Rancho Cucamonga City Council
March 15, 2023

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

ARROW RANCHO LLC
The legal description of the Property is:

THE WEST 350.05 FEET OF LOT 105 OF MAP OF ROCHESTER, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 9 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY. TOGETHER WITH THE EAST 60 FEET OF ORANGE AVENUE ADJOINING SAID LOT ON THE WEST,

VACATED AND ABANDONED BY ORDER OF BOARD OF SUPERVISORS OF SAN

BERNARDINO COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 18, 1936, IN BOOK 1177, PAGE 320 OF OFFICIAL RECORDS EXCEPTING THEREFROM

THAT PORTION OF PROPERTY CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED SEPTEMBER 28, 1925 IN BOOK 17, PAGE 414 OF OFFICIAL RECORDS Assessor’s Parcels Numbers of the Property:
0229-021-97

Resolution No. 20XX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 1 (Arterial Streets):

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

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

Proposed additions to the Improvements for Project Case No. DRC2021-00320:
1 Street Light

Resolution No. 20XX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2021-00320:

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

2.89 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $102.71 Annual Assessment

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL)
FOR CASE NO. DRC2021-00320
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial Industrial)(the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 20xx.

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

ARROW RANCHO LLC
The legal description of the Property is:

THE WEST 350.05 FEET OF LOT 105 OF MAP OF ROCHESTER, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 9 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY. TOGETHER WITH THE EAST 60 FEET OF ORANGE AVENUE ADJOINING SAID LOT ON THE WEST,

VACATED AND ABANDONED BY ORDER OF BOARD OF SUPERVISORS OF SAN

BERNARDINO COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 18, 1936, IN BOOK 1177, PAGE 320 OF OFFICIAL RECORDS EXCEPTING THEREFROM

THAT PORTION OF PROPERTY CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED SEPTEMBER 28, 1925 IN BOOK 17, PAGE 414 OF OFFICIAL RECORDS Assessor’s Parcels Numbers of the Property:
0229-021-97

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 6 (Commercial Industrial):

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

Proposed additions to the Improvements for Project Case No. DRC2021-00320:
1 Street Light

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 6 (Commercial Industrial):

The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. DRC2021-00320:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Commercial/ Industrial Acre 1.00 $51.40
The proposed annual assessment for the property described in Exhibit A is as follows:

2.89 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $148.55 Annual Assessment

DATE:March 15, 2023
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 Mario Estrada, Associate Engineer
SUBJECT: Consideration to of an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 1, and into Street Light Maintenance District No. 1 and No. 2, Located on the Southeast Corner of Foothill Boulevard and Etiwanda Avenue at 12939 Foothill Boulevard, Related to Case No. DRC2020- 00440. (RESOLUTION NO. 2023-019), (RESOLUTION NO. 2023-020), AND (RESOLUTION NO. 2023-021) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Improvement Agreement for the related public improvements and authorize the Mayor and the City Clerk to sign said Agreement;

2. Accept security in the form of bonds for completion of the related public improvements;

3. Approve the plans and specifications for the related public improvements on file with the City Engineer; and

4. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 1, and Street Light Maintenance District No. 1 and No. 2.

BACKGROUND:

On April 13, 2022, the Planning Commission approved Case No. DRC2020-00440 for the construction of a Mixed-Use Development comprising of 259 residential units, 2 commercial units totaling 2,253 square feet, and 1 live/work unit with 816 square-feet, on a vacant parcel with an area of approximately 5.2 acres, located at the southeast corner of Foothill Boulevard and Etiwanda Avenue at 12939 Foothill Boulevard.

Case No. DRC2020-00440 was approved with a condition that certain public improvements be constructed including street improvements, curb and gutter, driveway approaches, streetlights, and storm drain improvements.

ANALYSIS:

The developer, CRP/WP Alta Cuvee IX Owner, LLC has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts:

Faithful Performance Bond No. 0832249 $1,291,500
Labor and Material Bond No. 0832249 $1,291,500

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Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, and adopt the attached resolutions ordering the annexation to Landscape Maintenance District No.1, and Street Light Maintenance District No. 1 and No. 2. Copies of the Improvement Agreement are on file in the City Clerk’s Office.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration.

On April 13, 2022, the Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, found: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment.

FISCAL IMPACT:

The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and lighting maintenance districts in the following amounts:

Landscape Maintenance District No. 1: $ 11,987.30
Street Lighting Maintenance District No. 1: $ 4,620.20 Street Lighting Maintenance District No. 2: $ 10,392.20 The developer will be installing 0 new street trees and 7 new streetlights that will be maintained by the City.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality development that promotes a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution LMD 1
Attachment 3 - Resolution SLD 1
Attachment 4 - Resolution SLD 2

ATTACHMENT 1
DRC2020-00440

VICINITY MAP

NOT TO SCALE

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. DRC2020-00440
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

CRP/WP Alta Cuvee IX Owner, LLC
36 Discovery (Suite 140)
Irvine, CA 92618
The legal description of the Property is:

That Portion of Parcel “A” of Lot Line Adjustment No. LLA2022-00006, Recorded on 12/05/2022 as Instrument No. 2022-0389843, Recorded in the Office of the County Recorder of San Bernardino County, said Lands also being a Portion of the Northwest Quarter of Section 9, Township 1 South, Range 6 West, San Bernardino Meridian in the City of Rancho Cucamonga, County of San Bernardino, State of California.

Assessor’s Parcels Numbers of the Property:
0229-311-14 and 0229-311-15

Resolution No. XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Landscape Maintenance District No. 1 (General City):

Landscape Maintenance District No. 1(General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development.

The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park.

Proposed additions to the Improvements for Project Case No. DRC2020-00440 Street Trees: None

Resolution No. XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Landscape Maintenance District No.1 (General City):

The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2022/23. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for DRC2020-00440:

Land Use Basis
EBU*
Factor
Rate per
EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 92.21
Non-Residential Acre 2.00 92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
_260_ Units x _0.50_ EBU Factor x $92.21 Rate per EBU = $_11,987.30__ Annual Assessment

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
PROJECT CASE NO. DRC2020-00440
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

CRP/WP Alta Cuvee IX Owner, LLC
36 Discovery (Suite 140)
Irvine, CA 92618
The legal description of the Property is:

That Portion of Parcel “A” of Lot Line Adjustment No. LLA2022-00006, Recorded on 12/05/2022 as Instrument No. 2022-0389843, Recorded in the Office of the County Recorder of San Bernardino County, said Lands also being a Portion of the Northwest Quarter of Section 9, Township 1 South, Range 6 West, San Bernardino Meridian in the City of Rancho Cucamonga, County of San Bernardino, State of California.

Assessor’s Parcels Numbers of the Property:
0229-311-14 and 0229-311-15

Resolution No. XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 1 (Arterial Streets):

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

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

Proposed additions to the Improvements for Project Case No. DRC2020-00440:

Seven (7) LED Street Lights.

Resolution No. XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for DRC2020-00440:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Unit 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
__260__ Units x __1__ EBU Factor x $17.77 Rate per EBU = $_4,620.20__ Annual Assessment

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR
DRC2020-00440
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

CRP/WP Alta Cuvee IX Owner, LLC
36 Discovery (Suite 140)
Irvine, CA 92618
The legal description of the Property is:

That Portion of Parcel “A” of Lot Line Adjustment No. LLA2022-00006, Recorded on 12/05/2022 as Instrument No. 2022-0389843, Recorded in the Office of the County Recorder of San Bernardino County, said Lands also being a Portion of the Northwest Quarter of Section 9, Township 1 South, Range 6 West, San Bernardino Meridian in the City of Rancho Cucamonga, County of San Bernardino, State of California.

Assessor’s Parcels Numbers of the Property:
0229-311-14 and 0229-311-15

Resolution No. XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 2 (Local Streets):

Street Light Maintenance District No. 2 (Local Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district.

Generally, this area encompasses the residential area of the City west of Haven Avenue.

The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue.

Proposed additions to the Improvements for Project DRC2020-00440:

Local Street Lights: None

Resolution No. XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 2 (Local Streets):

The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for DRC2020-00440:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
__260__ Units x __1__ EBU Factor x $39.97 Rate per EBU = $_10,392.20 Annual Assessment

DATE:March 15, 2023
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 Brian Sandona, Senior Civil Engineer
SUBJECT: Consideration of a Resolution to Release the Real Property Lien on Tract 20334 Placed by Resolution No. 2015-141 Related to Drainage Reimbursement Agreement 43, Located on the East Side of East Avenue South of Banyan Street and the Authorization of a Release of Deposit in the Amount of $31,349 from the City Trust Fund (Fund 882). (RESOLUTION NO. 2023-022) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt the attached resolution to release the Real Property Lien on Tract 20334 (previously described as APN No.'s 225-191-09 and 225-191-17) related to Drainage Reimbursement Agreement 43 (DRA-43);

2. Authorize the Mayor to sign the approved release of lien and the City Clerk to cause the said release of lien to record.

3. Approve a release of a deposit in the amount of $31,349 from account 1882000-2305.

BACKGROUND:

On July 15, 2015 Resolution No. 2015-141 was approved by the City Council causing a lien to be recorded against Tract 20334 (previously described as APN No.’s 225-191-09 and 225-191-17).

The lien was recorded against the land in Tract 20334 on July 23, 2015, as Document No. 2015- 0315128, to ensure the collection of payment for previously completed storm drain improvements by the Developer of the neighboring tract to the east, Tract 17651 prior to the completion of any development on the listed parcels. A copy of the agreement is on file in the City Clerk’s Office.

Drainage Reimbursement Agreements are put in place when a development project is conditioned to complete the construction of a storm drain that not only mitigates the impact from the current project, but also anticipates capacity needs should the remaining vacant parcels within the vicinity of the project be developed in the future.

DRA-43 established amounts to be paid to the City by the Developer of the above listed APN’s (Manning Homes), which are in turn paid by the City to the Developer of Tract 17651 (K.

Hovnanian Homes) as a reimbursement for the construction of Storm Drain Line-A from Etiwanda Avenue Storm Drain System Line 2-1 to Gypsum Drive. The amount required to satisfy the requirements in the Agreement is $31,348.15.

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ANALYSIS:

The City Engineering Services Department received payment in February 2023 from the Manning Homes on behalf of Tract 20334 for the full amount of $31,348.15 listed in DRA-43, which fully satisfies the requirement set in the Agreement.

Approval of this item by Council would authorize the Mayor to sign the release of lien and cause the release to be recorded with the San Bernardino County Recorder’s Office.

ENVIRONMENTAL ANALYSIS:

None
FISCAL IMPACT:

The City has received revenue in the amount of $31,348.15 to satisfy DRA-43. This amount will be paid to the Developer of Tract 17651 through the release of a deposit from Account 1882000- 2305 (City Trust Fund).

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality improvements that promote a world class community.

ATTACHMENTS:

Attachment 1 – Vicinity Map
Attachemnt 2 – Resolution No. 2023-022

ATTACHMENT 1
SUBTT20334

VICINITY MAP

NOT TO SCALE

ATTACHMENT 2
Resolution No. xxx-xxx- Page 1 of 1
RESOLUTION NO. 2023-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF
REAL PROPERTY LIENS FOR TRACT 20334, LOCATED ON

THE EAST SIDE OF EAST AVENUE SOUTH OF BANYAN
STREET
WHEREAS, the City Council of the City of Rancho Cucamonga, adopted Resolution No. 15-141 approving a reimbursement agreement (DRA-43); and WHEREAS, said reimbursement agreement was recorded in Official Records of San Bernardino County, California, on July 23, 2015, as Document No. 2015- 03151128; and
WHEREAS, said real property liens for Tract 20334 (previously described as Assessor Parcel Numbers 225-191-09 and 225-191-17) are no longer required.

NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga does hereby release said real property liens for Tract 20334 (previously described as Assessor Parcel Numbers 225-191-09 and 225-191-17), and the Mayor is authorized to sign this resolution and the City Clerk is hereby authorized and directed to cause Release of Lien to be recorded in the office of the County Recorder of the County of San Bernardino, State of California.

PASSED, APPROVED, AND ADOPTED this day of 20XX

DATE:March 15, 2023
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 Mario Estrada, Associate Engineer
SUBJECT: Consideration to of the Final Map for Tract No. 20337, an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 7, and into Street Light Maintenance District No. 1 and No. 7, Located on the South Side of Banyan Street and West of Etiwanda Avenue at 12765 Banyan Street, Related to Case No’s. SUBTT20337 and DRC2021-00018.
(RESOLUTION NO. 2023-023), (RESOLUTION NO. 2023-024), AND (RESOLUTION NO. 2023-025) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the final map for Tract No. 20337;

2. Approve an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said Agreement;

3. Accept security in the form of bonds for completion of the related public improvements;

4. Approve the plans and specifications for the related public improvements on file with the City Engineer; and

5. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 7, and Street Light Maintenance District No. 1 and No. 7.

BACKGROUND:

On October 28, 2021, the Planning Commission approved Case No. SUBTT20337 to subdivide

5.18 acres of land into 9 lots, located on the south side of Banyan Street and west of Etiwanda Avenue at 12765 Banyan Street.

Case No. SUBTT20337 was approved with a condition that certain public improvements be constructed including street improvements, curb and gutter, driveway approaches, streetlights, street trees, and storm drain improvements.

ANALYSIS:

The developer, Banyan 9, LLC; c/o Water Mill Homes, Inc has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts:

Faithful Performance Bond No. PB00618100143 $452,500
Labor and Material Bond No. PB00618100143 $452,500

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Additionally, the developer submitted the final map for Tract No. 20337 for consideration of approval, and Staff has determined that the final map is in substantial conformity with the approved Tentative Tract Map and conditions.

Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, approve the final map for Tract No. 20337, and adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 7, and Street Light Maintenance District No. 1 and No. 7. Copies of the Improvement Agreement are on file in the City Clerk’s Office.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, Applied Planning prepared an Initial Study of the potential environmental effects of the project, which was peer-reviewed by The Altum Group, a consultant contracted by the City to review this document. Based on the findings contained in that Initial Study, it was determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration.

On October 28, 2021, the Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, found: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment.

FISCAL IMPACT:

The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and lighting maintenance districts in the following amounts:

Landscape Maintenance District No.7: $ 2,763.45
Street Lighting Maintenance District No.1: $ 159.93
Street Lighting Maintenance District No.7: $ 299.88
The developer will be installing 18 new street trees and 6 new streetlights that will be maintained by the City.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality development that promotes a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution LMD 7
Attachment 3 - Resolution SLD 1
Attachment 4 - Resolution SLD 7

ATTACHMENT 1
SUBTT20337

VICINITY MAP

NOT TO SCALE

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR
PROJECT CASE NO. SUBTT20337
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

Banyan 9, LLC
c/o Water Mill Homes, Inc.
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Being a Subdivision of Portions of the East ½ of Lots 2 of Block “D”, as shown on the Map of the Etiwanda Colony Lands, City of Rancho Cucamonga, in the County of San Bernardino, State of California, as per Plat Recorded in Book 2, Page 24 of Map, Records of said County.

Assessor’s Parcels Numbers of the Property:
0225-171-04

Resolution No. XXX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Landscape Maintenance District No. 7 (North Etiwanda):

Landscape Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) represents landscape sites throughout the Etiwanda North Area.

The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park.

Proposed additions to the Improvements for Project Case No. SUBTT20337:

Eighteen (18) Street Trees.

Resolution No. XXX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Landscape Maintenance District No. 7 (North Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2022/23. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for SUBTT20337:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $307.05
The proposed annual assessment for the property described in Exhibit A is as follows:
__9__ Parcels x __1__ EBU Factor x $307.05 Rate per EBU = $ 2,763.45_ Annual Assessment

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
PROJECT CASE NO. SUBTT20337
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

Banyan 9, LLC
c/o Water Mill Homes, Inc.
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Being a Subdivision of Portions of the East ½ of Lots 2 of Block “D”, as shown on the Map of the Etiwanda Colony Lands, City of Rancho Cucamonga, in the County of San Bernardino, State of California, as per Plat Recorded in Book 2, Page 24 of Map, Records of said County.

Assessor’s Parcels Numbers of the Property:
0225-171-04

Resolution No. XX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 1 (Arterial Streets):

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

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

Proposed additions to the Improvements for Project Case No. SUBTT20337:

One (1) LED Street Light.

Resolution No. XX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for SUBTT20337:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
__9__ Parcels x __1__ EBU Factor x $17.77 Rate per EBU = $_159.93__ Annual Assessment

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF

CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 7 (NORTH ETIWANDA) FOR PROJECT CASE NO. SUBTT20337
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements;

Resolution No. XXX-XXX – Page 2 of 5
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(2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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

Banyan 9, LLC
c/o Water Mill Homes, Inc.
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Being a Subdivision of Portions of the East ½ of Lots 2 of Block “D”, as shown on the Map of the Etiwanda Colony Lands, City of Rancho Cucamonga, in the County of San Bernardino, State of California, as per Plat Recorded in Book 2, Page 24 of Map, Records of said County.

Assessor’s Parcels Numbers of the Property:
0225-171-04

Resolution No. XXX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 7 (North Etiwanda):

Street Light Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City.

The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area.

Proposed additions to the Improvements for Project Case No. SUBTT20337:

Five (5) LED Street Lights.

Resolution No. XXX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 7 (North Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2022/23. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for SUBTT20337:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Unit 1.00 $33.32
Multi-Family Residential Unit 0.50 33.32
Non-Residential Acre 2.00 33.32
The proposed annual assessment for the property described in Exhibit A is as follows:
__9__ Parcels x __1__ EBU Factor x $33.32 Rate per EBU = $_299.88__ Annual Assessment

DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
Kelly Guerra, Special Districts Analyst
SUBJECT: Consideration to Approve and Adopt Resolution Certifying the Results of an Election and Adding Annexation No. 2023-1 to Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. (RESOLUTION NO. 2023-026) (CITY)
RECOMMENDATION:

It is recommended that the City Council approve and adopt the Resolution Certifying the Results of an Election and Adding Annexation No. 2023-1 to Community Facilities District No. 2022-02.

BACKGROUND:

The City Council approved Resolutions No. 2022-064 (the “Resolution Authorizing Future Annexation”) authorizing the future annexation of territory to Community Facilities District No. 2022-02 (Industrial Area Services) (the “CFD 2022-02”) to provide maintenance and services to landscape, storm drains, streets and roadway and police safety calls and services throughout industrial areas.

The City conditions the property owner to annex such property into the existing CFD 2022-02 to fund industrial maintenance and services attributed to the new industrial projects. On November 11, 2022, the property owner signed an Annexation Proceeding Deposit Agreement to initiate the annexation process.

ANALYSIS:

In February 2023, the Property Owner submitted their Consent and Waiver and Official Ballot to the City Clerk’s Office Election Official. The Election Official has canvassed the ballot and completed the statement of votes cast (See Exhibit “A” of the Resolution). The Property Owner cast their vote unanimously in favor of the special tax levy for CFD 2022-02.

Adoption of this Resolution constitutes the City Council’s formal action certifying the election results and adding the Annexation Territory to CFD 2022-02 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of the property within the Annexation Territory will have notice of the special tax obligation affecting such property.

A map showing the property is included in the Resolution.

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FISCAL IMPACT:

CFD 2022-02 was formed to be financially self-sufficient, meaning the revenues generated by the District offset the costs of providing services and can be adjusted annually based on changes in the overall operating costs of the District.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s goal to ensure the fiscal sustainability of the City’s special districts. This item also supports the City Council’s core values of intentionally embracing and anticipating the future.

