as determined by the fire code official. All such fire hazards are declared to be a public nuisance as to which the costs of abatement, as more fully described in Fire District Standard 3-5 and the Municipal Code, may be specially assessed as provided in Health and Safety Code Sections 14902 and 14912 et seq., or otherwise as provided by law. The procedures for abatement of fire hazards set forth in Fire District Standard 3-5 and the Municipal Code are not exclusive but are in addition to any and all other procedures set forth in this code for the abatement of nuisances and fire hazards.

CHAPTER 4

EMERGENCY PLANNING AND PREPAREDNESS
SECTION 401

GENERAL
401.10 Indoor and Outdoor Special Events. Public assemblages; carnivals, fairs, exhibits, trade shows, and similar indoor or outdoor events; special amusement areas; and seasonal sales lots shall comply with the provisions of this code and Fire District Standards 4-1, 4-2, 4-3, 4-4, and Appendix N. 401.11 Permits. Permits shall be required as set forth in Section 105.

SECTION 402

DEFINITIONS
402.1 Definitions. Definitions are in accordance with Chapter 2 and Fire District Standard 2-1.

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SECTION 403

EMERGENCY PREPAREDNESS REQUIREMENTS
403.9.2.2 Emergency guide. An emergency guide shall be provided for Group R-2 occupancies.

Guide contents, maintenance, and distribution shall comply with Sections 403.9.2.2.1 through 403.9.2.2.3.
403.9.2.2.1 Guide contents. The emergency guide shall describe the location and use of fire protection equipment and appliances available for use by residents, including fire alarm systems, smoke alarms, and portable fire extinguishers. Guides shall also include an emergency evacuation plan for each dwelling unit and any other information determined by the fire code official or the emergency management official to be beneficial in preventing, preparing for, mitigating, responding to, and/or recovering from emergencies and/or disasters.
403.9.2.2.2 Emergency guide maintenance. Emergency guides shall be reviewed and approved by the fire code official. Emergency guides shall be reviewed at least annually by the owner, owner’s association, and/or the manager. When it is determined that the emergency guide needs to be updated and/or modified, proposed changes shall be submitted to the fire code official for review and approval.
403.9.2.2.3 Emergency guide distribution. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. Updated versions of the emergency guide shall be given to all current tenants. Each tenant shall acknowledge in a manner acceptable to the fire code official and the owner or owner’s agent the receipt of the fire emergency guide. Tenants shall provide such acknowledgement when updated versions of the emergency guide are provided. Electronic versions of the emergency guide and electronic distribution shall be acceptable.
403.11.1 Fire watch and safety standby personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons; the nature of the performance, exhibition, display, contest, or activity; or the presence of hazards and/or risks to people or property, the owner, agent, or lessee shall provide one or more qualified fire watch and/or safety standby personnel, as required and approved by the fire code official. Fire watch and standby personnel shall comply with Sections 403.11.1.1 and 403.11.1.2.
403.11.1.1 Duty Times. Fire watch and safety standby personnel shall remain on duty while places requiring a fire watch or safety observation are open to the public, or when an activity requiring a fire watch or safety standby personnel is being conducted. 403.11.1.2 Duties. On-duty fire watch and safety standby personnel shall have the following responsibilities:

1. Keep diligent watch for fires, obstructions to means of egress, and other hazards.

2. Immediately report fires, smoke conditions, major injuries, significantly unsafe conditions, and other dangerous circumstances and public safety concerns by notifying the 911 system.

3. Prohibit unauthorized persons from entering areas that are unsafe.

4. Take prompt measures for remediation of hazards and extinguishment of fires that occur.

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5. Take prompt measures to assist in the evacuation of the public from structures and/or other areas of immediate danger in accordance with the conditions of the emergency.

6. Take prompt measures to assist with defending in place in accordance with the conditions of the emergency.

7. Assist with emergency services as directed by first responders.

8. Unless determined otherwise by the public safety plan for gatherings, wear a uniform or be identifiable and distinguishable to the attendees and first responders. 403.11.2 Public safety plan for gatherings. Where the fire code official determines that an indoor or outdoor gathering of persons could have an adverse impact on public safety through diminished access to buildings, structures, fire hydrants, fire apparatus access roads, persons in need of emergency medical care, unrestricted access to the public way, and/or similar risks to general public safety or where such gatherings could adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of, or prescribe a public safety plan that provides an approved level of public safety and addresses the following items:

1. Emergency vehicle ingress and egress.

2. Fire protection and extinguishment.

3. Emergency egress, escape routes, or defend-in-place procedures and/or locations.

4. Emergency medical services.

5. Public assembly areas.

6. The directing of both attendees and vehicles, including the parking of vehicles.

7. Vendor and food concession distribution.

8. The need for the presence of law enforcement.

9. The need for fire and emergency medical services personnel to be on site.

10. The need for a weather monitoring person.
>SECTION 404

SAFETY, EVACUATION, AND LOCKDOWN PLANS
>404.1 General. Where required by Section 403, safety, evacuation and lockdown plans shall comply with Sections 404.2 through 404.4.1.
[California Code of Regulations, Title 19, Division 1, §3.10] Evacuation of Buildings.

Upon notification of fire, conduct of any fire drill, upon activation of the fire alarm, or upon orders of the fire authority having jurisdiction, buildings or structures within the scope of California Code of Regulations, Title 19, Division 1 regulations shall be immediately evacuated or occupants shall be relocated in accordance with established plans.
>404.2 Contents. Safety, evacuation, and lockdown plan contents shall be in accordance with Sections 404.2.1 through 404.2.3.2.
>404.2.1 Evacuation plans. Evacuation plans shall include the following:

Note: No changes to the numbered list.
>404.2.2 Safety plans. Safety plans shall include the following:

Note: No changes to the numbered list except for those indicated below with underlining.

5. A list of major fire and other hazards associated with the normal use and occupancy of the premises, including maintenance and housekeeping procedures.

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>404.3 Maintenance. Safety, evacuation and lockdown plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building. >404.4 Availability. Safety, evacuation and lockdown plans shall be available in the workplace for reference and review by employees, and copies shall be furnished to the fire code official for review on request.
>404.4.1 Distribution. The safety, evacuation and lockdown plans shall be distributed to the tenants and building service employees by the owner or owner’s agent. Tenants shall distribute to their employees the applicable parts of the safety plan and lockdown plan affecting the employees’ actions in the event of a fire or other emergency.

SECTION 405

EMERGENCY EVACUATION DRILLS
405.7 Notification. Where a fire alarm system that is monitored by a supervising station will be used to initiate an emergency evacuation drill, prior notification of the emergency evacuation drill shall be given to the fire code official.

CHAPTER 5

FIRE SERVICE FEATURES
SECTION 503

FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Fire District Standard 5-1. 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus road and/or points of access to fire apparatus access roads based on the potential for impairment of a single road or point of access by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access.
503.2 Specifications. Fire apparatus access roads shall be designed, engineered, installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and Fire District Standard 5-1. [California Code of Regulations, Title 19, Division 1. Section 3.05(a)] Fire Department Access and Egress. (Roads)
(a) Roads. Required access roads from every building to a public street shall be all-weather, hard surfaced (suitable for use by fire apparatus) right-of-way not less than 26 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street.

Exception: The enforcing agency may waive or modify this requirement if in its opinion such all- weather, hard-surfaced condition is not necessary in the interest of public safety or welfare.

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503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet and an unobstructed vertical clearance of not less than 14 feet 6 inches. Street widths are to be measured from top face of curb to top face of curb on streets with curb and gutter, from flowline to flowline on streets with rolled curbs, from the edges of drivable surfaces capable of supporting the weight of fire apparatus where curbs are not provided.

Exceptions:

1. Gates shall be in accordance with Sections 503.5 and 503.6 and Fire District Standards 5- 3 and 5-4.

2. Roads at entry medians constructed for private commercial, industrial, or residential developments shall be a minimum of 20 feet on each side. The road shall not be part of a radius turn. This exception does not apply to public streets.

3. Dimensions may be reduced when in the opinion of the fire code official there are practical difficulties with providing the required dimensions.

4. Dimensions may be increased when in the opinion of the fire code official required dimensions are not adequate to provide fire apparatus access or when dimensions are not adequate to concurrently provide fire apparatus access and evacuation. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities.