ATTACHMENTS:

Attachment 1 – Resolution Certifying the Results of an Election and Adding Annexation 2023-1

ATTACHMENT 1
RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION 2023-1.

WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-064 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-02, such territory designated as Future Annexation Area, Community Facilities District No. 2022-02 (Industrial Area Services) (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-02 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2023-1 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and

ATTACHMENT 1
WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-1 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-02, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2022-02 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Rancho Cucamonga.

B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f).

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-02.

Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized municipal maintenance services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.

Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2022-02. The City Council, acting as the legislative body of CFD No. 2022-02, is hereby empowered to levy the authorized special tax within the Territory.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

ATTACHMENT 1
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of March 2023, by the following roll call vote to wit:

AYES:

NAYS:

ABSENT:

APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST:

JANICE C. REYNOLDS, CITY CLERK

ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

ATTACHMENT 1
EXHIBIT “B”

ANNEXATION MAP

DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
Kelly Guerra, Special Districts Analyst
SUBJECT: Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation No. 2023-1 and Annexation 2023-2 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NO. 2023-027)
(RESOLUTION NO. 2023-028) (CITY)
RECOMMENDATION:

It is recommended that the City Council approve and adopt the Resolutions Certifying the Results of Elections and Adding Annexations No. 2023-1 and No. 2023-2 to Community Facilities District No. 2022-01.

BACKGROUND:

The City Council approved Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) authorizing the future annexation of territory to Community Facilities District No. 2022-01 (Street Lighting Services) (the “CFD 2022-01”) to provide maintenance and services to streetlights, traffic signals, and appurtenant facilities for new development.

The City conditions property owners to annex such properties into the existing CFD 2022-01 to fund street light service and maintenance. On November 11, 2022, the Property Owners signed an Annexation Proceeding Deposit Agreement to initiate the annexation process.

ANALYSIS:

In February 2023, the Property Owners submitted their Consent and Waivers and their Official Ballots, one for each annexation, to the City Clerk’s Office Election Official. The Election Official has canvassed the ballots and completed the statement of votes cast (See Exhibit “A” of their respective Resolution). The Property Owners cast their vote unanimously in favor of the special tax levy for CFD 2022-01.

Adoption of the Resolutions constitutes the City Council’s formal action certifying the election results and adding the Annexation Territories to CFD 2022-01 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of the property within the Annexation Territories will have notice of the special tax obligation affecting such properties.

A map showing the property is included in their respective Resolution.

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FISCAL IMPACT:

CFD 2022-01 was formed to be financially self-sufficient, meaning the revenues generated by the District offset the costs of providing services and can be adjusted annually based on changes in the overall operating costs of streetlights.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s goal to ensure the fiscal sustainability of the City’s special districts. This item also supports the City Council’s core values of intentionally embracing and anticipating the future.

ATTACHMENTS:

Attachment 1 – Resolution Certifying the Results of an Election and Adding Annexation 2023-1 Attachment 2 – Resolution Certifying the Results of an Election and Adding Annexation 2023-2

ATTACHMENT 1
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2023-1
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2023-1 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

ATTACHMENT 1
WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-1 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2022-01 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Rancho Cucamonga.

B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f).

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized municipal maintenance services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.

Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the Territory.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

ATTACHMENT 1
A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of March 2023, by the following roll call vote:

AYES:

NAYS:

ABSENT:

APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST:

JANICE C. REYNOLDS, CITY CLERK

ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

ATTACHMENT 1
EXHIBIT “B”

ANNEXATION MAP

ATTACHMENT 2
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2023-2
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2023-2 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

ATTACHMENT 2
WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-2 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2022-01 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Rancho Cucamonga.

B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f).

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized municipal maintenance services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.

Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the Territory.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

ATTACHMENT 2
A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of March 2023, by the following roll call vote:

AYES:

NAYS:

ABSENT:

APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST:

JANICE C. REYNOLDS, CITY CLERK

ATTACHMENT 2
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

ATTACHMENT 2
EXHIBIT “B”

ANNEXATION MAP

DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Planning & Economic Development Director Mena Abdul-Ahad, Assistant Planner
SUBJECT: Public Convenience or Necessity DRC2022-00385- Metro Supermarket- A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off-Site Consumption (Type-20 off-sale beer and wine) for a Grocery Store (Metro Supermarket) Located in the Center 2 (CE2) Zone at 8160 Day Creek Boulevard – APN: 0229-021-73.

This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2023-029) (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the Resolution, making a determination of Public Convenience or Necessity (PCN) for off-sale beer and wine sales for Metro Supermarket located at 8160 Day Creek Boulevard and direct staff to forward a copy of the resolution to the California Department of Alcoholic Beverage Control (ABC).

BACKGROUND:

On October 12, 2022, Metro Supermarket, a new business (in the process of obtaining tenant improvement permits) in the city, submitted a Public Convenience or Necessity application to the Planning Department for review. The application proposes to operate a Type-20 Off-Sale alcohol license to sell beer and wine related to the operation of a grocery store, Metro Supermarket. A Type- 20 license specifically authorizes the sale of beer and wine for consumption off the premises of where it is sold.

The State Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population within a given census tract and are regulated by Section 23958 of the California Business and Professional Code. In cases where a census tract exceeds the limit, a finding of PCN is required by the local agency, which in Rancho Cucamonga is the City Council. The legislation purposely left the term Public Convenience or Necessity undefined so that the local legislative body, the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances.

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Relative to this case, ABC permits up to four (4) alcohol licenses within Census Tract 22.07, within which the subject project site is located. Census tract 22.07 currently has five (5) existing off-sale licenses (Type 20 & Type 21). According to ABC, the proposed alcohol license constitutes a sixth license. As this exceeds the four (4) alcohol licenses permitted, Census Tract 22.07 is overconcentrated. Thus, a determination of PCN is required to be approved by the local jurisdiction before ABC can issue the related alcohol license.

On May 5, 2021, the City Manager established a policy for making PCN determinations in situations where the existing census tract is or may become over-concentrated. This policy, included as Attachment 5 to this report, establishes that PCN determinations will not be recommended by staff for businesses in areas where the number of off-site alcoholic beverage retail licenses are over-concentrated. However, exceptions may be granted for businesses that meet the following criteria:

1. The surrounding census tracts are not over-concentrated;

2. The census tract does not have a higher rate of DUI arrests or criminal activity than the City average when taken as a whole for the preceding 3 years;

3. There are no sensitive receptors such as schools, churches, preschools, daycare centers, parks community centers, or other businesses where children are known to congregate within 2 blocks in any direction of the subject business;

4. The business would not operate 24-hours a day;

5. The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department;

6. A business that wants to obtain an off-site alcohol beverage license located within an over- concentrated census tract may also be recommended for approval if:
•The business provides a unique product offering not generally or readily found within the City of Rancho Cucamonga. Some examples, not intended to be exhaustive, of a unique product offering, would include a distillery/brewery/winery that had both on-sale and off-sale licenses or a specialty retailer that carried a substantial offering of unique imported products not otherwise readily available; or •The business is a grocery store that is 20,000 square feet or larger and where the sale of alcohol does not constitute more than 10% of the product display floor area, and which is not located within ½ mile of other grocery stores that exist within the City boundaries.

ANALYSIS:

The proposed Metro Supermarket comprises a tenant space totaling approximately 20,121 square feet in size. The supermarket proposes to sell international Asian products. Their hours of operation will be Monday to Sunday from 8:00 am-9:00 pm with approximately 23 employees.

According to the ABC census tract authorization data finder, the census tract in which the site is located (22.07) currently contains five (5) off-sale licenses. This includes Walmart, Chevron Gas Station, Food 4 Less, Total Wine & More, and Arco Gas Station. Based on the population of the census tract, a maximum of four (4) off-sale alcohol licenses are permitted without the local municipality making a determination of a PCN. If approved, Metro Supermarket will be the 6th of-

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sale alcohol license in Census Tract 22.07.

In analyzing the subject application against the PCN policy, staff found the following:
•The surrounding census tracts are overconcentrated. The following table below illustrates the number of existing off-sale licenses surrounding census tract 22.07.

Surrounding
Census Tracts
# of Off-Sale Licenses
Allowed
# of Existing Off-
Sale Licenses

20.47 2 5

22.04 4 5

21.12 2 7

20.50 4 1
•Within the last three (3) years, the city has had a total of 2,060 DUI/Drunk in Public reports.

During that same time frame, census tract 22.07 had 153. That is 7.43% of the total (time range queried – 03/01/2020 – 02/28/2023).
•The proposed business is not located within two blocks of any sensitive receptors. The business is located in an existing commercial shopping center within the CE2 zone and within the City Center land use designation. No sensitive receptors, such as schools, residences, or places where children congregate are in the vicinity of the subject business location. Further, both the Zone and the General Plan land use designation anticipate this type of use.
•The business will not operate 24-hours a day. The proposed hours of operation are Monday to Sunday from 8:00 am to 9:00 pm.
•The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department. •The business is proposed to be located within an existing commercial tenant space which is designed to facilitate efficient emergency response pursuant to Crime Prevention Through Environmental Design best practices such as indoor and outdoor security camera and alarm systems. No improvements associated with the proposed PCN will result in adverse circumstances which will prohibit or delay adequate crime prevention measures.

Staff notes that Criteria No. 6 of the City’s PCN policy provides that, despite a use being located in an overconcentrated census tract, the City Council may approve a request for a PCN if certain criteria is met, namely that the business provides unique products not readily available elsewhere in the City, is a minimum of 20,000 square feet, limits the sales area of alcohol product to less than 10% of the floor area, and is not located within ½ mile of another grocery store.

Thus, staff recommends approval of the requested PCN in compliance with Criteria No. 6, as the business provides unique products (Asian groceries) not readily available throughout the City, is a minimum of 20,000 square feet (the proposed floor area is 20,121 square feet), the sales area of alcohol product is limited to 10% of the floor area (the proposed floor area dedicated to alcohol is 153 square feet), and the use is not located within ½ mile of another grocery store (Walmart is located approximately ¾ of a mile to the east by car).

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5 4
Facts to Support a Public Convenience or Necessity Determination: The following are facts to support the requested Public Convenience or Necessity.

Fact #1: A grocery store with the general sale of alcoholic beverages is a common and acceptable business practice.

Fact #2: The site is located at 8160 Day Creek Boulevard, on the south side of Foothill Boulevard between Day Creek Boulevard. Foothill Boulevard is designated as a major thoroughfare and the site is suited for this type of business.

Fact #3: The Census Tract in which the site is located (22.07) currently contains Five (5) off-sale ABC licenses. This includes Food4Less, Chevron Gas Station, Walmart, Total Wine & More, and Arco Gas Station.

Fact #4: The business is located within a retail shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches.

Fact #5: Rancho Cucamonga residents would be afforded more convenient opportunities with the addition of a new grocery store that sells international food in addition to beer and wine to the current selection of off-sale retail locations. Only approximately 153 square feet will be allocated for the display and sale of beer and wine.

Based on the above analysis, staff finds that the Department of Alcoholic Beverage Control Off- Sale beer and wine license (Type-20) at the site will not have a negative impact to the surrounding uses.

Environmental Assessment: The Planning & Economic Department staff has determined that the project is categorically exempt from the requirements of the CEQA. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting of existing structures that involve negligible or no expansion of use beyond the existing at the time of the lead agency’s original determination. The project consists of issuing a PCN determination for a new business with minor interior modifications of the building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that the building was intended to be used by a commercial tenant.

FISCAL IMPACT:

Allowing for the public convenience or necessity, in this case, will allow the business to sell beer and wine, which will induce additional sales at this location, thus increase sales tax revenue for the City.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

For reasons discussed in this report, staff notes that the project will achieve the City Council’s Core Value to “Promoting and enhancing a safe and healthy community for all” by providing unique Asian produce with the added beer and wine option for the community.

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ATTACHMENTS:

Attachment 1– Aerial Photo
Attachment 2 – Project Site Plan
Attachment 3 – Floor Plan
Attachment 4 – ABC List of Existing Off-Sale Licenses for Census Tract 22.07 Attachment 5 – PCN Determination Policy
Attachment 6 – Conditions of Approval
Attachment 7 – Resolution No. 2023-029

Attachment 1

SHEET TITLE:

STAMP:

PROJECT ADDRESS:

SHEET NUMBER
1040 S Otterbein Ave, Suite# B
Rowland Heights, CA 91748
Phone: 909.569.2069
EMail: [email protected]

COMMERCIAL

RESIDENTIAL

INTERIOR DESIGN
iDEAL
GROUP, Inc.

DESIGN
Design Inc,.

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TITLE SHEET
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TAT
S
ECIL
TIA
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CALIFORN
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IHC
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TAT
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CALIFORN
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FIRE DEPARTMENT NOTESPROJECT SUMMARY 1CONTRACTOR NOTES

SITE PLAN
56 10
7 SHEET INDEX

SCOPE OF WORK

OWNER/CONSULTANT INF
8 9
DESIGNER: KEN FANG
21671 GATEWAY CENTER DR #201
DIAMOND BAR CA 91765
TEL: 909-569-2069

1.) TYPE OF OCCUPANT GROUP : M,F-1,B,S-1

2.) TYPE OF CONSTRUCTION : III-B (FIRE SPRINKLER) REQUIREMENT 2 EXIT , PROVIDE 3 EXIT

3.) TOTAL AREA: 20121 S.F

4.) BUILDING STORIES : 1

5.) CODE APPLIED
2019 CALIFORNIA BUILDING CODE (19 CBC),
2019 CALIFORNIA PLUMBING CODE (19 CPC),
2019 CALIFORNIA MECHANICAL CODE (19 CMC),
2019 CALIFORNIA FIRE CODE (19 CFC)
2019 CALIFORNIA ELECTRICAL CODE (19 CEC)
2019 CALIFORNIA FIRE CODE

6.) EXTERIOR SIGN, FIRE SPRINKLER UNDER SEPARATE PERMIT .

7.) Cucamonga Valley Water District

8.)BUILDING USE : MARKET COMM KITCHEN OFFICE STORAGE

1. BEFORE SUBMITTING THE BID, THE CONTRACTOR SHALL CAREFULLY EXAMINE THE PLANS PERTAINING TO

THIS WORK, CONTRACTOR SHALL VISIT THE SITE AND FULLY INFORM HIMSELF AS TO ALL CONDITIONS AND

LIMITATIONS APPLYING TO THIS WORK HE SHALL ESTIMATE AND INCLUDE IN HIS BID A SUM SUFFICIENT TO COVER THE COST OF ALL LABOR AND MATERIALS TO ACCOMPLISH THE INTENT OF THESE PLANS.

2. THE CONTRACTOR SHALL OBTAIN PERMITS AS REQUIRED BY THE Governing AUTHORITIES FOR CONSTRUCTION.

3. ELECTRICAL, MECHANICAL AND PLUMBING SYSTEMS SHALL BE DONE BY THE CONTRACTOR.

4. THE CONTRACTOR SHALL PROCURE IN THE OWNER'S NAME, AND CHARGES FOR INSTALLATION OF THE WATER AND GAS METERS AND ALL PIPING FROM MAIN TO SAID METERS.

5. THE CONTRACTOR SHALL SENT PROPER NOTICES. MAKE ALL NECESSARY ARRANGEMENTS AND PERFORM

ALL SERVICES REQUIRED IN THE MAINTENANCE OF ALL PUBLIC UTILITIES

6. THE CONTRACTOR SHALL REQUIRE SUCH COOPERATION OF THE VARIOUS TRADES AS WILL BE NECESSARY TO COMPLETE EACH AND EVERY PART OF THE WORK. EVEN

7. THROUGHOUT SPECIFICALLY INDICATED. NOTED OR DETAILED ON THE DRAWINGS OR SPECIFICATIONS.

8. DIMENSIONS AND CONDITIONS AT THE JOBSITE SHALL BE VERIFIED BY( THE CONTRACTORS. DISCREPANCIES

IN THE DRAWINGS OR BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS OR CODE REQUIREMENTS SHALL BE REPORTED TO THE ARCHITECT. CORRECTED DRAWINGS OR INSTRUCTIONS SHALL BE ISSUED By

THE ARCHITECT PRIOR TO THE INSTALLATION OF ANY WORK

VICINITY MAP

1. EXIT DOORS SHALL SWING IN THE DIRECTION OF EXIT TRAVEL WHEN SERVING ANY HAZARDOUS AREA OR WHEN SERVING AN OCCUPANT LOAD OF 50 OR MORE.

2. EXIT DOOR SHALL BE OPERABLE FROM THE INSIDE WITHOUT USE OF A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT.

3. WIDTH AND HEIGHT OF REQUIRED EXIT DOORWAYS TO COMPLY WITH CBC2016 SECTION 1005

4. EXITS SHALL BE ILLUMINATED AT ANY TIME THE BUILDING IS OCCUPIED, WITH LIGHT HAVING AN INTENSITY OF NOT LESS THAN ONE FOOT-CANDLE AT FLOOR LEVEL.

5. EXIT SIGN SHALL BE PER CBC 2016

6. FIRE EXTINGUISHER REQUIREMENTS SHALL BE DETERMINED BY FIRE INSPECTOR.

7. BUILDING ADDRESS NUMBERS TO BE PROVIDED ON THE FRONT OF ALL BUILDINGS AND SHALL BE VISIBLE AND LEGIBLE FROM STREET FRONTING THE PROPERTY. SAID NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND.

8. COMMERCIAL DUMPSTER OR CONTAINERS WITH AN INDIVIDUAL CAPACITY ON 1.5 CUBIC YARDS OR GREATER

SHALL NOT BE STORED OR PLACED WITHIN FIVE FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE

ROOF EAVE LINES UNLESS AREAS CONTAINING DUMPSTER ARE PROTECTED BY AN APPROVED SPRINKLER SYSTEM.

9. AN APPROVAL FIXED FIRE EXTINGUISHES SYSTEM FOR THE KITCHEN HOOD, DUCTS AND COOKING SURFACES SHALL BE HANDLED BY THE LICENSED FIRE PROTECTION CO. TO BE SUBMITTED TO THE FIRE DEPT. FOR REVIEW & APPROVAL PRIOR TO INSTALLATION.

10. THE LICENSED FIRE PROTECTION CO. IS RESPONSIBLE FOR THE U.L. APPROVAL SYSTEM NUMBER, THE SUBMISSION U.L. APPROVAL SCHEMATIC DRAWING TO AREA INSPECTION UNIT.

11. INTERIOR FINISH SHALL BE PROVIDED IN ACCORDANCE WITH C.B.C2016 TABLE 803.5

12. ALL DRAPES, HANGINGS, CURTAINS, DROPS AND ALL OTHER DECORATIVE MATERIALS SHALL COMPLY WITH FIRE CODE CHAPTER 11

13.BUILDING ADDRESS NUMBERS SHALL BE PROVIDED AND MAINTAINED SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET FRONTING THE PROPERTY. THE NUMBERS SHALL BE A MINIMUM 4 INCHES HIGH, 1 INCH WIDE WITH A 1/2 INCH STROKE. FOR BUILDINGS SET BACK MORE THAN 150 FEET FROM THE STREET, THE NUMBERS SHALL BE A MINIMUM 5 INCHES HIGH, 2 INCHES WIDE WITH A 1/2 INCH STROKE. CFC 505.1

14. THE INSPECTION, HYDROSTATIC TEST AND FLUSHING OF THE UNDERGROUND FIRE PROTECTION PIPING SHALL

BE WITNESSED BY AN AUTHORIZED FIRE DEPARTMENT REPRESENTATIVE AND NO UNDERGROUND PIPING OR

THRUST BLOCKS SHALL BE COVERED WITH EARTH OR HIDDEN FROM VIEW UNTIL THE FIRE DEPARTMENT REPRESENTATIVE HAS BEEN NOTIFIED AND GIVEN NOT LESS THAN 48 HOURS IN WHICH TO INSPECT SUCH INSTALLATIONS. FIRE CODE.

EMBLEM MUST BE LOCATED IN

TRAFFIC ENFORCEMENT OFFICER

WHEN A VEHICLE IS PROPERLY

PARKED IN THE SPACE (CENTERED

AT ENTRANCE TO STALL

STALL SO THAT IS VISIBLE BY A

RECOMMENDED)

ACCESSIBLE SPACES

PARKED IN DESIGNATED

UNAUTHORIZED VEHICLES

DISTINGUISHING PLACARDS

ISSUED FOR PERSONS

MAY BE TOWED AWAY AT

WITH DISABILITIES

OR LICENCE PLATES

NOT DISPLAYING

TOWED VEHICLES MAY BE

RECLAIMED AT
(Telephone Number)

OR BY TELEPHONING

THE INTERIOR END OF
A MIN. OF 70 SQ. IN.

AREA OF SIGN TO BE

DESIGNATE FOR
PARKING SPACE.

SIGN TO BE CENTERED AT
WHERE APPROPRIATE.
"VAN ACCESSIBLE"
OWNER'S EXPENSE.

NOTE:
(Address)

LETTERING ON

SIGN MUST BE

A MINIMUM OF

APPROPRIATE INFORMATION

MUST BE INCLUDED ON
SIGN (MINIMUM OF 1"
IN. HEIGHT)
1" IN. HEIGHT

OR EQUAL
6'-8"
EQ. FOR ALL STALL SIGNS
6"18"4"
2'-6"
22"MIN
17"MIN
T. I WORK FOR RETAIL STORE FOR SELL PACKAGE FOOD
TENANT : DENNY
Tel: 626-537-8398
ACCESSIBILITY SIGN DETAIL A2
3 SITE SIGNAGE
4 T-0 TITLE SHEET
A-0 EQUIPMENT SCH/ FINISH SCH
A-1 FLOOR PLAN
A-2 REFLECTED CEILING PLAN & DETAIL

METRO SUPERMARKET
8160 DAY CREEK BLVD
RANCHO CUCAMONGA CA 91739

METRO SUPERMARKET
E-2 POWER PLAN
M-1 ROOF PLAN
M1.1 MECH DETAIL
E-1 TITLE 24
E-3 CEILING PLAN
M1.2 MECH DETAIL
M-2 MECH DETAIL
P-1 PLUMBING PLAN
P-2 WASTE PLAN
M-3 FIRE WRAP
P-0 PLUMBING NOTES & DETAIL
A-1.1 EGRESS PLAN

EX TRASH

ENCLOSURE

PROJECT HERE

PROJECT HERE
Attachment 2
 
 

Attachment 3

Attachment 4

Attachment 5

Attachment 5

Conditions of Approval
Community Development Department
Project #: DRC2022-00385
Project Name: Metro Supermarket PCN
Location: 8160 DAY CREEK BLVD - 022902173-0000
Project Type: Public Convenience & Necessity
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:

Planning Department
Please be advised of the following Special Conditions
Approval of a Public Convenience or Necessity (PCN) determination for alcoholic beverage sales for off-site consumption (Type-20 off-sale beer and wine) for a grocery store (Metro Supermarket) located in the Center 2 (CE2) Zone at 8160 Day Creek Boulevard – APN: 0229-021-73.

1. The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department.

2. Standard Conditions of Approval
Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable
City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance.

3. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided
by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity.

4. www.CityofRC.us
Printed: 3/6/2023
Attachment 6

Project #: DRC2022-00385
Project Name: Metro Supermarket PCN
Location: 8160 DAY CREEK BLVD - 022902173-0000
Project Type: Public Convenience & Necessity
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:

Planning Department
Standard Conditions of Approval
The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures ) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director’s actions, the Planning Commission’s actions, and/or the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City ’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.

5. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee
in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval.

6. Standard Conditions of Approval
Surveillance cameras shall be installed a combination of interior and exterior views of the business, with the
intent to capture digital images of subjects entering, exiting, cash registers and vehicle and pedestrian traffic approaching the business. Prior to issuance of certificate of occupancy, the applicant shall contact the Rancho Cucamonga Police Department for an inspection of the security cameras.

1. www.CityofRC.us

Project #: DRC2022-00385
Project Name: Metro Supermarket PCN
Location: 8160 DAY CREEK BLVD - 022902173-0000
Project Type: Public Convenience & Necessity
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:

Standard Conditions of Approval
Video recordings of surveillance cameras shall be nothing less than NTSC (National Television System Committee, the NTSC is the analog video color format used to broadcast television signals) standards, with a minimum of 5MP resolution. A minimum of 30 days surveillance video shall be kept. The applicant(s) or on-site manager(s) shall maintain the recording system and cameras in working condition.

2. The applicant or on-site manager(s), shall post a prominent, permanent sign stating, “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” in a place that is clearly visible to patrons of the premises. The sign shall fit the requirements as set forth by the City of Rancho Cucamonga.

3. The business shall have an alarm system active and monitored by an alarm company who is able to contact law enforcement if a problem occurs within the business.

4. Applicant or on-site manager, shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the licensee’s premises.

5. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted over within 72 hours of being applied.

6. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. The exterior lighting shall be maintained in working condition by the applicant or on-site property manager.

7. www.CityofRC.us

Attachment 6

Resolution No. 2023-XXX – Page 1 of 3
ATTACHMENT 7
RESOLUTION NO. 2023-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY (DRC2022-00385) FOR

ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION
(TYPE-20 OFF-SALE BEER AND WINE) FOR A GROCERY STORE
(METRO SUPERMARKET) LOCATED IN THE CENTER 2 (CE2) ZONE AT 8160 DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF– APN: 0229-021-73
WHEREAS, Metro Supermarket, filed an application for a Public Convenience or Necessity determination DRC2022-00385 as described in the title of this Resolution, for a Type-20 (off-sale beer and wine), license from the Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Public Convenience or Necessity request is referred to as "the application." WHEREAS, Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination on whether the issuance of the said license will service the public convenience or necessity.

WHEREAS, On the 15th day of March 2023, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution.

WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred.

NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows:

1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on March 15, 2023, including written and oral staff reports, this Council hereby specifically finds as follows:
a. The site is located with Census Tract 22.07 on property addressed 8160 Day Creek Boulevard, on the south side of Foothill Boulevard; and b. The California Department of Alcoholic Beverages Control permits up to four (4) active off-sale retail licenses to exist within Census Tract 22.07 and five (5) licenses currently exist in the census tract; and
c. The request for a 6th off-sale retail license will overconcentrate the census tract.

Pursuant to Business and Professions Code Section 23958.4 an “undue concentration” of off-sale retail license applications exists under either the following two scenarios: (1) “The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes . . . than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency;” or (2) “the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the

Resolution No. 2023-XXX – Page 2 of 3
ATTACHMENT 7
county in which the applicant premises are located.” According to ABC’s online database, Census Tract 22.07 has five (5) existing off-sale licenses. This means an undue concentration of off-sale licenses exists within the census tract if another off- sale license is issued; and
d. The business is located within a retail shopping center, which does not contain any sensitive users, such as day care facilities, schools, and/or churches; and e. The business will not operate 24-hours a day as the proposed hours of operation are Monday to Sunday from 8:00 am to 9:00 pm.
f. The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department.
g. The business is proposed to be located within an existing commercial tenant space which is designed to facilitate efficient emergency response pursuant to Crime Prevention Through Environmental Design best practices. No improvements associated with the proposed PCN will result in adverse circumstances which will prohibit or delay adequate crime prevention measures.
h. Rancho Cucamonga residents would be afforded more convenient opportunities with the addition of a new grocery store that sells international food (Asian products) in addition to beer and wine to the current selection of off-sale retail locations; and i. With the imposition of a condition recommended by the City and set forth in Section 5, the retailer will operate the business in a manner that would not result in a change of use from a market to a liquor store in violation of the City's Development Code; and

3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the condition specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine license for Metro Supermarket will not have a negative impact to the surrounding uses.

4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this City Council hereby determines that with the imposition of the condition specified in Section 5, the issuance of an off-sale liquor license for Metro Supermarket will service the Public Convenience or Necessity.

5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to the conditions set forth below, Planning Department:

1. The area devoted to the display and sale of alcoholic beverages shall be limited to a maximum 10% of floor area. Any increase above and beyond this limit will result in Code Enforcement action and ultimately to the revocation of the store's business license.

6. The City Clerk shall certify the adoption of this Resolution.

Resolution No. 2023-XXX – Page 3 of 3
ATTACHMENT 7
PASSED, APPROVED, AND ADOPTED this 15th day of March 2023.

DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A Deputy Director of Planning
Fabian Villenas, Interim Management Analyst II
SUBJECT: Consideration of Resolution Authorizing Application to, and Participation in, the State Prohousing Designation Program. (RESOLUTION NO. 2023- 030) (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution authorizing application to, and participation in, the Prohousing Designation Program and authorize the City Manager to execute any documents necessary or appropriate as required for application to and participation in the Prohousing Designation Program.

BACKGROUND:

The 2019-2020 State budget established the Prohousing Designation Program as part of a broader spectrum of support, incentives, and accountability measures to help meet California’s housing goals. The Prohousing Designation Program, administered by the California Department of Housing and Community Development (HCD), provides incentives to cities and counties in the form of additional points and/or other preference in the scoring of competitive housing, community development, and infrastructure funding programs. Additionally, cities with a Prohousing Designation are eligible for direct funding assistance through the new Prohousing Incentive Pilot (PIP) Program. The PIP Program offers $25.7 million in additional funding on a competitive basis to Prohousing cities to help accelerate housing production and preservation.

ANALYSIS:

Awarding of the Prohousing designation is considered “over the counter” and is not competitive.

Any jurisdiction that meets the threshold criteria, which Rancho Cucamonga does, could potentially be awarded the Prohousing Designation. Applicants are required to demonstrate that policies that significantly contribute to the acceleration of housing production have been enacted or are proposed to be enacted. Jurisdictions must receive a minimum score of 30 on the application. The scoring criteria are separated into four categories:
•Favorable Zoning and Land Use
•Acceleration of Housing Production and Timeframes
•Reduction of Construction and Development Costs
•Providing Financial Subsidies

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2 0
Applicants are required to score points in each of the four categories. Policies identified as “proposed” must be implemented within two years.

To date, 10 California cities and counties have received their Prohousing Designation. With the launch of the PIP Program, it is expected that many more jurisdictions will be seeking the designation. For the purpose of calculating the PIP funding award, eligible applicants receive a base award based on population as well as a bonus award based on the Prohousing Designation score multiplied by 10,000, up to $500,000. For example, an eligible applicant with a Prohousing Designation score of 35 points will be eligible to receive up to a $350,000 bonus award in addition to the base award. For Rancho Cucamonga, the total PIP funding award would be from $1,450,000 to $1,650,000, depending on points awarded on the application. Jurisdictions receiving the Prohousing Designation are automatically considered for PIP funding. No additional application submittal is necessary.

Unlike the Prohousing Designation Program, funding awards from the PIP program are competitive, with applicants being ranked based on their Prohousing designation points on a regional basis. Awards will be funded until the PIP funds are depleted.

FISCAL IMPACT:

There is no cost to participate in the Prohousing Designation Program. If the City is successful in receiving PIP funding award, those funds would be designated towards programs and activities that accelerate housing production or preservation.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Providing housing opportunities supports the City Council’s Vision of creating an equitable, sustainable, and vibrant city rich in opportunity for all to thrive and supports the Council Core Value of Equitable prosperity for all.

ATTACHMENTS:

Attachment 1 - Resolution

RESOLUTION NO. 2023-030

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM

WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and

WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and

WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and

WHEREAS, the City of Rancho Cucamonga (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

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

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

3/15/2023 City Council Meeting Item D24 – Additional Material

6. CITY MANAGER or designee is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

7. The City Council hereby authorizes the participation in any grant programs applicable to the Prohousing Designation, including the Prohousing Incentive Pilot Program. The City Council hereby approves the resolution attached hereto as Exhibit A authorizing the City’s participation in the Proposing Incentive Pilot Program.

PASSED, APPROVED, AND ADOPTED this 15
th day of March, 2023.

RESOLUTION NO. 2023-030A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING

APPLICATION FOR AND RECEIPT OF, PROHOUSING

INCENTIVE PILOT PROGRAM FUNDS

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and

WHEREAS, the City Council of the City of Rancho Cucamonga desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and

WHEREAS, the Department has issued Guidelines and Application on December 15, 2022 in the amount of $25,705,545.65 for PIP;

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

SECTION 1. The City Manager and/or designee hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,570,000; Applicant is hereby authorized and directed to submit an Application to the Department.

SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Rancho Cucamonga is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $1,570,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and

SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

Exhibit A

PASSED, APPROVED, AND ADOPTED this 15th day of March, 2023.

RESOLUTION NO. 2023-XX
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
W
HEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and W
HEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
W
HEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
W
HEREAS, the City of Rancho Cucamonga (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

N

OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES:

1. A
pplicant is hereby authorized and directed to submit an Application to the Department.

2. A
pplicant acknowledges and confirms that it is currently in compliance with applicable s
tate housing law.

3. A
pplicant acknowledges and confirms that it will continue to comply with applicable hous
ing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. I
f the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to par
ticipate in the Program, and all amendments thereto (the “Program Documents”).

5. A
pplicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

Attachment 1

6. CITY MANAGER or designee is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, APPROVED, AND ADOPTED this 15th day of March, 2023.

CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA

BY:

L. Dennis Michael, Mayor

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 held on the 15 th day of March 2023, by the following vote-to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ATTEST:

City Clerk of the City of Rancho Cucamonga

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DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matt Marquez, Director of Planning and Economic Development Tabe van der Zwaag, Associate Planner
SUBJECT:Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1016

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING CHAPTER 9.34 OF THE RANCHO CUCAMONGA MUNICIPAL

CODE TO END THE NARCOTICS AND GANG-RELATED CRIME EVICTION

PROGRAM, AND MAKING A DETERMINATION THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:

Staff recommends that the City Council waive full reading and adopt Ordinance No. 1016.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of February 15, 2023. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler, Michael. ABSENT: None
ANALYSIS:

Please refer to the February 15, 2023, City Council Staff Report.

FISCAL IMPACT:

Please refer to the February 15, 2023, City Council Staff Report.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Please refer to the February 15, 2023, City Council Staff Report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1016

Ordinance No. 1016 – Page 1 of 2
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ORDINANCE NO. 1016

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REPEALING CHAPTER 9.34 OF THE RANCHO

CUCAMONGA MUNICIPAL CODE TO END THE NARCOTICS

AND GANG-RELATED CRIME EVICTION PROGRAM, AND

MAKING A DETERMINATION THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
I. Recitals.

A. The City of Rancho Cucamonga (“City”) has not enforced the Narcotics and Gang-Related Crime Eviction Program (“Program”), found at Rancho Cucamonga Municipal Code Chapter 9.34, in many years due to legal questions surrounding the Program.

B. The City Council desires to repeal the Chapter 9.34 in light of the fact that the City has not enforced, and does not intend to enforce, the Program going forward.

II. Findings.

A. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council finds that adoption of this Ordinance is covered by general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The City Council finds that there is no possible significant effect directly related to adoption of this Ordinance, therefore no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR § 15061(b)(3)). This is because this Ordinance will result in no potential development that could have an environmental impact.

III. Ordinance.

The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Chapter 9.34 (Narcotics and Gang-Related Crime Eviction Program) of Title 9 (Public Peace, Morals, and Welfare) is hereby repealed in its entirety.

SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

ATTACHMENT 1

Ordinance No. 1016 – Page 2 of 2
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SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 15th day of March 2023.

L. Dennis Michael
Mayor
I, JANICE 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 15th day of February 2023, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of March 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:

City Clerk

DATE:March 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A, Deputy Director of Planning
Sean McPherson, AICP, Acting Principal Planner
David F. Eoff IV, Senior Planner
SUBJECT: Public Hearing to Consider and Conduct First Reading of Ordinance No. 1017 to be Read by Title Only and Waive Further Reading, Amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to Make Various Technical Text Amendments. The City has Prepared an Addendum to the General Plan EIR (SCH No. 2021050261) for the Project. (ORDINANCE NO. 1017) (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt an Addendum to the General Plan Environmental Impact Report and Climate Action Plan and conduct a first reading of Ordinance No. 1017, approving proposed text amendments to the Development Code.

BACKGROUND:

On December 15, 2021, the City Council adopted the updated General Plan for the City of Rancho Cucamonga. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addressed issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan advances the City’s vision for a sustainable, resilient, equitable and healthy community.

On May 18, 2022, the City Council adopted the updated Development Code for the City of Rancho Cucamonga. The goals of the Development Code update were to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. Since the updated Development Code has been in effect, certain clean-up and clarifying amendments have been identified which need to be made in order to better calibrate the Development Code to the vision of the General Plan, to have clearer standards and procedures, and to expedite development application processes.

On December 13, 2023, Planning and Economic Development staff presented “Phase I” of these clean-up and clarifying amendments to the Planning Commission at which point the Commission

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voted unanimously to recommend the City Council approve the recommended amendments which that body did on January 18, 2023. This action also included amendments to the Zoning Map and General Plan Land Map.

Planning Commission Hearing
On February 22, 2023, staff presented another set of amendments to the Planning Commission as part of “Phase II” of the development code amendments. The Planning Commission reviewed those amendments, and after deliberating, unanimously recommended (four in favor, none against, with one absent) that the City Council approve the subject Phase II set of amendments, with a recommendation that certain language in Chapter 17.89 be clarified. Specifically, the Commission referenced Section 17.89.010(B) (Applicability) and 17.89.040(L) (Legal Nonconforming) relative to Automobile Service Stations, stating that this language was unclear.

The Commission also to requested staff amend and correct various minor typographical errors for the Council’s benefit in Chapter 17.89 (Automobile Service Stations) and at various points in Article IX (Glossary). These edits have been made and are included in both the attached Ordinance and redlines for Council’s review.

As has previously been described to the Council, the Development Code and General Plan are living documents in that they are intended to change over time to reflect the evolving complexity of the development review process. Further, the Council will recall that staff will be proposing a series of changes to continually calibrate the development code to effectuate the general plan’s long-range vision throughout 2023. Thus, staff is now proposing a second phase of development code amendments, with the expectation that additional amendments may be forthcoming later in 2023.

ANALYSIS:

For this second phase of amendments, the Development Code text amendments consist of various technical amendments to Articles III, IV, V, VIII, and IX. The technical amendments involve formatting and typographic error fixes, as well as various text changes, including but not limited to:

1. Amendments to Article III amending street connectivity standards in single-family residential zones;

2. Amendments to Article IV amending accessory structure standards and screening standards within form-based zones;

3. Amendments to Article V amending standards for automobile service stations and smoke shops citywide, and height restrictions for wireless telecommunication facilities in form- based zones;

4. Amendments to Article VIII amending various standards within form-based zones related to building height, façade and building articulation, establishing development standards and revised building types in the NE2 zone changes to the form-based zone land use table for consistency in applicability across all form-based zones, requiring that subdivisions over 3 acres in size comply with large site development requirements, revise block standards in form-based zones, amend height and step-back standards related to new development in form-based zones which is adjacent to zones with lower density or height limitations, and clarifying non-residential use mix requirements;

5. Amendments to Article IX amending various definitions for automobile service stations and smoke and tobacco shops

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Development Code Text Amendments:

1. Article III
a. Street Connectivity Standards (Chapter 17.36, Section 17.36.010):

Proposed amendments to Article III establish additional street connectivity standards for all new developments in single-family residential zones. For example, future development will be required to provide through streets without cul-de-sacs, and dead-end streets will only be allowed to provide future connectivity to adjacent development. Implementing these standards will improve circulation for residents, improve response times for emergency services and reduce vehicle miles traveled.