Permanent fire apparatus access roads utilizing surface material other than concrete or asphalt shall be in accordance with Fire District Standard 5-2 and approved by the fire code official. Temporary fire apparatus access roads shall be in accordance with Fire District Standard 33-2. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in accordance with Fire District Standard 5-1.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus in accordance with Fire District Standard 5-1.
503.2.7 Grade. The grade of the fire apparatus access road shall be in accordance with Fire District Standard 5-1.
503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be in accordance with Fire District Standard 5-1. 503.3 Marking. Approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire apparatus access road marking shall be in accordance with Fire District Standard 5-1. 503.3.1 Marking during construction. When a construction site is enclosed by fencing or other barriers, or when the designated fire apparatus access is not readily apparent during construction, the location or locations of acceptable fire apparatus access to the construction site is required to be temporarily installed or displayed in a manner, location, and duration acceptable to the fire code official.
503.4 Obstruction of fire apparatus access. Fire apparatus access roads and public and private streets that provide access to fire apparatus access roads shall not be obstructed in any manner, including the

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parking or queuing of vehicles. The minimum widths and clearances established by the fire code official in accordance with Section 503.2.1 shall be maintained at all times. Water run-off and flood control dips or other surface irregularity shall be in accordance with Fire District Standard 5-1. 503.4.1 Traffic calming devices. Traffic calming devices are required to be in accordance with Fire District Standard 5-1 and approved by the fire code official. 503.4.2 Storm water management. Where approved by the fire code official, fire apparatus access roads may be used as part of a storm water management system in accordance with Fire District Standard 5-1.
503.4.3 Drop off and pick up. Where approved by the fire code official, fire apparatus access roads may be used for drop off and pick up in accordance with California Vehicle Code 22500.1 and Fire District Standard 5-1.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including public streets, alleys, or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200 and Fire District Standard 5-3 and Fire District Standard 5-4.
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200. Residential vehicular gates shall be in accordance with Fire District Standard 5-3. Commercial and industrial vehicular gates shall be in accordance with Fire District Standard 5-4.

503.7 Aerial fire apparatus access roads. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access, as measured to the highest point of the building, shall be provided with approved aerial fire apparatus access roads capable of accommodating fire department aerial apparatus in accordance with this section and Fire District Standard 5-1.

SECTION 504

ACCESS TO BUILDING OPENINGS AND ROOFS
504.1.1 Access identification. Required exterior access doors, including exit doors, in the warehouse or manufacturing areas of any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with Fire District Standard 5-5 to allow for quick identification by firefighters both inside and outside of the building.
504.4.1 Aerial ladders. Aerial fire apparatus ladder access to the roof and parapet ladders shall be in accordance with Fire District Standard 5-6.

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SECTION 505

PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road to which the building is addressed. Where required by the fire code official, address numbers shall be provided in additional locations to facilitate emergency response. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Addressing of multi-family residential buildings shall be in accordance with Fire District Standard 5-7. Addressing of commercial and industrial buildings shall be in accordance with Fire District Standard 5-8. For all other buildings, each character shall be not less than 4 inches high with a minimum stroke width of 0.5 inch. Acceptable dimensions of address numbers and letters will be determined by the fire code official to ensure that they are plainly legible and visible. Where access is by means of a private road or drive aisle and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Identification during construction. When permanently installing the address of a building under construction is not practical, the address of the construction site is required to be temporarily installed or displayed in a manner, location, and duration acceptable to the fire code official.

SECTION 506

KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys and/or other devices/information such as electronic card keys or access codes to gain necessary access as required by the fire code official. Key boxes shall be in accordance with Fire District Standard 5-9.

SECTION 507

FIRE PROTECTION WATER SUPPLIES
507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. The approved water supply shall be in accordance with this section, Appendix B, and Fire District Standard 5-10. 507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with Appendix B as amended and Fire District Standard 5-10. 507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6, Appendix C, and Fire District Standard 5-10.

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>507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a public or private street, on- site fire hydrants and mains shall be provided where required by the fire code official and in accordance with Fire District Standard 5-10.

Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement can be increased by the fire code official but shall not exceed 600 feet.

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement can be increased by the fire code official but shall not exceed 600 feet. 507.5.1.1 Hydrant for standpipe systems. Buildings equipped with a standpipe system shall have a fire hydrant located in accordance with Fire District Standard 5-10. 507.5.1.2 Hydrant for fire department connections. A minimum of one fire hydrant is required to be installed in accordance with Fire District Standard 5-10 when a fire protection system has a fire department connection.