2. Article IV
a. Accessory Structure Development Standards (Chapter 17.42, Section 17.42.040):

Amendments to Article 4 edits Table 17.42.040-1, which provides development standards for accessory structures. Prior to these edits, this table led to confusion between front setback and what is referred to as the front yard, or those areas between the street and the house that are located outside of the front setback. Due to this confusion, it was unclear to staff whether certain structures could be located in the front yard as long as they remained outside of the front setback. This amendment clarifies that certain open structures with a solid roof (i.e. patio cover, gazebo), is permitted in the front yard but still prohibited from being located in the front setback.
b. Screening Standards with Form-Based Zones (Chapter 17.48, Section

17.48.050.D.4):

This amendment clarifies that materials, supplies, equipment, loading docks, trucks, and trailers shall be stored within an enclosed building or an area screening from public view within form-based zones. Screening requirements, particularly within ME1 and ME2, are critical as these are formbased zones which permit a variety of medium to high intensity uses where buildings front streets creating vibrant hubs of activity. Establishing clear screening requirements facilitates this desired neighborhood form.

3. Article V
a. Automobile Service Station Standards (Chapter 17.89):

On March 17, 2021, the City Council directed the City Manager to research and compile information about service stations in the city in response to a variety of concerns which had been raised by residents over and to consider how service stations may factor into the General Plan’s vision for land use and economic development. This analysis included but was not limited to analyzing the number and location of existing service stations in the City, analysis of land use benefits of these uses to the community, costs of providing public safety services at service station locations, and the consideration of possible performance standards and/or conditions that could be placed on service stations to promote optimal community benefit. On April 21, 2021, the City Council conducted a special study session enacting a moratorium on service stations until such time that staff could sufficiently analyze issues raised. On April 6, 2022, this moratorium was extended to April 20, 2023.

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This amendment establishes a new chapter for Automobile Service Station standards which ensures that these uses will effectuate the vision of the general plan by:
i. Establishing separation, distance, and adjacency requirements from sensitive uses. For example, automobile service stations shall be located no closer than 1,000 linear feet to other automobile service stations and not more than two stations are permitted at any intersection; ii. Promoting and preserving public health, safety, convenience and the general welfare of the community by ensuring that automobile service stations will not create pedestrian and vehicular traffic impacts. For example, new standards establish that the minimum site area for automobile service stations is 40,000 square feet and that no more than two driveways shall be provided to any street from a property which includes an automobile service station;
iii. Regulating that the design and operation of automobile service stations will mitigate any impacts associated with these uses, including traffic, excessive pavement, lighting, litter, hazardous material and noise. For example, new standards require that building placement and frontages be consistent with form-based zoning requirements, and new operational standards ensure safe and convenient access by regulating site maintenance, location of trash facilities, noise impacts, placement of mechanical equipment like hydraulic hoists be located indoors; iv. Supplementing the standards in the underlying zones within which these uses are located. These new operational standards include regulations for ancillary uses such as convenience stores, car washes and vehicle repair shops to ensure that these will be complimentary, and not detrimental to, the surrounding neighborhood. For example, alcohol sales related to ancillary uses of automobile service stations located in overconcentrated census tracts will be prohibited, and ancillary services will also be prohibited from operating 24 hours a day.

Lastly, the proposed amendments include language regulating the discontinuation of an automobile service station or related structure, as well as establishing regulations for automobile service stations which may become legal nonconforming as a result of the adoption of this proposed amendment.

Specifically, these legal nonconforming regulations provide that existing automobile service stations may not be modified (enlarged, extended, reconstructed or moved to another location of the subject parcel unless the station is modified to improve soil, ground water and storm water quality, made to improve traffic safety, and be made to enable zero-emissions vehicles b. Smoke Shops (Chapter 17.102, Section 17.102.040):

Over the course of the past few years, and in response to concerns received from the community, city staff from Healthy RC as well as the Youth Leaders, a community group comprised of high school-aged volunteers, began researching these concerns related to the proximity of smoke shops to sensitive uses, such as schools and parks. Consultation with Rancho Cucamonga Sherriff’s Department

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confirms that there is a correlation between the proximity of these uses to schools and parks and the instances of sales of tobacco products, including vaping, to minors. Currently, the code establishes a 200-foot distance requirement of such uses from schools and parks. The proposed amendments increase this separation requirement to 1,000 linear feet. In addition, this amendment also establishes signage regulations intended to deter minors from entering such businesses without a parent or legal guardian, places a maximum percentage of the floor area which can be dedicated to selling tobacco paraphernalia, and establishes provisions for smoke shops which would be made nonconforming as a result of the adoption of this section.
c. Height Standards for Wireless Facilities in Form-Based Zones (Chapter, 17.106, Section 17.106.040.D):

This amendment establishes height standards for wireless facilities in form-based zones. Prior to this proposed amendment, the code provided height standards for wireless facilities which did not account for wireless facilities in form-based zones.

This amendment corrects this inconsistency by providing clear height standards for all applicable form-based zones.

4. Article VIII
a. Height and Massing for Projects Adjacent to Existing Residential (Chapter 17.130, Section 17.130.030.J.1-3):

To better calibrate new development, which is located next to existing single-family residential zones, staff proposes amendments and clarifying language which requires that fifth stories and above of new development be stepped back an additional eight feet from the fourth story along interior rear and side facades.

Further, this amendment also clarifies similar step-backs for fourth stories on new development adjacent to single-family residential zones, relative to interior rear and side facades.
b. Vertical Articulation Standards (Chapter 17.130, Section 17.130.030.L, 1-3):

This amendment clarifies language related to vertical articulation for upper stories of new development, and also establishes that when building facades exceed 400 feet along a right- ofway, vertical breaks at least 60 feet wide and 40 feet deep shall be provided. The resultant areas created by these spaces shall be required to provide pedestrian amenities and be accessible to the public This additional articulation and revised standards aide in creating a pedestrian-scaled building mass along frontages that creates a welcoming, safe streetscape. c. Clarifying Height Limitations and Floor Area Ratio (Chapter 17.130, Table

17.130.050-1):

This amendment eliminates height limits for new buildings adjacent to lower density residential zones within the ME2, CO1 and CO2 zones in lieu of the revised standards related to interior side and rear yards described previously. This amendment also clarifies that Floor Area Ratio (FAR) is applicable only to non- residential portions of development, including non-residential portions of mixed- use development.

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d. New Building Type and Related Standards (Chapter 17.130, Table 17.130.060-1 and Section 17.130.060):

Changes to this table propose adding the “Main Street” building type as a permitted building type to the NE2 zone. These changes also introduce a new “Large House” building type as an allowable building type in the NE2 zone, which is a predominately single-family residential zone which permits a limited variety of nonresidential uses. Corresponding changes to Section 17.130.060.K establish development standards for the Large House building type. e. Building Entrances and Facades (Chapter 17.132, Table 17.132.030-1):

Related to the corresponding amendments which allow the Main Street building type within the NE2 zone, Table 17.132.030-1 has been updated to permit the “Shopfront and Gallery, Arcade, Terrace, and Recessed Variations,” Building Entrance and Façade Type within the NE2 zone.
f. Allowed Land Use Standards (Chapter 17.136, Table 17.136.020-1):

Currently, Table 17.136.020-1 provides that Assembly Uses, where permitted, require a Minor Use Permit in all conventional and form-based zones, except CE1, CE2, ME1 and ME2 where they are permitted by right. This inconsistency had led to confusion internally. Thus, staff proposes an amendment to where Assembly Uses would require a Minor Use Permit in all zones. This would establish consistency in review and ensure that staff is able to properly analyze and condition any impacts which may occur as a result of this use. This amendment also eliminates Automobile Service Stations as a use permitted within form-based zones, consistent with changes to Automobile Service Station standards. g. Various Changes to Large Site Development Standards (Chapter 17.138, Sections

17.138.010.C and 17.138.030.G-I):

Various amendments to these referenced sections include refinements to form- based code standards to better calibrate new development to the General Plan vision. These proposed amendments include: 1) requiring new subdivision maps over three acres in size located within form-based zones to comply with Large Site Development Standards; 2) revising Table 17.138.030-1 by establishing block size standards for the Neighborhood General 2 (NE2) zone and reducing maximum perimeter block sizes within the Corridor 1 (CO1) and Corridor 2 (CO2) zones from 2,000 feet to 1,700 feet to better provide pedestrian-scaled blocks; and 3) clarifying language related to height transitions related to new development adjacent to zones with lower maximum density or lower height limits, specifically that any height restrictions which apply in this case apply to buildings across the entire development site, with the exception that any buildings which are located entirely more than 60 feet or more away from a shared lot line are not subject to the height restrictions.
h. Clarifying Non-residential Use Mix (Chapter 17.138, Section 17.138.030.J):

Currently, related to non-residential use mix standards within form-based zones, there are standards provided in Section 17.130.040.B, as well as in Section

17.138.030.J, Table 17.138.030- 2. It is unclear how these standards relate, and this has led to confusion in the application of this standard. Staff proposes an amendment which provides that when there is a conflict between these two sections, the most restrictive standards apply.

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5. Article IX
a. Changes to Universal Definitions (Chapters 17.140 and 17.154):

Amendments to this section include proposed new and updated definitions for automobile service stations and smoke shops (Chapter 17.140) and terms related to revised form-based code standards (Chapter 17.154).

FISCAL IMPACT:

The adoption of these amendments will further facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed-use centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

These amendments address multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting, and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more.

ATTACHMENTS:

Attachment 1 – Major Development Code Amendments List (Spreadsheet) Attachment 2 – CEQA Addendum
Attachment 3 – Planning Commission Meeting Minutes, February 22, 2023 Attachment 4 – Planning Commission Resolution 23-05
Attachment 5 – Development Code Redlines
Attachment 6 – Ordinance No. 1017

Attachment 1_Major Development Code Amendment List (City Council March 15, 2023) Article Chapter Section
V 17.89 N/A
V 17.106 17.106.040.D
All form-based
zonesUpdated vertical articulation standard, requiring articulation all upper storeis. New façade standard for facades that exceed 400 feet in length.

VIII 17.130. 17.130.030
Updated standards for new construction abutting single-family residential zones, requiring the fifth story and above to be stepped back by an additional eight feet from the fourth story.

All form-based
zones17.130.03017.130.VIII
V 17.102 17.102.040
All zones that
allow for
smoke shops
New height standards table for wireless facilities in form-based zones All form-based
zones
New chapter for Automobile Service Station standards
NI, NG3L, ME1,
ME2, CO1, CO2
Smoke Shops: updated location standard near sensitive uses, new measurement of distance standard, new signage standard, new merchandise standard, and nonconforming language
All zones that
allow for
accessory
structures
Text added that all materials, supplies, equipment, loading docks, trucks, and trailers shall be stored within an enclosed building or an area screening from public view in form-based zones
All form-based
zones
III All single-
family zones
Code Amendment
Affected
Zones
Additional street connectivity standards for all new developments in single- family zones.

17.36.01017.36
IV 17.48 17.48.050.D.4
Edits to Table 17.42.040-1 (Development Standards for Accessory Structures) to clarify "Front Yard, outside of setback area", add "Open structures with a solid roof (i.e. patio cover, gazebo), and clairfy there is no minimum siting distance for certain accessory structures outside of the front yard setback area

17.42.04017.42IV
Exhibit A Attachment 1

VIII 17.136 17.136.020-1
VIII 17.136 17.136.020
New definitions related to Automobile Service Stations, new/updated definitions related to Smoke Shops, new "Primary Mass" definition, new "Wings, Front"/ "Wings, Rear"/"Wings, Side"/"Wings" definitions. New Figure 17.154.020-3 (Primary Mass and Wings).

17.140.02017.140.IX
All zones
allowing for
Automobile
Service
Stations,
Smoke Shops;
Form-based
zones
VIII
NE2, CO1, CO2;
All form-based
zones
New standards for subdivisions with Large Sites, and new standards for "Required Non-Residential Use" subsection for when conflicts arise with the Ground Floor Use restrictions, the most restrictive standards apply.

All form-based
zones17.138.03017.138VIII
New footnote to reference screening standards for industrial uses in ME1 and ME2
All form-based
zones
Updated Site and Block Configurations - updated Block Sizes for NE2, CO1, and CO2; New 'Transition' standards for height restrictions and new exemption for buildings which are entirely located 60 feet or greater from the shared lot line.

17.138.03017.138
Update to Table 17.132.030-1 (Allowed building entrance and façade types by zone) allowing for "Shopfront, gallery, arcade…" in the NE2 zone.

17.132.03017.132VIII NE2
Updates to Table 17.130.060-1 (Allowed building types by zone): Allow for Main Street building in NE2, New "Large House" building type allowed in NE2 only. New "Large House" building type page with development standards

17.130.06017.130.VIII NE2
Updates to Table 17.130.050-1 (Required build-to-line, height, and frontage area): Removal of height limits for buildings adjacent to a lower density residential zone for ME2, CO1, and CO2; updated footnote "FAR applies to non-residential portion of the development only, including non-residential portions of mixed-use development."

17.130.05017.130.VIII
All form-based
zones
ME2, CO1, and
CO2; All form-
based zones
Updated vertical articulation standard, requiring articulation all upper storeis. New façade standard for facades that exceed 400 feet in length.

VIII 17.130. 17.130.030
All form-based
zones
Changes to land use table which require an MUP for Assembly Uses in all form-based zones.

New definitions related to Automobile Service Stations, new/updated definitions related to Smoke Shops, new "Primary Mass" definition, new "Wings, Front"/ "Wings, Rear"/"Wings, Side"/"Wings" definitions. New Figure 17.154.020-3 (Primary Mass and Wings).

17.140.02017.140.IX
All zones
allowing for
Automobile
Service
Stations,
Smoke Shops;
Form-based
zones

February 2023 | General Plan EIR Addendum

ADDENDUM TO THE GENERAL PLAN EIR
SCH No. 2021050261

FOR THE

DEVELOPMENT CODE UPDATE
City of Rancho Cucamonga
Prepared for:

City of Rancho Cucamonga
Contact: Jean Ward, Contract Project Manager
10500 Civic Center Drive,
Rancho Cucamonga, CA 91730
909.774.4330
Pre
pared by:

PlaceWorks
Contact: Mark Teague, AICP, Principal
303 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com
Exhibit C Attachment 2

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA
Table of Contents
February 2023 Page i
Section Page

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

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

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

1.3 PROJECT DESCRIPTION ................................................................................................................................. 4

2. FINDINGS ...................................................................................................................................... 10

Tables Page
TABLE 1 PROPOSED DEVELOPMENT CODE REVISIONS ........................................................... 9

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA
Table of Contents
Page ii February 2023
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1. Addendum to the Adopted General Plan EIR

1.1 BACKGROUND
This document serves as the environmental documentation for the City’s update to its Development Code (proposed project) to ensure consistency with the City’s General Plan. This addendum to the General Plan Environmental Impact Report (EIR), certified in D ecember 2021 (State Clearinghouse No. 2021050261), demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions described i n the California Environmental Quality Act (CEQA) Guidelines, Section 15162, exist and preparation of a subsequent EIR or negative declaration is not necessary.

1.2 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

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

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

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

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agenc y's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

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

1.3 PROJECT DESCRIPTION
The intent of the project is to ensure that the updated Development Code is consistent with the adopted General Plan. The key amendments to existing Development Code chapters and sections are described below and in Table 1 and include changes to Articles III, IV, V , VIII and IX.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

October 2022 Page 5

1. Article III
a. (Street Connectivity Standards, Chapter 17.36, Section 17.36.010):

Proposed amendments to Article III establish additional street connectivity standards for all new developments in single-family zones. For example, future development will be required to provide through streets without cul-de-sacs, and dead-end streets will only be allowed to provide future connectivity to adjacent development. Implementing these standards will improve circulation for residents, improve response times for emergency services and reduce vehicle miles traveled.

2. Article IV
a. (Accessory Structure Development Standards, Chapter 17.42, Section 17.42.040):

Amendments to Article 4 edits Table 17.42.040- 1, which provides development standards for accessory structures. Prior to these edits, this table led to confusion between front setback and what is referred to as the front yard, or those areas between the street and the house that are located outside of the front setback. Due to this confusion, it was unclear to staff whether certain structures could be located in the front yard as long as they remained outside of the front setback.

This amendment clarifies that certain open structures with a solid roof (i.e. patio cover, gazebo), is permitted in the front yard but still prohibited from being located in the front setback. Also, b. (Screening Standards with Form-Based Zones, Chapter 17.48, Section 17.48.050.D.4) This amendment clarifies that materials, supplies, equipment, loading docks, trucks, and trailers shall be stored within an enclosed building or an area screening from public view within form- based zones. Screening requirements , particularly within ME1 and ME2 , are critical as form - based zones permit a variety of medium to high intensity uses where buildings front streets creating vibrant hubs of activity. Establishing clear screening requirements facilitates this desired neighborhood form.

3. Article V
a. (Automobile Service Station Standards, Chapter 17.89) On March 17, 2021, the City Council directed the City Manager to research and compile information about service stations in the city in response to a variety of concerns which had been raised by residents over and to consider how service stations may factor into the General Plan’s vision for land use and economic development. This analysis included but was not limited to analyzing the number and location of existing service stations in the City, analysis of land use benefits of these uses to the community, costs of providing public safety services at service station locations, and the consideration of possible performance standards and/or conditions that could be placed on service stations to promote optimal community benefit. On April 21, 2021, the City Council conducted a special study session enacting a moratorium on service stations until such time that staff could sufficiently analyze issues raised. On April 6, 2022, this moratorium was extended to April 20, 2023.

This amendment establishes a new chapter for Automobile Service Station standards which ensures that these uses will effectuate the vision of the general plan by:

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

i. Establishing separation, distance and adjacency requirements from sensitive uses. For example, automobile service stations shall be located no closer than 1,000 linear feet to other automobile service stations and not more than two stations are permitted at any intersection;
ii. Promoting and preserving public health, safety, convenience and the general welfare of the community by ensuring that automobile service stations will not create pedestrian and vehicular traffic impacts. For example, new standards establish that the minimum site area for automobile service stations is 40,000 square feet and that no more than two driveways shall be provided to any street from a property which includes an automobile service station;
iii. Regulating that the design and operation of automobile service stations will mitigate any impacts associated with these uses, including traffic, excessive pavement, lighting, litter, hazardous material and noise. For e xample, new standards r equire that building placement and frontages be consistent with form-based zoning requirements, and new operational standards ensure safe and convenient access by regulating site maintenance, location of trash facilities, noise impacts, placeme nt of mechanical e quipment like hydraulic hoists be located indoors;
iv. Supplementing t he standards in the underlying zones w ithin which these uses are located. These new operational standards include regulations for ancillary uses such as convenience stores, car washes and vehicle repair shops to ensure that these will be complimentary, and not detrimental to, the surrounding neighborhood. For example, alcohol sales for ancillary uses of service stations located within overconcentrated census tracts will be prohibited, as will 24 hour services for ancillary uses.

Lastly, the proposed amendments include language regulating the discontinuation of an automobile service station or related structure, as well as establishing regulations for automobile service stations which may become legal nonconforming as a result of the adoption of this proposed amendment. Specifically, these legal nonconforming regulations provide that existing automobile service stations may not be modified (enlarged, extended, reconstructed or moved to another location of the subject parcel unless the station is modified to improve soil, ground water and storm water quality, made to improve traffic safety, and be made to enable zero-emissions vehicles. b. (Smoke Shops , Chapter 17.102, Section 17.102.040).

Over the course of the past few years, and in response to concerns received from the community, city staff from Healthy RC as well as the Youth Leaders, a community group comprised of high school-aged volunteers, beg an researching these concerns related to the proximity of smoke shops to sensitive uses, such as schools and parks. Consultation with Rancho Cucamonga Sherriff’s Department confirms that there is a correlation between the proximity of these uses t o
s
chools and parks and the instances of sales of tobacco products, including vaping, to minors.

Currently, the code establishes a 200 -foot distance requirement of such uses from schools and

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR
October 2022 Page 7
parks. The proposed amendments increase this separation requirement to 1,0 00 linear feet. In addition, this amendment also establishes signage regulations intended to deter minors from entering such businesses without a parent or legal guardian, places a maximum percentage of the floor area which can be dedicated to selling tobacco paraphernalia, and establishes provisions for smoke shops which would be made nonconforming as a result of the adoption of this section. c
. (Height Standards for Wireless Facilities in Form -Based Zones, Chapter, 17.106, Section

17.106.040.D).

This amendment establishes height standards for wireless facilities in form-based zones. Prior to this proposed amendment, the code provided height standards for wireless facilities which did not account for wireless facilities in form -based zones. This amendment cor rects this inconsistency by providing clear height standards for all applicable form-based zones.

Ar
ticle VIII
a. (He
ight and Massing for Projects Adjacent to Existing Residential, Chapter 17.130, Section

17.130.030.J.1-3)
To better calibrate new development which is located next to existing single -family residential z
ones, staff proposes amendments and clarifying language which requires that fifth stories and above of new development be stepped back an additional eight feet from the fourth story a long i
nterior rear and side facades. Further, this amendment also clarifies similar step-backs for fourth s
tories on new development adjacent to single-family residential zones. b. (
Vertical Articulation Standards, Chapter 17.130, Section 17.130.030.L, 1-3) This amendment clarifies language related to vertical articulation for upper stories of new development, and also establishes that when building facades exceed 400 feet along a right - of- way, vertical breaks at least 60 feet wide and 40 feet deep shall be provided. The resultant areas created by these spaces shall be required to provide pedestrian amenities and be accessible to the public This additional articulation and revised standards aide in creating a pedestrian -scaled building mass along frontages that creates a welcoming, safe streetscape. c
. (Clarifying Height Limitations and Floor Area Ratio, Chapter 17.130, Table 17.130.050-1) This amendment eliminates height limits for new buildings adjacent to lower density residential zones within the ME2, CO1 a nd CO2 zones. This amendment also clarifies that Floor Area Ratio (FAR) is applicable only to non -residential portions of development, including non- residential portions of mixed-use development.
d. (
New Building Type and Related Standards, Chapter 17.130, Table 17.130.060 -1 and Section

17.130.060)
Changes to this table propose adding the “Main Street” building type as a permitted building type to the NE2 zone. These changes also introduce a new “Large House” building type as an allowable building type in the NE2 zone, which is a predominately single-family residential zone where a limited amount of nonresidential neighborhood serving uses are permitted .

Corresponding changes to Section 17.130.060.K establish development standards for the Large House building type.
e
. (Building Entrances and Facades, Chapter 17.132, Table 17.132.030-1)

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

Related to the corresponding amendments which allow the Main Street building type within the NE2 zone, Table 17.132.030-1 has been updated to permit the “Shopfront and Gallery, Arcade, Terrace, and Recessed Variations,” Building Entrance and Façade Type within the NE2 zone. f. (
Allowed Land Use Standards, Chapter 17.136, Table 17.136.020-1) Currently, Table 17.136.020-1 provides that Assembly Uses require a Minor Use Permit in all form-based zones, except CE1, CE2, ME1 and M E2 where they are permitted by right. This inconsistency had led to confusion internally. Thus, staff proposes an amendment to where Assembly Uses would require a Minor Use Permit in all form-based zones. This would establish consistency in review and ensure that staff is able to properly analyze and condition any impacts which may occur as a result of this use. To be clear, staff proposes that Assembly Uses not be permitted within the NE2 form- based zone. This amendment also eliminates Automobile Service S tations as a use permitted within form -based zones, consistent with changes to Automobile Service Station standards.
g. (V
arious Changes to Large Site Development Standards, Chapter 17.138, Sections 17.138.010.C and 17.138.030.G-I)
Various amendments to thes e referenced sections include refinements to form -based code standards to better calibrate new development to the General Plan vision. These proposed amendments include: 1) requiring new subdivision tract maps over three acres in size located form-based zo nes to comply with Large Site Development Standards; 2) revising Table

17.138.030-1 by establishing block size standards for the Neighborhood General 2 (NE2) zone and reducing maximum perimeter block sizes within the Corridor 1 (CO1) and Corridor 2 (CO2) zones from 2,000 feet to 1,700 feet so as to better provide pedestrian -scaled blocks; and 3) clarifying language related to height transitions related to new development adjacent to zones with lower maximum density or lower height limits, specifically that any height restrictions which apply in this case apply to buildings across the entire development site, with the exception that any buildings which are located entirely more than 60 feet or more away from a shared lot line are not subject to the height restrictions.
h. (
Clarifying Non-residential Use Mix, Chapter 17.138, Section 17.138.030.J) Currently, related to non -residential use mix standards within form -based zones, there are standards provided in Section 17.130.040.B, as well as in Section 17.138.030.J, Table 17.138.030-

2. I
t is unclear how these standards relate, and this has led to confusion in the application of this standard. Staff proposes an amendment which provides that when there is a conflict between these two sections, the most restrictive standards apply. i. (
Changes to Universal Definitions, Chapters 17.140, and 17.154, various sections) Amendments to this section include proposed new and updated definitions for automobile service stations and smoke shops (Chapter 17.140), and terms relate d to form- based code standards (Chapter 17.154).

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR
October 2022 Page 9

Article Chapter Section
V 17.89 N/A
V 17.106 17.106.040.D
VIII 17.136 17.136.020-1
VIII 17.136 17.136.020
New definitions related to Automobile Service Stations, new/updated definitions related to Smoke Shops, new "Primary Mass" definition, new "Wings, Front"/ "Wings, Rear"/"Wings, Side"/"Wings" definitions. New Figure 17.154.020-3 (Primary Mass and Wings).

17.140.02017.140.IX
All zones
allowing for
Automobile
Service
Stations,
Smoke Shops;
Form-based
zones
VIII
NE2, CO1,
CO2; All form-
based zones
New standards for subdivisions with Large Sites, and new standards for "Required Non-Residential Use" subsection for when conflicts arise with the Ground Floor Use restrictions, the most restrictive standards apply.

All form-based
zones17.138.03017.138VIII
New footnote to reference screening standards for industrial uses in ME1 and ME2
All form-based
zones
Updated Site and Block Configurations - updated Block Sizes for NE2, CO1, and CO2; New 'Transition' standards for height restrictions and new exemption for buildings which are entirely located 60 feet or greater from the shared lot line.

17.138.03017.138
Update to Table 17.132.030-1 (Allowed building entrance and façade types by zone) allowing for "Shopfront, gallery, arcade…" in the NE2 zone.

17.132.03017.132VIII NE2
Updates to Table 17.130.060-1 (Allowed building types by zone): Allow for Main Street building in NE2, New "Large House" building type allowed in NE2 only. New "Large House" building type page with development standards

17.130.06017.130.VIII NE2
Updates to Table 17.130.050-1 (Required build-to-line, height, and frontage area): Removal of height limits for buildings adjacent to a lower density residential zone for ME2, CO1, and CO2; updated footnote "FAR applies to non-residential portion of the development only, including non-residential portions of mixed-use development" (pending City interpretation of minimums).

17.130.05017.130.VIII
All form-based
zones
ME2, CO1, and
CO2; All form-
based zones
Updated vertical articulation standard, requiring articulation all upper storeis. New façade standard for facades that exceed 400 feet in length. VIII 17.130. 17.130.030 Updated standards for new construction abutting single-family residential zones, requiring the fifth story and above to be stepped back by an additional eight feet from the fourth story.

All form-based
zones17.130.03017.130.VIII
V 17.102 17.102.040
All zones that
allow for
smoke shops
New height standards table for wireless facilities in form-based zones All form-based New chapter for Automobile Service Station standards NI, NG3L, ME1, Smoke Shops: updated location standard near sensitive uses, new measurement of distance standard, new signage standard, new merchandise standard, and nonconforming language
All zones that
allow for
accessory
structures
Text added that all materials, supplies, equipment, loading docks, trucks, and trailers shall be stored within an enclosed building or an area screening from public view in form-based zones
All form-based
zones
All form-based
zones
Changes to land use table which require an MUP for Assembly Uses in all form-based zones.

III All single-
family zones
Code Amendment
Affected
Zones
Additional street connectivity standards for all new developments in single- family zones.

17.36.01017.36
IV 17.48 17.48.050.D.4
Edits to Table 17.42.040-1 (Development Standards for Accessory Structures) to clarify "Front Yard, outside of setback area", add "Open structures with a solid roof (i.e. patio cover, gazebo), and clairfy there is no minimum siting distance for certain accessory structures outside of the front yard setback area

17.42.04017.42IV
Table 1: Proposed Major Development Code Revisions

2. Findings
The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety, and noise. The General Plan EIR included Standard Conditions of Approval (See Chapter 4 Implementation) for the following environmental topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise , transp ortation, tribal cultural resources, and wildfire.

The policies of the General Plan and the City’s existing development standards apply to all development in the General Plan Planning Area and would continue following adoption of the proposed project. As i ndicated above, the Development Code revisions are intended to improve alignment with the General Plan. As shown in Table 1, the text revisions constitute minor changes to existing Development Code intended to clarify and support implementation of the General Plan.

The General Plan EIR considered land use designations and the general pattern of future development. While the Development Code is not specifically evaluated in the General Plan EIR, state law requires that land use and zoning be consistent. The General Plan EIR included policy changes as well as an update to the Development Code, which included zoning updates. Overall, the proposed revisions to the Development Code are minor in nature and are required to ensure consistency with the recently adopted General Plan, any physical impacts associated with the rezoning of parcels are addressed through the City’s General Plan Implementation Chapter, zoning, and development standards. For these reasons, the proposed project would not change the conclusions of the General Plan EIR.

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

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

The proposed project would better align the Development Code with the recently adopted General Plan; therefore, the proposed revisions to the Development Code are consistent with the General Plan as evaluated in the General Plan EIR and adopted by the City. Consequently, the changes to the Development Code would not change the conclusions of the EIR.

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

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

2. CEQA Analysis
October 2022 Page 11
The General Plan Update anticipated the need to amend the Development Code to implement the goals and policies adopted by the City. The General Plan EIR relies upon the Implementation Measures included in the General Plan to regulate all future development. The se Measures will continue to apply to all development in the City and will have the same mitigating effect s as disclosed in the General Plan EIR.

Because these change s are a result of the Development Code review anticipated by the General Plan Update, there is no new information that was not known and could not have been known at the time the General Plan EIR was certified . The impacts from the proposed project would be the same as those disclosed in the certified General Plan EIR.

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

The proposed project would have the same significant impacts as those disclosed in the General Plan EIR.

The General Plan policies and Standard Conditions of Approval identified in the General Plan EIR to reduce physical environmental effects would apply to all new development. These policies would have the same mitigating effect as disclosed in the General Plan EIR . The proposed project would better align the Development Code with the recently adopted General Plan, and therefore, the proposed project is consistent with the General Plan EIR. There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR. Future development that would require amendments to the General Plan would be required to undergo appropriate environmental analysis.

4. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would better align the Development Code with the recently adopted General Plan as evaluated by the General Plan EIR. All policies and Standard Conditions of Approval identified in the General Plan EIR would continue to apply to all development in the C ity and would have the same mitigating effect as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR and does not change the conclusions of the EIR or require new Standard Conditions of Approval or mitigation. Future development that would require amendments to the General Plan would be required to undergo appropriate environmental analysis.

5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

2. CEQA Analysis

significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would not result in direct physical changes to the environment but would ensure that the Development Code is consistent with the General Plan. As such, development in the City would continue to be consistent with the buildout projected in the General Plan EIR, and the resulting impacts disclosed in the General Plan EIR would remain the same. Therefore, no new Standard Conditions of Approval, mitigation measures, or alternatives to the proposed project would be required.

There are no substantial changes in the circumstances or added information that was not known and could not have been known at the time of the adoption of the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR.

Therefore, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE

CITY OF RANCHO CUCAMONGA

2. CEQA Analysis
October 2022 Page 13

Historic Preservation Commission and
Planning Commission Agenda
February 22, 2023

DRAFT MINUTES
Rancho Cucamonga, CA 91729
7:00 p.m.

The regular meeting of the Historic Presentation Commission and Planning Commission was held on February 22, 2023. The meeting was called to order by Chair Dopp 7:00 p.m.

A. Roll Call
Planning Commission present: Chair Dopp, Vice Chair Morales, Commissioner Boling, and Commissioner Daniels. Absent: Commissioner Williams.

Staff Present: Serita Young, Assistant City Attorney; Jennifer Nakamura, Deputy Director of Planning; Brian Sandona, Senior Civil Engineer; Tabe van der Zwaag, Associate Planner; Sean McPherson, Acting Principal Planner; David Eoff, Senior Planner; Elizabeth Thornhill, Executive Assistant.

B. Public Communications
Vice Chair Dopp opened the public communications and seeing no one, closed public communications.

C. Consent Calendar
C1. Consideration to adopt Regular Meeting Minutes of January 25th, 2023.

Motion to adopt the minutes by Commissioner Boling; second by Commissioner Daniels; Motion carried unanimously 4-0-1. Absent: Commissioner Williams.

D. Public Hearing
D1. TENTATIVE PARCEL MAP, DESIGN REVIEW AND MINOR EXCEPTION – DESIGN CONCEPTS – A request to subdivide 1.93 acres of land into two parcels along with the design review of two single-family residences and a minor exception to permit property line walls over the height limit due to onsite grades for a property located in the Very Low Residential (VL) Zone and the Hillside Overlay located on the east side of Archibald Avenue approximately 240 feet north of Wilson Avenue; APN: 1074-181-02. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 – Minor Land Divisions and a Class 3 Exemption under State CEQA Guidelines Section 15303, New Construction and Conversion of Small Structures. Tentative Parcel Map SUBTPM20297, Design Review DRC2020-00407 and Minor Exception DRC2022-00340.

Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and presentation (copy on file).

Chair Dopp opened Public Hearing.

Shiv Talwar, Applicant, was in attendance and available to answer questions.

Attachment 3

HPC/PC MINUTES – February 22, 2023

Draft
2 8
3 1
Randy McChure, resident, expressed the following concerns:
•Street reduction to one lane in front of his house @ 5605 Archibald Ave. •Measurement of wall height
Elaine Carvalho, resident, requests a copy of the survey of the property line that was promised at the November meeting. She would like a copy before construction begins to verify the placement of property line. Regarding the parcel map, the staff report indicates 1.93 acres, but the San Bernardino assessors map indicates 1.68 acres.

Joshua Flores, an associate pastor at church located on the Southeast side of property spoke of concerns of the retaining wall and wants to make sure the soils compaction/stabilization will be reviewed accordingly.

Shiv Talwar, Applicant, answered the following concerns:
•Size of parcel - will be certified by a professional land surveyor. •Retaining wall - He understands their concerns.

Chair Dopp closed Public Hearing.

Tabe van der Zwaag, explained how the wall height was calculated.

Brian Sandona, Senior Civil Engineer, explained that street and right of way improvements are made as properties develop. Should the property to the north develop or redevelop, then street and right of way improvements will take place. There will be one lane, in that location like the current condition. That one portion will be shorter for the time being, until the north lot is developed.

Commissioner Boling asked if the lot to the north is vacant or does it have structure on it.

Brian Sandona stated it does have structure on it. The frontage on Archibald is not constructed.

Commissioner Boling asked when would the requirement for the property owner need to fund and construct making sure the street frontage gets done.

Brian Sandona answered it will occur upon development or redevelopment of the property. Any addition or development greater than 650 sq. ft. would trigger frontage improvements.

Commissioner Boling asked for confirmation that the timing of frontage improvements up to the property owner and whether they want to fund and complete now or would be required by the City if they were to redevelop their property such that it triggers the requirement.

Brian Sandona replied yes.

Commissioner Daniels asked if there would be fencing or barricades.

Brian Sandona stated that the Engineering department would work with the applicants engineer, to create a transition so it is safe.

Commissioner Boling requested Staff to indicate the dates of legal notices for the record.

Staff responded as follows:
•Inland Valley Daily Bulletin newspaper - Published February 8, 2023. •Property was posted February 8 th, 2023.

HPC/PC MINUTES – February 22, 2023

Draft
2 8
3 1
•Mailers sent to 69 property owners mailed February 7 th, 2023.

Chair Dopp asked if the curb for the project is moving to the east for extra width.

Brian Sandona answered yes.

Chair Dopp asked about the discrepancy on the property information.

Jennifer Nakamura stated that the project plans are conceptual. Sometimes, when completing their final building documents, occasionally discrepancies or issues arise, and staff works with developer to rectify those problems. We will make sure that the correct and accurate information is displayed on the final plans and, the final map will go to the County for final verification and accuracy.

Commissioner Boling said the proposed parcel split and construction of the two-single family homes helps achieve the city’s housing objectives. The proposed project is well designed, and it considers potential use of the Equestrian trails and compliments the existing neighborhood character. He wishes the applicant all the best as they move forward in building side by side their dream homes.

Vice Chair Morales stated the process to address the issues brought up tonight will be addressed at the appropriate time when it goes through its final steps. He also agrees, it’s a well-designed project for this neighborhood and it will enhance it.

Motion to adopt Resolutions 23-02 Tentative Parcel Map SUBTPM20297, 23-03 Design Review DRC2020- 00407 and 23-04 Minor Exception DRC2022-00340 by Commissioner Daniels; second by Commissioner Boling. Motion carried unanimously 4-0-1 vote. Absent: Commissioner Williams.

D2. Consideration to: Amend Articles III, IV, V, VIII and IX of Title 17 of the Rancho Cucamonga Municipal Code as follows: Amend Street Connectivity Standards In Certain Zones; Modify Detached Accessory Structure Standards; Amend Screening Standards; Revise Standards Related to Automobile Service Stations, Smoke Shops and Height Restrictions for Wireless Telecommunications Facilities; Amend Building Height, Façade Types, Articulation and Block Sizes In Form-Based Zones; Clarifying Application of Floor Area Ratio Standard; Revising Permitted Building Types in the NE2 Zone; Changes To The Form-Based Zone Land Use Table; Clarify Required Non-Residential Use Intensity in Various Form-Based Zones, and Amend Various Definitions; The City Has Prepared an Addendum To The Certified EIR For The General Plan Update And Climate Action Plan For The Project. This Item Will Be Forwarded to The City Council for Final Action.

Sean McPherson, Acting Principal Planner, presented Commissioners with a Staff Report and presentation (copy on file).

Chair Dopp opened Public Hearing and hearing no one, closed Public Hearing.

Commissioner Daniels asked about the requirements of service stations that sell alcohol and that there were concerns relating to the hours of operations and if that was addressed.

Sean McPherson responded with regards to service stations that sell alcohol, there are 28 census tracts in the city. Twenty-three (23) of which already include some form of off sale alcohol license and out of those eleven (11) are already over concentrated or significantly overconcentrated. Alcohol sales with regards to service stations has been something considered and factored into staff’s approach. He said as it is right now, the current proposal in the Code Amendment would be that any service station which exists in an overconcentrated census tract and requests a CUP to sell alcohol would not be supported.