SECTION 509

FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.3 Multi-tenant or multi-unit buildings. When an automatic fire sprinkler system or systems or a fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and the installed systems protect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached or included room or approved weather resistant enclosure accessible from the exterior of the building.

The room or enclosure shall be of a sufficient size as determined by the fire code official to allow firefighters and other emergency responders in full personal protective equipment the ability to operate safely with unrestricted access to all risers, control units, valves, and other installed equipment. Access doors serving the room or walk-in enclosure are required to be a minimum of 3 feet in width and 6 feet 8 inches in height.

SECTION 510

EMERGENCY RESPONDER COMMUNICATION COVERAGE
510.3 Permit required. Permits shall be required as set forth in Section 105.

SECTION 511

SITE PLANS
511.1 General. The owner of or person responsible for a building or facility shall provide the fire code official with a site plan in accordance with Fire District Standard 5-11. The owner or responsible person shall provide an updated site plan to the fire code official when any element of the site plan changes.

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CHAPTER 6

BUILDING SERVICES AND SYSTEMS
SECTION 601

GENERAL
601.2 Permits. Permits shall be required as set forth in Section 105.

SECTION 605

FUEL-FIRED APPLIANCES
605.5.2 Portable outdoor gas-fired heating appliances. Portable gas-fired heating appliances located outdoors shall be in accordance with Sections 605.5.2.1 through 605.5.2.3.4 and Fire District Standard 3-2.
605.5.2.1 Location. Portable outdoor gas-fired heating appliances shall be located in accordance with Sections 603.4.2.1.1 through 603.4.2.1.4.
605.5.2.1.1 Prohibited locations. The use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies.

Exceptions:

1. As permitted in Chapter 61.

2. One- and two-family dwellings.

3. When used in accordance with Fire District Standard 3-2. 605.5.2.1.2 Clearance to buildings. Portable outdoor gas-fired heating appliances shall be located not less than 10 feet from buildings.
605.5.2.1.3 Clearance to combustible materials. Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 10 feet to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings.
605.5.2.1.4 Proximity to exits. Portable outdoor gas-fired heating appliances shall not be located within 10 feet of exits or exit discharges.
605.5.2.1.5 Storage. When stored inside of any occupancy, tent, canopy, or membrane structure, portable outdoor gas-fired heating appliances shall be disconnected from the fuel gas container.
605.5.2.3.3 Container capacity. The maximum individual capacity of gas containers used in connection with portable outdoor gas-fired heating appliances shall not exceed 20 pounds (9 kg).

Exception: The capacity of an LP-gas container utilized with portable outdoor gas- fired heating appliances located on exterior balconies or within 10 feet of a building shall not be greater than 2 ½ pounds [nominal 1-pound LP-gas capacity].

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SECTION 606

COMMERCIAL COOKING EQUIPMENT, SYSTEMS, AND OPERATIONS
606.1 General. Commercial cooking equipment, systems, operations, and commercial kitchen exhaust hoods shall comply with the requirements of this section, Section 904, Section 907, the California Mechanical Code, NFPA 96, and Fire District Standard 6-1. 606.1.1 Permits. Permits shall be required as set forth in Section 105.

SECTION 608

MECHANICAL REFRIGERATION
608.11.1.2 Manual Operation. Where required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves are required be located outside of the machinery room in an approved location easily accessible to emergency response personnel. The valves can be secured to prevent tampering or unfettered access by unauthorized persons. The valves or the security enclosure are required to be identified as Emergency Controls.

SECTION 610

CLOTHES DRYER EXHAUST SYSTEMS
610.1 Clothes dryer exhaust duct systems. Clothes dryer exhaust dust systems shall be in accordance with Sections 610.1.1 through 610.1.3.
610.1.3 Reports. Reports in a format acceptable to the fire code official are required to document the required maintenance of clothes dryer exhaust duct systems installed in Group R-1, R-2, R-2.1, and R-4 occupancies.

CHAPTER 8

INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS
SECTION 807

DECORATIVE MATERIALS OTHER THAN DECORATIVE

VEGETATION IN NEW AND EXISTING BUILDINGS
>807.5.2.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.5.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.

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CHAPTER 9

FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 901

GENERAL
901.4.2 Non-required fire protection systems. A fire protection system or portion thereof not required by this code or the California Building Code shall be allowed to be furnished for partial or complete protection provided such installed system meets the applicable requirements of this code and the California Building Code. Partial systems shall be in accordance with Fire District Standard 9-1.
901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service.

Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. A fire watch shall be in accordance with Fire District Standard 9-2. 901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with, intentionally damage or destroy, or otherwise disturb any fire protection or life safety system, or other appurtenance installed as a component of a fire protection or life safety system required by this code, except for the purpose of extinguishing fire, approved training, recharging or making necessary repairs, or where approved by the fire code official. The fire code official is authorized to approve means for preventing and deterring the unlawful removal of and/or tampering with equipment installed as part of a fire protection or life safety system.

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS
903.1 General. Automatic sprinkler systems shall comply with this section, Fire District Standard 5-10, and Fire District Standard 9-3.
>903.2 Where required. Approved automatic sprinkler systems shall be provided:

1. In new buildings and structures in the locations described in Sections 903.2.1 through 903.2.22 as amended.

2. In existing buildings and structures where an addition or cumulative additions to the original footprint of the building or structure creates a fire area that is required by Sections 903.2.1 through 903.2.22 as amended to have an automatic sprinkler system.

Exception: Group R-3 occupancies.

3. In existing buildings and structures when a change in use results in a fire area that is required by Sections 903.2.1 through 903.2.22 as amended to have an automatic sprinkler system.

Exception: Group R-3 occupancies converted to Group R-3.1 occupancies in accordance with this section.
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section.

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903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet of new construction area.

2. The fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-1.

3. The fire area has an occupant load of 300 or more; or

4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

5. The fire area contains a multi-theater complex.
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout stories containing Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 100 or more; or

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4.The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet of new construction area.

2. The fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-3.

3. The fire area has an occupant load of 300 or more; or

4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

5.The structure exceeds 12,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet of new construction area.

2. The fire exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-4.

3. The fire area has an occupant load of 300 or more.

4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

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Ordinance No. FD 58 - Page 29 of 62
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903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for all enclosed Group A-5 accessory use areas in excess of 1,000 square feet. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 5,000 square feet in area.

Note: Conditions 2-7 are not amended. All other provisions of this section remain unchanged.
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F- 1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group F-1.
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet of new construction area.

2. A Group M fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group M.

3. A Group M fire area is located more than three stories above grade plane.

4. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group M.

5.The structure exceeds 12,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating.
903.2.7.2 Group M upholstered furniture or mattresses. An automatic sprinkler system shall be provided throughout a Group M fire area where the area used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet of new construction area.

2. A Group S-1 fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1.

3. A Group S-1 fire area is located more than three stories above grade plane.

4. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1.

5. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet.

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Ordinance No. FD 58 - Page 30 of 62
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903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings no more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area exceeds 5,000 square feet.
903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exist:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 12,000 square feet.
903.2.21 Pet dealers and pet boarding facilities. An automatic fire sprinkler system is required to be installed and monitored by an approved supervising station in accordance with this code in pet dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385.

Exception: Where an automatic fire alarm system is installed and monitored by an approved supervising station in accordance with this code.
903.4 Sprinkler system supervision and alarms. Valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit in accordance with this section and applicable Fire District Standards.

Exceptions:

1. Automatic sprinkler systems protecting one- and two-family dwellings.

2. Limited area sprinkler systems in accordance with 903.3.8.

3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided.

4. Jockey pump control valves that are sealed or locked in the open position.

5. Exception deleted.

6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.

8. Underground key or hub gate valves in roadway boxes. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all multi-story buildings.

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Ordinance No. FD 58 - Page 31 of 62
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903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11, Fire District Standard 11-1, and Section 903 as amended herein.