HPC/PC MINUTES – February 22, 2023

Draft
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Commissioner Daniels asked if the city has the authority over hours of operation.

Sean McPherson stated that for new gas stations with convenience stores and other similar uses 24-hour operations would be prohibited. Typically, calls such as service stations occur at certain hours to where it became practical for us to implement or propose a provision be added to the code to regulate hours of operations.

Commissioner Daniels asked how that will work to make service stations be non-conforming.

Sean McPherson replied where a convenience store sells alcohol tied to an existing service station would fall under legal non-conforming provisions of the code.

Commissioner Daniels asked what the max height for cell towers is.

Sean McPherson answered in form-based zones the new standard will be 50 ft.

Jennifer Nakamura mentioned the current code requires that the wireless tower not exceed the height limit for the zone of which it is being placed. She said in the form-based zones we don’t have overall height limits; they are story limits and that is why we had to institute a height requirement.

Commissioner Daniels mentioned in staff reports, acronyms are always used for the zones, and he has to look them up. He requested if they could explain what those zones are.

Sean McPherson indicated we would correct that for future reports.

Commissioner Boling stated so that Commissioners have a better understanding of what our decision-making impacts could be, he asked from staff for a census tract of which ones have businesses that do offer off sale alcohol and then which of those are overconcentrated in a map form. Having that available and periodically updated would be beneficial.

Sean McPherson responded that it could be put together in content of overconcentrated census tract in the future.

Commissioner Boling stated in legal non-conforming language, he asked do we need to specify where we identify any automobile service station that is unlawfully operating in the city and not conform to the provision shall be considered illegal and non-conforming use.

Sean McPherson responded on the recommended changes slide, last bullet point, has some added verbiage but will reword this section in prior to consideration by the City Council.

Commissioner Morales mentioned the development code amendment will align better with the General Plan itself. It cleans it up and creates alignment that we want.

Chair Dopp stated holistically speaking there are some things we have been seeing on this design review we have been asking for. He is happy to see Healthy RC involved for the teenagers can see action.

Chair Dopp stated he agreed with the direction we proposed for service stations. He expressed concerns about prohibiting cul-de-sacs. He indicated sometimes small cul-de-sacs are good options for single family developments to create community.

HPC/PC MINUTES – February 22, 2023

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Jennifer Nakamura stated that housing accountability act requires us to have objective development standards and the General Plan strongly supports street connectivity. To maintain objectivity, prohibiting them provide a clear standard in the next code update we are considering adding an exception process to allow a developer to ask permission to build a cul-de-sac if there is a compelling reason why a cul-de-sac should be considered.

Commissioners Boling, Daniels and Morales concurred with Chair Dopp regarding cul-de-sacs.

Motion to adopt with recommended changes by Staff, Resolution 23-05 recommending to City Council for final action by Commissioner Daniels; second by Commissioner Boling. Motion carried unanimously 4-0-1 vote. Absent: Commissioner Williams.

E. Director Announcements - None
F. Commission Announcements - None
G. Adjournment
Motion by Commissioner Daniels, second by Vice Chair Morales to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 8:13 p.m.

Respectfully submitted,

________________________
Elizabeth Thornhill
Executive Assistant, Planning Department

Approved:

Attachment 4

Exhibit A

Due to file size, this attachment can be accessed through the following link:

Municipal Code Amendment

Article III, IV, V, VIII, IX

Attachment 5 – Development Code Redlines
Articles III, IV, V, VIII and IX

Ordinance No. 1017 – Page 1 of 45

ORDINANCE 1017

AN ORDINANCE OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL
CODE AMENDMENT DRC2023 -00050 TO AMEND
ARTICLES III, IV, V, VIII AND IX OF TITLE 17 OF THE

MUNICIPAL CODE, A SUPPLEMENTAL UPDATE TO

THE DEVELOPMENT CODE, AND ADOPTING AN

ADDENDUM TO THE CERTIFIED ENVIRONMENTAL
IMPACT REPORT (SCH NO. 2021050261) FOR THE

GENERAL PLAN UPDATE AND CLIMATE ACTION

PLAN, AND MAKING FINDINGS IN SUPPORT

THEREOF

The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Recitals.

A. The City of Rancho Cucamonga (the “City”) , has prepared Municipal Code Amendment DRC2023-00050, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as “the amendment”.

B. The City is a municipal corporation, duly organized under the constitution and laws of the State of California.

C. As shown in the Exhibits A through K of this Ordinance, the amendment proposes to amend Articles III, IV, V, VIII and IX of Title 17 of the Municipal Code to establish new and updated development standards.

D. On the February 22, 2023, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, adopted Resolution No. 23-05 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment with the recommendation that certain language be clarified relative to Automobile Service Stations in Chapter 17.89.

E. On March 15, 2023, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date.

F. All legal prerequisites to the adoption of this Ordinance have occurred.

SECTION 2. Findings. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the Development Code and the General Plan’s goals, policies and implementation programs.

Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” The proposed amendment is consistent with the following Land Use Element and Housing Element policies:
• Land Use LC -1.2: Quality of Place. “Ensure that new infill development is compatible with the existing, historic, and

Ordinance No. 1017 – Page 2 of 45

envisioned future character and scale of each neighborhood.”

• Land Use LC -1.4: Connectivity and Mobility. “Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, using the public realm to provide more access options.”

• Land Use LC-1.9: Infill Development. “Enable and encourage infill development within vacant and underutilized properties through flexible design requirements and potential incentives.”

• Land Use LC -1.11: Compatible Development. “Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context.”

• Housing H -5.1: Development Review Processes. “Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements.”

• Housing H-5.4: Development Standards. “Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate income households and for persons with special needs.”

SECTION 3. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City has prepared an addendum to the certified Final Environmental Impact Report (“FEIR”) (SCH #2021050261) prepared for the General Plan Update and Climate Action Plan. The addendum concludes that the proposed amendment does not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects beyond what was analyzed in the certified FEIR. No new information has become available and no substantial changes to the circumstances under which implementation of the General Plan has been undertaken since the certification of the FEIR have occurred. The proposed amendment will not substantially increase the severity of effects relative to the environmental topics analyzed in the Certified FEIR, nor w ill the proposed a mendment require new mitigation measures or alternatives. Based on this evidence and all evidence in the record, the City Council concurs with Planning Department staff’s determination that the amendment will not have a significant effect on the environment and an addendum is the appropriate level of environmental review under CEQA. The City Council has considered the proposed addendum attached to the staff report accompanying the a mendment, along with the certified FEIR, and hereby adopts the addendum.

SECTION 4. The City Council hereby amends and restates in its entirety Table

17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development

Ordinance No. 1017 – Page 3 of 45

Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 5. The City Council hereby adds a new Subsection (E)(10)(a) -(c) entitled “Street Connectivity” to Section 17.36.010 (Development Standards for Residential Zones) of Chapter 17.36 (Development Standards by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 6. The City Council hereby amends and restates in its entirety Table

17.42.040-1 (Development Standards for Accessory Structures) of Section 17.42.040 (Development Standards) of Chapter 17.42 (Accessory Structures) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit B of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 7. The City Co uncil hereby amends and restates in its entirety Subsection (D)(1) of Section 17.48.050 (Requirements by Land Use Type) of Chapter 17.48 (Fences, Walls, and Screening) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit B of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 8. The City Council hereby renumbers Chapters 17.89 (Car Washing and Detailing) and 17.90 (Drive-In and Drive-Through Uses) of Article V (Specific Use Requirements) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to Chapters 17.90 and 17.91, respectively.

SECTION 9. The City Council hereby adds a new Chapter 17.89 entitled ”Car Washing and Detailing” to Article V (Specific Use Requirements) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 10. The City Council hereby amends and restates in its entirety Subsection (B) of, and adds new Subsections (C) through (F) to, Section 17.102.040 (Smoke Shops) of Chapter

17.102 (Special Regulated Uses) of Article V (Specific Use Requirements) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 11. The City Council hereby amends and restates Subsection (A)(4) (e) of Section 17.106.040 (Development Criteria) of, adds a new Subsection (D) to Section 17.106.040 (Development Criteria) of, and adds a new Table 17.106.040- 1 entitled “Height Standards in Form-Based Zoning Districts” to Section 17.106.040 (Development Cr iteria) of Chapter 17.106 (Wireless Telecommunication Facilities) of Article V (Specific Use Requirements) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit E of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 12. The City Council hereby amends and restates in its entirety Table

17.128.020-1 (Summary Table of Form-Based Zones) of Section 17.128.020 (Overview of Form- Based Zones) of Chapter 17.128 (Form-Based Zones) of Article VIII (Form-Based Code) of Title

Ordinance No. 1017 – Page 4 of 45

17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit F of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 13. The City Council hereby amends and restates in its entirety Subsection (J) (Interior Side and Rear Façade) of Section 17.130.030 (Applicable to All Zones) of, amends and restates in its entirety Subsection (L) (Vertical Articulation) of Section 17.130.030 (Applicable to All Zones) of, amends and restates in its ent irety Table 17.130.050 -1 (Required Build-to-Line, Height, and Frontage Area) of Section 17.130.050 (Specific to Zones) of, amends and restates in its entirety Table 17.130.060-1 (Allowed Building Types by Zone) of Section 17.160.060 (Building Type Standards) of, and adds a new Subsection (K) entitled “Large House” to Section 17.130.060 (Building Type Standards) of Chapter 17.130 (Zone and Building Standards) of Article VIII (Form- Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit G of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 14. The City Council hereby amends and restates in its entirety Table

17.132.030-1 (Allowed Building Entrance and Façade Types by Zone) of Section 17.132.030 (Applicable to All) of Chapter 17.132 (Building Entrances and Facades) of Article VIII (Form - Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit H of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 15. The City Council hereby amends and restates in its entirety Table

17.136.020-1 (Allowed Land Uses in Form -Based Zones) of Section 17.136.020 (Allowed Land Uses) of Chapter 17.136 (Land Use Standards) of Article VIII (Form -Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit I of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 16. The City Council hereby amends and restates in its entirety Subsection (C) of Section 17.138.010 (Purposes and Applicability) of, and amends and restates in their entirety Sections 17.138.020 (Review Procedures ) and 17.138.030 ( Site and Block Configurations) of Chapter 17.138 (Large Site Development) of Article VIII (Form-Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit J of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 17. The City Council hereby amends Section 17.140.020 (Universal Definitions) of Chapter 17.140 (Universal Definiti ons) of Article IX (Glossary) of Title 17 (Development Code) to add the following defined terms in alphabetical order to read as shown in Exhibit K of this Ordinance, attached hereto and incorporated herein by this reference: automobile service station, accessory car wash; automobile service station, ancillary equipment; automobile service station, canopy; a utomobile service station, convenience store; a utomobile service station, general; e lectric vehicle (EV) charging station; fuel pump; fuel island; s moke shop; tobacco product; and tobacco paraphernalia.

SECTION 18. The City Council hereby amends Section 17.154.020 (Form-Based Code Definitions) of Article IX (Glossary) of Title 17 (Development Code) to add the following defined terms in alphabetical order to read as shown in Exhibit K of this Ordinance, attached hereto and incorporated herein by this reference: primary mass; wings, front; wings, rear; wings, side; and wings.

Ordinance No. 1017 – Page 5 of 45

SECTION 19. The City Council hereby amends Section 17.154.020 (Form -Based Code Definitions) of Article IX (Glossary) of Title 17 (Development Code) to add a new Figure

17.154.020-3 entitled “Primary Mass and Wings” to be depicted as shown in Exhibit K of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 20. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions the reof be declared invalid or unconstitutional.

SECTION 21. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 22. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this ____ day of __________, 2023.

_____________________________________
Dennis Michael
Mayor
I, JANICE 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 15th day of March, 2023, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:______________________________
City Clerk

Ordinance No. 1017 – Page 6 of 45

EXHIBIT A
Amendments to Title 17, Article III (Zones, Allowed Uses, and Development Standards), Chapters 17.30 (Allowed Land Use by Base Zone) and 17.36 (Development Standards by Base Zone)

Amended Table and Sections:
• Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) • Section 17.36.010(E)(10)(a-c) (Street Connectivity)

17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone.

TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONE
Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Residential Uses
Accessory Dwelling Unit P P P P P P N N P P N N
Adult Day Care Home P P P P P P N N N P N N
Caretaker Housing M M M M M M M M P M P P
Dwelling, Multi-Family N N P P P P N N N N N N
Dwelling, Single- Family P P P P N N N N P P N N
Dwelling, Two-Family P P P P P P N N P P N N
Emergency Shelter (10) N N N N N N C N N N N N
Family Day Care Home P P P P P P P P P P P P
Agricultural Employee Housing P P P P P P N N N N N N
Guest House P P P N N N N N N N N N
Group Residential M M M M M M N N N M N N
Home Occupation (2) P P P P P P N N P P N N
Live-Work Facility N N N N N N N N N N N N
Manufactured Home P P P P N N N N P P N N
Mobile Home Park (3) M M M M M M N N N N N N
Residential Care Facility M M M M M M N N N N N N
Residential Care Home P P P P P P N N P P N N
Short-Term Rental (13) P P P P P P N P P P P P
Single-Room Occupancy
Facility N N N P P P N N N N N N
Supportive Housing P P P P P P N N N P N N
Transitional Housing P P P P P P N N N P N N
Low Barrier Navigation Center C C P P P P N N N P N N
Agriculture and Animal-Related Uses
Agricultural Uses (15) N N N N N N N N P N P P
Animal Keeping (4) M/P M/P M/P M/P M/P M/P N N N N N N
Equestrian Facility, Commercial M N N N N N N N M N M M Equestrian Facility, Hobby P N N N N N N N N N N N
Microscale Agriculture N N N N N P N N M N M M

Ordinance No. 1017 – Page 7 of 45

Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use M M M M M M C N N N P N
Cemetery/Mausoleum N N N N N N N N M N P N
Community Center/Civic Use M M M M M M P N N M P N
Community Garden P P P P P P N N P N P P
Convention Center N N N N N N C C N N N N
Golf Course/Clubhouse N N N N N N N N M N M M
Indoor Amusement/
Entertainment Facility N N N N N N C N N N N N
Indoor Fitness and Sports
Facility—Large N N N N N N C N N N N N
Indoor Fitness and Sports
Facility—Small N N N N N N M N N N N N
Library and Museum M M M M M M N N M M M M
Outdoor Commercial Recreation N N N N N N C N N N M N
Park and Public Plaza P P P P P P M M P P P P
Public Safety Facility M M M M M M C C N M P N
Resource- Related Recreation P P P P P P N N P P P P
School, Academic (Private) (16) M M M M M M C N N M M N School, Academic (Public) (16) P P P P P P P N N P M N
School, College/University
(Private) (16) M M M M M M C N N M M N
School, College/University
(Public) M M M M M M C N N C M N
Schools, Specialized Education
and Training/Studio N N N N N N C C N N M N
Theaters and Auditoriums N N N N N N N N N N M N
Tutoring Center—Large N N N N N N N N N N N N
Tutoring Center—Small N N N N N N N N N N N N
Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording
Studios N N N N N N P N N N N N
Park and Ride Facility N N N N N N P C N N N N
Parking Facility N N N N N N N N N N M N
Transit Facility N N N N N N C C N N M N
Utility Facility and
Infrastructure—Fixed Based
Structures (5, 11)

N N N N N N C C C N M M
Utility Facility and
Infrastructure—Pipelines (5) P P P P P P P P P P P P
Wind Energy System—Small (9) P N N N N N P P N N N N
Service and Office Uses
Adult Day Care Facility N N N N N C C N N N N N
Adult-Oriented Business (6) N N N N N N A A N N N N
Ambulance Service N N N N N N C P N N N N

Ordinance No. 1017 – Page 8 of 45

Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Animal Sales and Grooming N N N N N N N N N N N N
Bail Bonds N N N N N N N N N N N N
Banks and Financial Services N N N N N M P N N N N N
Bed and Breakfast Inn M M M N N N N N N N N N
Business Support Services N N N N N M P P N N N N
Call Center N N N N N N M C N N N N
Check Cashing Business (7) N N N N N N N N N N N N
Child Day Care Facility/Center
(16) N N N N N C P P N N C N
Commercial Cannabis Activity N N N N N N N N N N N N
Crematory Services (7) N N N N N N M N N N N N
Hotel N N N N N N N N N N N N
Kennel, Commercial N N N N N N C N N N N N
Maintenance and Repair, Small
Equipment N N N N N N P P N N N N
Massage Establishment (12) N N N N N N N N N N N N
Massage Establishment,
Ancillary (12) N N N N N N P N N N N N
Medical Services, Extended
Care N M M M M M P N N N N N
Medical Services, General N N N N N N P N N N N N
Medical Services, Hospitals (16) N N M M M M P N N N N N Mortuary/Funeral Home N N N N N N N N N N N N
Office, Business and
Professional N N N N N N P N N N N N
Office, Accessory N N N N N N P P N N N N
Pawnshop (7) N N N N N N N N N N N N
Personal Services N N N N N C P P N N N N
Shooting Range N N N N N N C N N N N N
Tattoo Shop (7) N N N N N N N N N N N N
Veterinary Facility M N N N N N P P N N N N
Retail and Restaurant Uses
Alcoholic Beverage Sales N N N N N C M N N N N N
Bar/Nightclub N N N N N N C N N N N N
Building Materials Sales and
Storage Yard N N N N N N M P N N N N
Consignment Store N N N N N N N N N N N N
Convenience Store N N N N N N M N N N N N
Drive-In and Drive -Through
Sales and Service (8) N N N N N N M N N N N N
Electric Vehicle Showroom w/
Indoor Sales N N N N N N P P N N N N
Electric Vehicle Showroom w/
Outdoor Sales N N N N N N P P N N N N

Ordinance No. 1017 – Page 9 of 45

Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Feed and Tack Store N N N N N N N N N N N N
Garden Center/Plant Nursery N N N N N N P P P N P P
Grocery Store/Supermarket N N N N N N N N N N N N
Gun Sales N N N N N N M N N N N N
Hookah Shop N N N N N N N N N N N N
Home Improvement Supply
Store N N N N N N P P N N N N
Liquor Store N N N N N N M N N N N N
Mobile Food Vehicle N N N N N M P P N N N N
Restaurant, No Liquor Service N N N N N M P P N N N N
Restaurant, Beer and Wine N N N N N C P C N N N N
Restaurant, Full Liquor Service N N N N N N M N N N N N Retail, Accessory N N N N N M M P N N N N
Retail, General N N N N N C M C N N N N
Retail, Warehouse Club N N N N N N N N N N N N
Secondhand Dealer N N N N N N N N N N N N
Smoke Shop (7) N N N N N N N N N N N N
Thrift Store (7) N N N N N N N N N N N N
Automobile and Vehicle Uses
Auto and Vehicle Sales and
Rental N N N N N N M N N N N N
Auto and Vehicle Sales, Auto
broker N N N N N N C N N N N N
Auto and Vehicle Sales,
Wholesale N N N N N N P N N N N N
Auto and Vehicle Storage (14) N N N N N N N N N N N N
Auto Parts Sales N N N N N N P N N N N N
Automobile Service Stations N N N N N N M N N N N N
Car Washing and Detailing N N N N N N N N N N N N
Electric Vehicle Repair and
Service N N N N N N P P N N N N
Recreational Vehicle Storage N N N N N N C C N N N N
Vehicle Services, Major N N N N N N P P N N N N
Vehicle Services, Minor N N N N N N P N N N N N
Industrial, Manufacturing, and Processing Uses (16)
Commercial
(Secondary/Accessory)-
Industrial

N N N N N N P P N N N N
Commercial (Repurposing) –
Industrial N N N N N N C C N N N N
E-Commerce Distribution
Distribution/ Fulfillment Center,
Small (11) N N N N N N P P N N N N
Equipment Sales and Rental N N N N N N C P N N N N
Distribution/ Fulfillment Center,
Large N N N N N N M M N N N N
Parcel Sorting Facilities N N N N N N N N N N N N

Ordinance No. 1017 – Page 10 of 45

Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Parcel Hub, Small (< 130,000
sq.ft.) N N N N N N N N N N N N
Parcel Hub, Large (>130,000
sq.ft.) N N N N N N N N N N N N
Lumber Yard N N N N N N N C N N N N
Maker Space/Accessory Maker
Space N N N N N M P P N N N N
Manufacturing, Custom (11) N N N N N N P N N N N N
Manufacturing, Green
Technology N N N N N N P P N N N N
Manufacturing, Light – Small (11) N N N N N N P P N N N N Manufacturing, Light – Large (11) N N N N N N M M N N N N Microbrewery N N N N N N P P N N N N
Printing and Publishing N N N N N N P N N N N N
Recycling Facility, Collection N N N N N N C C N N N N
Recycling Facility, Processing N N N N N N C C N N N N
Research and Development N N N N N N P P N N N N
Storage, Personal Storage
Facility N N N N N N C C N N N N
Storage Warehouse N N N N N N C C N N N N
Wholesale and Distribution -
Light (11) N N N N N N P P N N N N
Wholesale and Distribution -
Medium (11) N N N N N N C P N N N N

Table Notes:

1. Reserved.

2. See additional regulations for home occupations in Chapter 17.92.

3. See additional regulations for mobile homes in Chapter 17.96.

4. Permitted or requires Minor Use Permit. See regulations for animal keeping in Chapter 17.88.

5. Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit.