SECTION 904

ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
904.1 General. Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of this section, Fire District Standards 6-1 and 9-4, and the applicable referenced standards. 904.2.2 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 606 to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code, manufacturer’s specifications, NFPA 96, and Fire District Standard 6-1. 904.3.3 System interlocking. Automatic equipment interlocks with fuel controls and shutoffs, ventilation activation and other controls, door closers, window shutters, conveyor openings, smoke and heat vents, and other features necessary for the safe and proper operation of the fire-extinguishing system shall be provided as required by the design and installation standard utilized for the hazard, this code, Fire District Standard 6-1, and applicable NFPA standards. 904.3.5 Monitoring. Where a building fire alarm system or a sprinkler monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm system or sprinkler monitoring system in accordance with NFPA 72. 904.13 Commercial cooking systems. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code and Section 606 of this code as amended, and an automatic fire extinguishing system that is listed and labeled for its use as follows:

Note: Conditions 1-3 and exceptions are not amended.

SECTION 905

STANDPIPE SYSTEMS
905.2 Installation standard. Standpipe systems shall be installed in accordance with this section, NFPA 14 as amended in Chapter 80, and Fire District Standard 5-10. Fire department connections for standpipe systems shall be in accordance with Section 912.

SECTION 906

PORTABLE FIRE EXTINGUISHERS
906.1 Where required. Portable fire extinguishers shall be installed in accordance with this code or readily available in all of the following locations:

Note: Conditions 1-9 are not amended.

10. At all outdoor events, special events, temporary uses, indoor and outdoor trade shows and exhibitions, and outdoor cooking operations in accordance with this code, Appendix N, Appendix O, and applicable Fire District Standards.

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Ordinance No. FD 58 - Page 32 of 62
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906.1.1 Group S storage areas. Where approved by the fire code official, in storage areas of Group S occupancies where forklift, powered industrial truck, or powered cart operators are the primary occupants, portable fire extinguishers, as specified in NFPA 10 and CCR Title 19, shall not be required where the storage area is in accordance with all of the following:

1. Vehicle-mounted extinguishers approved by the fire code official are provided on all forklifts, powered industrial trucks, and powered carts, including those that are designated as back up, reserve, or standby vehicles.

2. Each vehicle is equipped with a 10-pound, 40A:80B:C extinguisher affixed to the vehicle using a mounting bracket approved by the extinguisher manufacturer or the fire code official for vehicular use.

3. Not less than two spare extinguishers of equal or greater rating shall be available on-site to replace a discharged extinguisher. Spare extinguishers are required to be of size and dimension to be properly restrained by the mounting brackets installed on the vehicles.

4. Vehicle operators shall be trained in the proper operation, use, and inspection of extinguishers through a training program approved by the fire code official.

5. Inspections of vehicle-mounted extinguishers shall be performed daily.

6. A 10-pound, 40A:80B:C extinguisher is installed at every exterior door in accordance with the applicable provisions of NFPA 10 and CCR Title 19.
906.6 Unobstructed and unobscured. Portable fire extinguishers shall not be obstructed or obscured from view. In rooms or areas in which visual obstruction cannot be completely avoided, means acceptable to the fire code official shall be provided to indicate the locations of extinguishers.

SECTION 907

FIRE ALARM AND DETECTION SYSTEMS
907.1 General. This section covers the application, installation, performance, and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. Fire alarm and detection systems, remote annunciation, reset and silence procedures, listing certification, monitoring, notification appliances, equipment disconnect interfaces, and a posted zone map in new and existing buildings shall be in accordance with Fire District Standard 9-5.
907.1.2 Fire alarm shop drawings. Shop drawings and plans for new fire alarm systems, modifications to existing fire alarm systems, and certain maintenance and repairs shall be prepared in accordance with NFPA 72 and Fire District Standard 9-5 and submitted for review and approval prior to system installation or commencing modifications, maintenance, or repairs.

Exception: Emergency repairs as allowed by Fire District Standard 9-5. 907.1.2.1 Drawing symbols. All plans and shop drawings shall use the symbols identified in NFPA 170, Standard for Fire Safety and Emergency Symbols.

Exception: Other symbols are allowed where approved by the fire code official. 907.1.6 Alarm Signal Verification. Remote monitoring and supervising station services shall attempt to verify an alarm signal originating from a residential or commercial protected premises prior to reporting the alarm signal to the public safety communications center. Verification shall be in accordance with NFPA 72 and Fire District Standard 9-6.

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Rancho Cucamonga City CouncilOctober 4, 2022

Rancho Cucamonga City Council
October 4, 2022