6. See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue.

7. See additional regulations for special regulated uses in Chapter 17.102.

8. See additional regulations for drive-in and drive-through facilities in Chapter 17.90.

9. Not permitted within 300 feet of residentially zoned property. See additional regulations for wind energy systems in Chapter 17.76.

10. See additional regulations for emergency shelters in Chapter 17.110.

11. Permitted in Industrial Park and General Industrial zoning districts when proposed in conjunction with “Commercial (Repurposing) — Industrial”.

12. Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18.

13. A short-term rental must be a single-family residence in zoning districts other than VL, L, and LM. See additional regulations for short-term rentals in Chapter 8.34.

14. Auto and vehicle storage is permitted as an on- or off-site accessory use to any manufacturing use upon issuance of a minor use permit. The minor use permit may also permit truck storage as an accessory use to manufacturing.

Ordinance No. 1017 – Page 11 of 45

15. See additional regulations for agricultural uses.

16. Minimum 1,000 feet from a use in an Industrial Zone that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week.

17.36.010(E)(10)(a)-(c) (Street Connectivity)

10. Street Connectivity. All new developments within single- family zones shall adhere to the following street connectivity standards:
a. New streets shall connect to adjacent developments where streets exist, as practicable;
b. Cul-de-sacs and dead-end roads shall be prohibited; and c. New developments with entry and exit gates shall be prohibited.

Ordinance No. 1017 – Page 12 of 45

EXHIBIT B
Amendments to Title 17, Article IV (Site Development Provisions), Chapters 17.42 (Accessory Structures) and 17.48 (Fences, Walls, and Screening)

Amended Table and Section:
• Table 17.42.040-1 (Development Standards for Accessory Structures) • 17.48.050(D)(1) (Requirements by Land Use Type, Form-Based Zones)

Table 17.42.040-1 (Development Standards for Accessory Structures) TABLE 17.42.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES Accessory Structure
(Type) Minimum Distance from Property Line or Other Structures Maximum Rear Yard Lot Coverage (1) Maximum Height

Front Yard,
outside of setback
area
Rear Side Street Side Yard Primary Building
Detached Solid Roof
Structures (i.e., garages,
sheds)11
Not permitted 5 ft (2) 5 ft (2) (3) (4) Not permitted (5) (1) (2) 30% required yard area (8) 16 ft
Other Structures
Open roof structure No minimum 5 ft 5 ft (3) Not permitted (1) (2) n/a (6) (8) 16 ft Open structures with a
solid roof (i.e., patio
cover, gazebo)12
No minimum 5 ft 5 ft (3) Not permitted (1) (2) n/a (6) (8) 16 ft Water features No minimum 3 ft 5 ft Not permitted No minimum n/a 16 ft Pools/spas Not permitted 5 ft (7) 5 ft (7) 5ft (7) No minimum n/a 5 ft Pool accessories Not permitted 5 ft 5 ft Not permitted No minimum n/a 8 ft Play equipment Not permitted 5 ft 5 ft Not permitted No minimum n/a n/a Deck/patio No minimum 5 ft 5 ft Not permitted No minimum 30% required yard area (10) n/a
Outdoor entertainment
features Not permitted 5 ft 5 ft Not permitted (9) No minimum n/a n/a Temporary, portable
shade structures Not permitted 5 ft 5 ft Not permitted (1) (2) 30% required yard area 10 ft
Table notes:
(1) No minimum setback required. Accessory buildings may be attached to and have a common wall with the main building or, when located as required by this chapter, may be connected to the main building by a breezeway. (2) Accessory buildings not exceeding six feet in height at the highest point may be built to the side and/or rear property line, provided that the accessory structure meets minimum building code requirements for distance between the accessory structure and the primary building. (3) The five-foot side yard setback requirement for solid and open roof structures applies when the structure is located within the rear yard setback area.

Otherwise, the same side yard setbacks as the primary structure apply (see Figure 17.42.040-2). (4) For reverse corner lots, the street side yard setback shall be the same as the front yard setback for the adjacent key lot. (5) Accessory structures with solid roofs that are less than six feet tall and 120 square feet in area can be located in the street side yard. (6) Trellis-type and open-roof structures are exempt from lot coverage calculations. (7) Measurement from water’s edge. Related equipment shall be set back a minimum of five feet from all side and rear property lines. (8) Accessory structure shall not exceed the overall lot coverage limitation for the property (see chapter 17.36). (9) If less than six feet in height, no minimum setback is required. If taller than six feet, not allowed in street side yard area. (10) Decks over three feet in height shall be counted toward lot coverage. (11) Structures shall not be located closer to the street than the main residence. (12) When located in front of the primary residence outside the front setback, building shall not occupy more than 50% of the lot width.

Ordinance No. 1017 – Page 13 of 45

17.48.050(D)(1) (Requirements by Land Use Type, Form-Based Zones)

1. Outdoor storage (including all dumpsters, commercial items, commercial construction, or industrial-related materials and equipment, including trucks and trailers, within form-based zones) shall be fenced or screened from view. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public rights -of-way, parks, public trails, and adjacent properties. Screening shall be visually compatible with the primary buildings and landscape on the property.

Ordinance No. 1017 – Page 14 of 45

EXHIBIT C
Amendments to Title 17, Article V (Specific Use Requirements)

Amended Chapter:
• Chapter 17.89 (Automobile Service Stations)

Chapter 17.89 (Automobile Service Stations)
Chapter 17.89 AUTOMOBILE SERVICE STATION

17.89.010 Purpose.

A. Purpose. The purpose of this chapter is to establish locational criteria, development standards and operational standards to regulate automobile service stations and associated ancillary uses in order to:

1. Limit the concentration of automobile service stations with separation, distance, and adjacency to sensitive uses requirements.

2. Promote and preserve the public health, safety, convenience, general welfare, and general prosperity of the community. It is the intent of this chapter that automobil e service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development, and redevelopment of the surrounding area as reflected in the General Plan.

3. Regulate automobile se rvice station development to ensure that the design and operation of such uses effectively mitigate associated impacts of traffic, congestion, excessive pavement, lighting, litter, hazardous materials, and noise.

4. Supplement the standards in the underlying zoning district for automobile service stations. In the event of a conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.

Automobile service stations shall also comply with all applicable State and Federal regulations regarding site design, pricing signs, containment, maintenance, and operations.

B. Applicability. The requirements of this chapter apply all new service station development. Whenever an applicant is required to obtain a building permit and/or approval of a development entitlement from the City, the applicant shall submit sufficient information for the approving authority to determine whether the proposed automobile service station will comply with the requirements of this chapter.

17.89.020 Development and Design Standards.

A. Location and Separation Requirements.

1. Separation Requirements: Automobile service stations, including ancillary uses, shall be separated from other automobile service stations by a minimum of 1,000 feet. Separation distance shall be measured in a straight line from the nearest property line of said automobile service stations.

2. N umber of Automobi le Service Stations per Intersection: A maximum of two automobile service stations are permitted at any single intersection.
a. Where two automobile service stations are located at a single intersection, the automobile service station shall be sited in such a manner as to serve different flows of traffic. b. When automobile service stations are located in multi-use commercial centers, the stations shall be located at the periphery in order to minimize internal traffic and pedestrian conflicts.

B. General Development Standards. New and reconstructed automobile service stations shall comply with the following development standards.

Ordinance No. 1017 – Page 15 of 45

1. Minimum Site Area: 40,000 square feet.

2. Maximum Lot Coverage: 40 percent of the total lot size, including the canopy. No more than 20 percen t of the total lot area shall be covered by a canopy.

3. Maximum Number of Driveways: No more than two driveways or means of access shall be provided to any one street or highway. No more than 35 percent of the street frontage shall be devoted to curb cuts. W ithin integrated developments, share access driveways are required.
a. Driveways shall not be located closer than 25 feet to the end of a curb corner or a common property line when adjacent to a residential zoning district. The Planning Director may consider deviations from this requirement due to demonstrated site constraints, subject to compliance with all other applicable development standards.

4. Pump Islands:
a. Pump islands shall be set back a minimum of 60 feet from an adjoining parcel which are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 50 feet within this distance.
b. Pump islands shall be set back a minimum of 25 feet from any nonresidential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 15 feet within this distance.
c. The pump island shall be situated to provide stacking space for a minimum of two vehicles behind the vehicle parked at the pump closest to any entrance and/or exit driveway. d. At least one pump station shall be accessible to oversize vehicles, including recreational vehicles.

5. Ancillary Equipment/Devices: Ancillary equipment/devices such as air compressors shall not be located in any required building setback area.

6. P arking Requirements: The automobile service station and any ancillary uses shall comply with all applicable standards of Chapter 17.64 (Parking and Loading Standards). Where conflict arises between sections, the requirements of this subsection shall take precedent.
a. A
utomobile Service Station: 2 spaces minimum. Spaces at the pump island do not satisfy this parking standard. Any additional, ancillary uses on the property shall also include the parking requirements listed below.
b. A
utomobile Service Station with a Convenience Store: 5 spaces per 1,000 square feet of gross floor of the convenience store. Up to 50 percent of the pump islands may be counted as parking spaces at a minimum ration of one space for each pump island.
c. A utomobile Service Station with Vehicle Service Bay : One space per service bay. d. Automobile Service Station with Restaurant and/or Car Wash: The parking requirement shall be determined by a parking demand study prepared by an independent pers traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. e. A minimum of one loading space and delivery vehicle stacking area shall be located and designed to avoid undue interference with the public use of streets and alleys, drive aisles, automobile parking spaces, or pedestrian paseos. See Chapter 17.76 (Parking and Loading Standards).

C. Alternative Fuel Stations.

1. A minimum of one alternative fuel stations shall be provided for every four petroleum -based fuel pumps. The alternative fuel stations can be an electric vehicle charging station, compressed natural gas (CNG), hydrogen, or other alternative fuel.
a. Existing automobile service stations shall add at least one alternative fuel station when proposing an expansion of the existing operation.

Ordinance No. 1017 – Page 16 of 45

2. A waiting/seating area shall be provided for customers charging an electric vehicle at a designated charging station.

D. Building Design and Orientation.

1. See Chapters 17.130 (Zone and Building Standards) and 17.132 (Building Entrances and Facades) for building design and orientation requirements.

E. Lighting.

1. See Chapter 17.58 (Outdoor Lighting Standards) for all applicable lighting standards.

F. Landscaping.

1. See Chapter 17.56 (Landscaping Standards) for all applicable landscaping standards.

17.89.030 Signs.

A. Freestanding and Monument Signs:

1. One freestanding sign or one monument sign is allowed on each street frontage. Maximum of three freestanding or monument signs combined per site.

B. Wall Signs:

1. One per building elevation, maximum. A wall sign is not permitted on an elevation which is facing an adjoining parcel that is used, zoned, or designated by the General Plan for residential uses.

2. Maximum wall size area shall be 20 square feet per applicable building elevation. All wall signs shall be individua l channel letters and either halo or internally illuminated.

C. Window Signage:

1. Window signs shall not exceed 10% of the area of each window. Individual window signs shall not exceed four inches in height and four square-feet in area. Window signs shall not be illuminated.

17.89.040 Operational Standards.

A. Location of Activities. All activities and operations shall be conducted entirely within the enclosed ancillary structure(s), except as follows:

1. The dispensing of fuel products from pump islands, vehicle charging, and air and water services, and display of propose tanks for sale.

2. Minor emergency repairs including, replacement of headlights, turn indicator bulbs or windshield wipers.

B. Site Maintenance. The site including all structures, landscaping, walls/fences, and signs shall be maintained in good repair, in a clean, neat and orderly condition. Driveways, parking, landscape, and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into drainage, gutter, or sewer systems.

C. T
rash Receptacles. Trash receptacles shall be located at the building entrance and at each pump island. The premises shall be kept free of the accumulation of litter or waste. Removal of waster or litter from the trash receptacles shall occur at a minimum or once each day the business is open.

D. T rash Enclosure. A trash enclosure, completely enclosed with a decorative masonry wall not less than six feet heigh with a solid metal self-enclosing gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles. An architecturally integrated trellis and landscaping shall be provided above the trash enclosure.

E. P
ublic Service Facilities. All automobile service stations shall:

Ordinance No. 1017 – Page 17 of 45

1. Provide rest rooms on- site, at no charge, for customer use during normal business hours. The restroom shall be continuously maintained in a clean and sanitary manner. Entrances to restroom facilities shall be located with a building.

2. Provide and maintain an air pump and radiator water hose for public use.

F. Noise. All outdoor noise generators associated with an automobile service station and any ancillary use(s) shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources.

1. Automobile service station and ancillary use noise (e.g., bells, loudspeakers, tools, video/audio pump stations, and sound signals, etc.) shall not be audible from residentially zoned or residentially occupied parcels between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays.

2. Automobile service station and ancillary use operations shall comply with all other applicable noise requirements of the Rancho Cucamonga Municipal Code.

G. Hazardous Materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automobile fluids shall be recycled or removed according to applicable state and federal standards.

H. Propane Tank Sales. Propane tank sale displays shall be located outside of any required setback area and shall be stored in a secure display. The City may require landscaping or other type of screening to conceal the propane tanks from public view.

I. Mechanical Equipment.

1. All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing and permitted repairs shall be enclosed entirely within a building.

2. All rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way.

3. All ground mounted gasoline vapor recovery units and venting pipes shall be partially enclosed with a six foot high decorative solid screen wall and landscaping and shall not b e located in any required setback area. The City may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

J. Ancillary Uses. Ancillary uses related to automobile service stations shall not operate 24 hours a day.

1. Convenience Store.
a. Outdoor display of merchandise shall be prohibited unless a temporary use permit is obtained pursuant to Chapter 17.104 (Temporary Use).
b. Alcohol sales related to ancillary uses of automobile service stations located within overconcentrated census tracts shall not be allowed.

2. Car Wash.
a. Applicants shall provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. b. Applicants shall provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense.

3. Vehicle Repair Shop.
a. Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights- of-way and properties.
b. Service bay doors shall not directly face an existing residential development or residential zone. c. Vehicle repair shops shall be limited to battery and ignition services, tire repair and sales, and other accessory sales and services for automobiles; but shall exclude major automobile repairs, tire recapping, steam cleaning, painting, body and fender work, engine overhaul, and other work of a similar nature.

Ordinance No. 1017 – Page 18 of 45

4. Restaurants.
a. Drive-through restaurants shall be prohibited.

K. Discontinuation of an Automobile Service Station Use or Structure.

1. An automobile service station use that has been legally established and conforms to all standards of Title 17 shall not be re-established if such use has been discontinued for a continuous period of 12 months or more.

L. Legal Nonconforming.

1. Any automobile service station that is lawfully operating in the City and does not conform to the provisions of this chapter, but which were legally established prior to the date this section was adopted, shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile service stations and ancillary uses on said automo bile service station site shall be subject to Chapter 17.62 (Nonconforming Uses, Structures, and Lots).
a. Modifications to Existing Automobile Service Stations or Ancillary Uses. Automobile service station uses and structures related thereto shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provisions of this Chapter. If conformity with standards adopted pursuant to this Chapter causes hardship due to existing configuration of on-site buildings or structures, a Variance may be applied for, pursuant to Section

17.20.030 (Variance).

Ordinance No. 1017 – Page 19 of 45

EXHIBIT D
Amendments to Title 17, Article V (Specific Use Regulations), Chapter 17.102 (Special Regulated Uses), Section 17.102.040 (Smoke Shops)

Amended Sections:
• Sections 17.102.040(B)-(F) (Smoke Shops, Location, Measurement of D istance, Signage, Merchandise, Nonconforming Smoke Shops)

Section 17.102.040(B)-( F) (Smoke Shops, Location, Measurement of D istance, Signage, Merchandise, Nonconforming Smoke Shops)
B. Location. Smoke shops shall not be located closer than 1,000 feet from another smoke shop and no closer than 1,000 feet from a public school, park, community center, or library. (Code 1980, § 17.102.040; Ord. No. 855, § 4, 2012) C. Measurement of distance. The distance between a smoke shop and a sensitive use or another smoke shop shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the smoke shop is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another smoke shop occurs or located.

D. Signage. Smoke shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop to fail to display and maintain, or fail to display and maintain such signage.

E. Merchandise. Tobacco products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

1. The area dedicated for the sale of tobacco paraphernalia shall not exceed five percent of gross floor area.

F. Nonconforming smoke shops. Smoke shops that do not comply with the provisions of Section 17.102.040, but which were legally established on the date this Section was adopted, shall acquire the status of a legally nonconforming use and shall be allowed to remain in existence subject to the provisions of this section and Chapter 17.62 (Nonconforming Uses, Structures, and Lots).

Ordinance No. 1017 – Page 20 of 45

EXHIBIT E
Amendments to Title 17, Article V (Specific Use Regulations), Chapter 17.106 (Wireless Telecommunication Facilities), Section 17.106.040 (Development Criteria)

Amended Sections and Table:
• Section 17.106.040(A)(4)(e) (Development Criteria, Screening and Site Selection Guidelines) • Section 17.106.040(D) (Development Criteria)
• Table 17.106.040-1 (Height Standards in Form-Based Zoning Districts)

Section 17.106.040(A)(4)(e) (Screening and site selection guidelines) e. In form-based zones.

Section 17.106.040(D) (Development Criteria)
D. In addition to the development criteria set forth in subsections A, B, and C, the following height restrictions shall apply to all wireless facilities located within form-based zoning districts.

Table 17.106.040-1 (Height Standards in Form-Based Zoning Districts) TABLE 17.106.040-1 HEIGHT STANDARDS IN FORM-BASED ZONING DISTRICTS NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2
Max.

Height 30 ft. 30 ft. 45 ft. 52 ft. 42 ft. 42 ft. 51 ft. 51 ft.

Ordinance No. 1017 – Page 21 of 45

EXHIBIT F
Amendments to Title 17, Article VIII (Form-Based Code), Chapter 17.128 (Form-Based Zones), Section

17.128.020 (Overview of Form-Based Zones)

Amended Table:
• Table 17.128.020-1 (Summary Table of Form-Based Zones)

Table 17.128.020-1 (Summary Table of Form-Based Zones)

TABLE 17.128.020-1 SUMMARY TABLE OF FORM-BASED ZONES
Zone Neighborhood
Estate 2 (NE2)
Neighborhood
General 3 (NG3) Center 1 (CE1) Mixed Employment
1 (ME1)

Subzone

None
Neighborhood General
3 Limited (NG3L) (limits
non-residential uses)

None

None

Desired
Form
Large frontage area/
build-to lines
Small to medium
frontage area/
build-to lines
Small frontage area/
build-to lines
Small to large frontage
area/build-to lines
Heights up to 3 stories Heights up to 3 stories Heights up to 4 stories Heights up to 5 stories

Interconnected street
network, low intensity
development

House-scale buildings,
low intensity
development

Compact and connected
environment, medium
intensity development
Moderate
intensity mixed-
use development,
transitions in scale to
adjacent neighborhoods

General Use

Single-family
residential, some
context appropriate
neighborhood
serving commercial
or civic uses.

Medium density
residential mixed-use
with ground floor
commercial and retail
activity with a mix of
uses on upper stories.

Subzone: Medium
density residential,
allows neighborhood
serving commercial
and limited auto-
oriented uses

Commercial and
retail mixed-use
buildings with a mix of
residential and non-
residential uses on
upper stories. Medium
density residential and
moderate intensity
neighborhood-serving
commercial uses.

Professional office
employment with a
mix of supporting
uses. Some auto-
oriented uses if the
scale and character
is appropriate.

General
Plan
Designation

Traditional
Neighborhood
Neighborhood Corridor
Neighborhood
Center (Subzone)

Traditional Town Center

Office Employment
District

Ordinance No. 1017 – Page 22 of 45

TABLE 17.128.020-1 SUMMARY TABLE OF FORM-BASED ZONES (CONT.) Zone Mixed Employment
2 (ME2) Corridor 1 (CO1) Corridor 2 (CO2) Center 2 (CE2)

Subzone

None

None

None
Center 2 Limited
(CE2L) (limits non-
residential uses)

Desired
Form
Small frontage area/
build-to lines
Small frontage area/
build-to lines
Small frontage area/
build-to lines
Small frontage area/
build-to lines
Heights up to
5 stories Heights up to 5 stories Heights up to 7 stories Heights up to 12 stories Walkable
environment,
maker spaces,
moderate intensity
development, block-
scale building
Transitional
environment, mixed-
use and block-scale
buildings, moderate
intensity development

Walkable environment,
block-scale buildings,
moderate to high
intensity development

Walkable environment,
block-scale buildings, high
intensity development

General Use

Professional
office, business,
service, and
creative industrial
uses in proximity
to walkable,
urban areas.

Moderate density
residential with a
mix of commercial
and retail activity at
key intersections.

Medium to high
intensity uses act to
transition to lower
intensity suburban
neighborhoods
adjacent to the
corridor.

High density residential
with a mix of commercial
and retail activity at key
nodes. Higher density and
intensity uses transition to
lower intensity urban areas
nearby such as moderately
scaled mixed use, multi -
family, and employment
districts and centers.

Ground floor commercial
and retail activity with a
mix of commercial and
residential uses on upper
stories. High density
residential and civic uses.

Subzone: Predominately
moderate and high
density residential uses
in proximity to walkable,
urban areas with a
focus on residential
serving retail uses.

General
Plan
Designation

21st Century
Employment District

City Corridor
Moderate

City Corridor High
City Center
Urban Neighborhood
(subzone)

Ordinance No. 1017 – Page 23 of 45

EXHIBIT G
Amendments to Title 17, Article VIII (Form-Based Code), Chapter 17.130 (Zone and Building Standards)

Amended Sections and Tables:
• Section 17.130.030(J)(1)-(2) (Applicable to All Zones, Interior Side and Rear Façade) • Section 17.130.030(J)(3) (Applicable to All Zones, Interior Side and Rear Façade) • Section 17.130.030(L)(1)-(2) (Applicable to All Zones, Vertical Articulation) • Section 17.130.030(L)(3)(a)-(d) (Vertical Articulation) • Table 17.130.050-1 (Required Build-to-Line, Height, and Frontage Area) • Table 17.130.060-1 (Allowed Building Types by Zone)
• 17.130.060(K) (Building Type Standards, Large House)

Section 17.130.030(J)(1)-(2) (Applicable to All Zones, Interior Side and Rear Façade)

J.

Interior Side and Rear Facade.

1. When abutting a multi-family or mixed-use zone with a lower maximum allowed density or height, the third story and above must be stepped back a minimum 20 feet from the property line or a minimum six feet from the ground floor side or rear facade, whichever is greater.

2. When abutting a single -family residential zone, the third and fourth stories must be stepped back a minimum 30 feet from the property line or a minimum eight feet from the ground floor side or rear facade, whichever is greater (see diagram).

Section 17.130.030(J)(3) (Applicable to All Zones, Interior Side and Rear Façade)

3. When abutting a single -family residential zone, the fifth story and above must be stepped back an additional eight feet from the fourth story.

Ordinance No. 1017 – Page 24 of 45

Section 17.130.030(L)(1)-(2) (Applicable to All Zones, Vertical Articulation)

L. Vertical Articulation.

1. Building façades up to 75 feet in length along a right -of-way must incorporate at least one of the following on all upper stories.
a. Window bays a minimum 30 inches in depth from building facade; b. Recesses a minimum three feet in depth from building facade; or c. Balconies.

Ordinance No. 1017 – Page 25 of 45

2. When a building facade exceeds 75 feet in length along a right -of-way, all upper stories must be separated into facade bays no greater than 50 feet in width defined by a recess a minimum of three feet in depth and at least one of the following strategies a. Change in roof parapet height or shape;
b. Change in roof form; or
c. Change in building height with a minimum of eight -foot difference

Section 17.130.030(L)(3)(a)-(d) (Applicable to All Zones, Vertical Articulation)

3. When a building facade exceeds 400 feet in length along a right -of-way, the building must incorporate a vertical break a minimum 60 feet wide and 40 feet deep. The resulting spac e must:
a. Be closed to vehicular circulation;
b. Be improved with pedestrian amenities and a combination of landscaping and paving that serves as an extension of the abutting sidewalk;
c. Provide a minimum 100 square feet that is protected from the elements; and

Ordinance No. 1017 – Page 26 of 45

d. Remain accessible and open to the public.

Table 17.130.050-1 (Required Build-to-Line, Height, and Frontage Area)

TABLE 17.130.050-1 REQUIRED BUILD-TO-LINE, HEIGHT, AND FRONTAGE AREA Standard1
Form-Based Zones
NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2
DENSITY AND INTENSITY (MAX.) 4

Dwelling Units per Acre (Du/ac) (min./max.)

0/8

0/24

0/30

18/30

24/42

24/42

36/60
40/100
20/50 in
subzone

Floor Area Ratio (FAR) (min./max.)2

0/0.4

0.4/0.6

0.2/0.4 in
subzone

0.2/0.6

0.4/1.0

0.4/1.0

0.4/1.0

0.6/1.5

1.0/2.0

0.2/0.4 in
subzone

BUILD-TO-LINES
A Primary Build-to Line (max./min.) 40 ft./NA 5 ft./15 ft. 0 ft./10 ft. 5 ft./20 ft. 5 ft./15 ft. 0 ft./15 ft. 0 ft./15 ft. 0 ft./10 ft.

B Secondary Build-to Line (max./min.) 30 ft/NA 5 ft./15 ft. 0 ft./10 ft. 5 ft./20 ft. 5 ft./15 ft. 0 ft./15 ft. 0 ft./15 ft. 0 ft./10 ft.

BUILDING PLACEMENT WITHIN PRIVATE FRONTAGE AREAS
—
C x 100 Min. Built Percentage of
D Primary Frontage Width
NA 65% of
primary
frontage
width
80% of
primary
frontage
width
70% of
primary
frontage
width
75% of
primary
frontage
width
80% of
primary
frontage
width
85% of
primary
frontage
width
90% of
primary
frontage
width
—
E x 100 Min. Built Percentage of
F Secondary Frontage Width
NA 30% of
secondary
frontage
width
30% of
secondary
frontage
width
30% of
secondary
frontage
width
30% of
secondary
frontage
width
30% of
secondary
frontage
width
30% of
secondary
frontage
width
40% of
secondary
frontage
width

Ordinance No. 1017 – Page 27 of 45

TABLE 17.130.050-1 REQUIRED BUILD-TO-LINE, HEIGHT, AND FRONTAGE AREA Standard1
Form-Based Zones
NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2
HEIGHT
G Ground Floor Residential Use (min.) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

G Ground Floor Non-Residential Use (min.) 12 ft. 12 ft. 15 ft. 12 ft. 12 ft. 15 ft. 15 ft. 15 ft.

H
Upper Floor Non-residential
Height (min.) 9 ft. 9 ft. 10 ft. 10 ft. 10 ft. 9 ft. 9 ft. 9 ft.

I Residential Finish Floor Elevation above
Grade at Max. Build-to Line (min.)
0 in.
36 in. max.
30 in. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in.

I
Non-residential Finish Floor Elevation
above Grade at Max. Build-to Line (max.) 18 in. 18 in. 18 in. 12 in. 12 in. 12” in. 12 in. 12 in.

J Total Stories (max.)3 3 stories 3 stories 4 stories 5 stories 4 stories 4 stories 5 stories no maximum
If located within a community activity
node, fronting Foothill Blvd or Haven
Ave, or as approved consistent with
chapter 17.138 (Large Site Development)
5 stories 5 stories 7 stories

PARKING SETBACKS (MIN.)
Surface Parking, Front, or Street Side if
located on a Transit Priority Street
K
25 ft. from
building
facade
30 ft. 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. 50 ft.

Surface Parking, Street Side (if not located
on a Transit Priority Street)
L
25 ft. from
building
facade
10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Notes:

1. The maximums allowed by zone may not be attainable due to limitations from other standards (e.g., building and design standards) or unique site characteristics, such as lot size, trees, waterways, and steep slopes.

2. FAR applies to non -residential portion of the development only, including non -residential portions of mixed-use development.

3. Maximum height in feet determined by building type, see Section 17.130.060. For properties within the Ontario Airport Land Use Compatibility Plan (OALCP), the maximum height is established in the OALCP. The OALCP standard supersedes the maximum height allowed in this Article.

Density and FAR are calculated individually. When there are multiple development sites on a single property, individual development sites may deviate from minimum or maximum standards so long as the total site average FAR and Du/AC are within established limits.

Table 17.130.060-1 (Allowed Building Types by Zone)

TABLE 17.130.060-1 ALLOWED BUILDING TYPES BY ZONE
Form-Based Zones
Building Type Section NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2
Fourplex 17.130.060.A

Attached Flex 17.130.060.B
Main Street 17.130.060.C X

Rowhouse 17.130.060.D

Courtyard Building 17.130.060.E

Multiplex 17.130.060.F

Mid-Rise Building 17.130.060.G

Ordinance No. 1017 – Page 28 of 45

High-Rise Building 17.130.060.H

Estate 17.130.060.I
Extra Large House 17.130.060.J
Large House 17.130.060.K X

Building Type Allowed

17.130.060(K) (Building Type Standards, Large House)

K. Large House
The standards of this section apply to the Large House Building Type.

Ordinance No. 1017 – Page 29 of 45

A. Site Organization / Massing

1. Garages are Secondary Buildings, and may face any direction.

2. Utility connections should be located in a rear lane or drainage easement and placed underground.

B. Open Space

1. Yard area is required for outdoor living, dining
and play.

C. Access

1. The primary entrance shall be located in the front.

2. Vehicular access to garages may be via a rear lane or driveway from the street.

3. Port cochères are permitted.

Ordinance No. 1017 – Page 30 of 45

EXHIBIT H
Amendments to Title 17, Article VIII (Form-Based Code), Chapter 17.132 (Building Entrances and Facades), Section 17.132.030 (Applicable to All)

Amended Table:

• Table 17.132.030-1 (Allowed Building Entrance and Façade Types by Zone)

Table 17 .13 2.030-1 (Allowed Building Entrance and Façade Types by Zone)

TABLE 17.132.030-1 ALLOWED BUILDING ENTRANCE AND FACADE TYPES BY ZONE

Form-Based Zones
Building Entrance
and Facade Type

Section

Neighb.

Estate 2
Neighb.

General 3
Zone (NG3)

Center 1
Zone (CE1)
Mixed
Employment
1 Zone (ME1)
Mixed
Employment
2 Zone (ME2)

Corridor 1
Zone (CO1)

Corridor 2
Zone (CO2)

Center 2
Zone (CE2)

Small Front Yard and
Porch, Stoop Variations

17.132.040

Shopfront and Gallery,
Arcade, Terrace, and
Recessed Variations

17.132.050

X

Forecourt

17.132.060

Building Entrance and Facade Type Allowed

Ordinance No. 1017 – Page 31 of 45

EXHIBIT I
Amendments to Title 17, Article VIII (Form-Based Code), Chapter 17.136 (Land Use Standards), Section 17.136.020 (Allowed Land Uses)

Amended Table:

• Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones)

Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones)

TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES

Land Use
Form-Based Zone
NE-2 NG3L NG3 CE1 ME1 ME2 CO1 CO2 CE2L CE2
Residential Uses
Accessory Dwelling Unit P P P P P P P P P P
Adult Day Care Home M M M M M M M M P P
Caretaker Housing P P C C P P C C P P
Dwelling, Multi-Family 1 N P P P P P P P P P
Dwelling, Single-Family P N N N N N N N N N
Dwelling, Two-Family P P P P N N N N N N
Emergency Shelter N N N C P P P N N N
Family Day Care Home P P P P P P P P P P
Group Residential N P C C N C P P P P
Home Occupation 2 P P P P P P P P P P
Live-Work Facility N P P P P P P P P P
Residential Care Facility N P P P P P P P P P
Residential Care Home P P P P P P P P P P
Single-Room Occupancy Facility N N N N N N N P P P
Supportive Housing P P P P P P P P P P
Transitional Housing P P P P P P P P P P
Low Barrier Navigation Center N P P P P P P P P P
Agricultural and Animal-Related Uses
Animal Keeping 3 M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P Microscale Agriculture N N M M M M M M M M
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use N M M M M M M M M M
Community Center/Civic Use N N M M M M M M M M
Community Garden P P P N N N N N N N

Ordinance No. 1017 – Page 32 of 45

Convention Center N N N M M M M M N M
Indoor Amusement/
Entertainment Facility N N N P M M P P M P
Indoor Fitness and Sports Facility—
Large N M C M M M M M M M
Indoor Fitness and Sports Facility—
Small N P P M P P P P P P
Library and Museum N P P P P P P P P P

Land Use
Form-Based Zone
NE-2 NG3L NG3 CE1 ME1 ME2 CO1 CO2 CE2L CE2
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses (cont.) Outdoor Commercial Recreation N C M M M M M M C C
Park and Public Plaza P P P P P P P P P P
Public Safety Facility M M M M M M M M M M
School, Academic (Private) M M M M M M M M M M
School, Academic (Public) P P P P P P P P P P
School, College/University (Private) N M M M M M M M M M School, College/University (Public) N M M M M M M M M M Schools, Specialized Education
and Training/Studio N M M M M M M M M M
Theaters and Auditoriums N N N N M M M P M P
Tutoring Center—Large N N M M M M M M M M
Tutoring Center—Small N P P P P P P P P P
Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N P P P P M M
Park and Ride Facility N N N N M M M N N N
Parking Facility N N C C C C C C N N
Transit Facility N N N N C C C C C C
Utility Facility and Infrastructure —
Pipelines 4

P P P P P P P P P P
Service and Office Uses
Adult Day Care Facility N M M N M M M N M M
Ambulance Service N M M M M M M N N N
Animal Sales and Grooming N P P P P P P P P P
Banks and Financial Services N P P P P P P P P P
Business Support Services N P P P P P P P P P
Check Cashing Business 5 N N N N P P P P N N

Ordinance No. 1017 – Page 33 of 45

Child Day Care Facility/Center N M M P M M M M M P
Hotel N N N M M M M M M M
Kennel, Commercial N N N N N N M M N N

Land Use
Form-Based Zone
NE-2 NG3L NG3 CE1 ME1 ME2 CO1 CO2 CE2L CE2
Service and Office Uses (cont.)
Maintenance and Repair,
Small Equipment N N N N N P P P N N
Massage Establishment 7 N P P P P P P P P P
Massage Establishment, Ancillary 7 N P P P P P P P P P
Medical Services, Extended Care N N N N P P P M M M
Medical Services, General N P P P P P P P P P
Medical Services, Hospitals N N N C C C M M C C
Mortuary/Funeral Home N N M N M M M N N N
Office, Business and Professional N P P P P P P P P P
Office, Accessory N P P P P P P P P P
Pawnshop 5 N N N N N N M M N N
Personal Services M P P P P P P P P P
Tattoo Shop 5 N N N N N N M M M M
Veterinary Facility N P P M M M P M M M
Retail Uses
Alcoholic Beverage Sales N C M M M M M M M M
Bar/Nightclub N C M M M M M M C M
Consignment Store N M M M M M M M M M
Convenience Store N P P P P P P P N P
Drive-In and Drive-Through
Sales and Service 6
N C C N N N C8 C8 N N
EV Showroom and Indoor Sales N C C P M M P P P P
EV Showroom and Outdoor Sales N N N C C P P P C P
Feed and Tack Store N N P N N N N N N N
Garden Center/Plant Nursery N C P P P P P P C P
Grocery Store/Supermarket M P P P P P P P P P
Hookah Shop N N N N N N M M M M
Home Improvement Supply Store N C P P P P P P P P

Ordinance No. 1017 – Page 34 of 45

Liquor Store N M M M M M M M M M
Mobile Food Vehicles N P P P P P P P P P

Retail Uses (cont.)
Restaurant, No Liquor Service M P P P P P P P P P
Restaurant, Beer and Wine M P P P P P P P P P
Restaurant, Full Liquor Service C M M M M M M M M M
Retail, Accessory P P P P P P P P P P
Retail, General M P P P P P P P P P
Retail, Warehouse Club N N N N N P P P N N
Secondhand Dealer N P P N N N P N P P
Smoke Shop 5 N N N N N N M M M M
Thrift Store 5 N P P P P P P P N P
Automobile and Vehicle Uses
Auto Parts Sales N C N N N N C C N N
Automobile Service Stations N C N N C C C C N N
Car Washing and Detailing N C N N N C C N N N
Vehicle Services, Minor N M M N M M N N N N
Industrial, Manufacturing, and Processing Uses 9
Maker Space/Accessory Maker Space N N N N M P M M N N
Manufacturing, Custom N N N N C P N N N N
Manufacturing, Food Processing N N N N N C N N N N
Manufacturing, Green Technology N N N N C P N N N N
Manufacturing, Light - Small N N N N M P N N N N
Manufacturing, Light - Large N N N N N C N N N N
Microbrewery N N N M M M M M N N
Printing and Publishing N N N N N C N N N N
Research and Development N N N N P P N N N N
Notes
1 See additional regulations for ground floor uses in section 17.130.040. 2 See additional regulations for home occupations in chapter 17.92. 3 See additional regulations for animal keeping in chapter 17.88. 4 Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval
of a conditional use permit.