Agenda packet — Rancho Cucamonga City Council, April 5, 2023 (part 2 of 3)

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https://netorgft10653873-my.sharepoint.com/personal/aforth_forthgeomatics_com/Documents/Documents/PROJECTS/2023-007_Spectrum Jan 31, 2023/DRAFTING/PLAT AND LEGALS/TD2016715-CITY OF RANCHO CUCAMONGA_LEGAL.docx

FEBRUARY 2, 2023
JOB NO. 2023-007
REF. NO. TD2016715

EXHIBIT A

DESCRIPTION

SCE EASEMENT

REAL PROPERTY SITUATE IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF LOT 1 AS SHOWN ON THAT TRACT MAP NO. 12809, FILED FOR RECORD ON OCTOBER 15, 1984, IN BOOK 175, PAGES 1 THROUGH 3 OF

MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:

STRIP 1

A 6 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF SPRUCE AVENUE AND BASE LINE ROAD AS SHOWN ON THAT TRACT MAP NO. 12319-1, FILED FOR RECORD ON AUGUST 23, 1985, IN BOOK 182, PAGES 15 THROUGH 18 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY;

THENCE, FROM SAID POINT OF COMMENCEMENT ALONG THE CENTERLINE OF SAID BASE LINE ROAD SOUTH 89°55’42” EAST 32.00 FEET;

THENCE, LEAVING SAID CENTERLINE NORTH 00°04’18” EAST 40.00 FEET TO THE

NORTHERLY LINE OF SAID BASE LINE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING;

THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHERLY LINE NORTH 00°04’18” EAST 23.49 FEET;

THENCE, NORTH 47°27’45” EAST 16.57 FEET;

THENCE, NORTH 00°05’34” WEST 18.62 FEET TO A POINT OF TERMINATION, SAID POINT REFERRED TO AS POINT ‘A’ HEREON;

THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE AT THE SOUTHERLY LINE OF STRIP 2, DESCRIBED HEREIN.

CONTAINING 352 SQUARE FEET OF LAND, MORE OR LESS.

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STRIP 2

AN 18 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH BEARS WEST 0.76 FEET FROM THE AFOREMENTIONED POINT ‘A’;

THENCE, FROM SAID POINT OF BEGINNING NORTH 14.00 FEET TO A POINT OF TERMINATION;

CONTAINING 252 SQUARE FEET OF LAND, MORE OR LESS.

ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

ADAM L. FORTH, P.L.S.

L.S. NO. 9570

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BASE LINE ROAD
TRACT NO. 12809MB 175/1-31

SPRUCE AVENUE
SHEETOF11
DATE:SCALE:JOB #:EXHIBIT 'B'FEB. 2, 2023 1" = 20' 2023-007REF #:TD2016715FORTH GEOMATICSGRANITE BAY, CAwww.forthgeomatics.com (916) 800-9358 PORTION OF LOT 1TRACT NO. 12809BOOK 175, PAGES 1-3 OF MAPSCITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LEGEND

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ATTACHMENT 2

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DATE:April 5, 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 Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration to Order the Annexation to Landscape Maintenance District 1 and Release of Real Property Improvement Contract and Lien Agreement, Document No. 92-317285 Related to Case No. DRC2022- 00065, Located on the West Side of Sycamore Court and South of Wilson Avenue, 5770 Sycamore Court, APN: 0201-182-34. This Item is Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Exemption under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023-032) (RESOLUTION NO. 2023-033) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the attached resolution ordering the annexation into Landscape Maintenance District No. 1; and

2. Approve the attached resolution releasing the Real Property Improvement Contract and Lien Agreement for document no. 92-317285 and authorize the Mayor and the City Clerk to sign said resolution and allow its recordation.

BACKGROUND:

Case No. DRC2022-00065 was approved by the Planning Department on July 6, 2022, for the construction of a 3,329 square foot two-story single-family residence located on the west side of Sycamore Court and south of Wilson Avenue, at 5770 Sycamore Court, parcel 2 of Parcel Map 13692. The project was approved subject to conditions that the property be annexed into the Landscape Maintenance District 1 and a release of the Real Property Improvement Contract and Lien Agreement (Lien Agreement) recorded against the property be removed.

ANALYSIS:

The owner, Stapp Family Trust 02/24/03 submitted the Consent and Waiver to Annexation Form for Landscape Maintenance District 1. A copy of this form is on file with the City Clerk’s Office.

Additionally, the Lien Agreement recorded on July 30, 1992, as document number 92-317285 per Resolution No. 92-102 for Steven R. Luna and Monica A. Luna was submitted precedent to the recordation of Parcel Map 13692. The Lien Agreement was to guarantee the installation and completion of the frontage improvements at a later date as determined by the City along Parcel “A” (previously located at the northeast corner of the project area) to provide future public access

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to Parcel 2 of Parcel Map 13692. Parcel 2 was granted an access easement through the property to the east, 5780 Sycamore Court, therefore, no longer requiring the frontage improvements along Parcel “A” as described in the Lien Agreement. On February 18, 2004, the City processed Resolution No. 04-027 summarily ordering the vacation of the irrevocable offer of Parcel “A” of Parcel Map 13692, an offer of dedication for future public access to Parcel 2. The vacation was recorded on March 15, 2004, as document number 2004-0176579.

ENVIRONMENTAL ANALYSIS:

On July 6, 2022, the Planning Department staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as the project qualifies as a Class 3 exemption under CEQA Section 15303 – New Construction or Conversion of Small Structures.

FISCAL IMPACT:

The proposed annexation would supply additional annual revenue into the Landscape Maintenance District 1 in the following amount:

Landscape Maintenance District 1: $92.21
Further, the development will construct no new street trees that will need to be maintained by the City.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

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

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD 1
Attachment 3 - Resolution Release of Lien Agreement

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ATTACHMENT 1
ATTACHMENT 1
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Vicinity Map
DRC2022-00065

NOT TO SCALE
Project Site

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. DRC2022-00065
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

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Resolution No. 20XX-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 20XX.

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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:

STAPP FAMILY TRUST 02/24/03
The legal description of the Property is:

PARCEL MAP 13692 PARCEL 2 BOOK 167 PAGE 94
Assessor’s Parcels Numbers of the Property:
0201-182-34

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Resolution No. 20XX-XXX – Page 4 of 5
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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. DRC2022-00065:

NONE.

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Resolution No. 20XX-XXX – Page 5 of 5
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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 Case No. DRC2022-00065:

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:
1 Parcel x 1.00 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment

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ATTACHMENT 3
Resolution No. 23-XXXX– Page 1 of 1
ATTACHMENT 3
3 3
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RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RELEASING REAL PROPERTY

IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR DOCUMENT
NO. 92-317285, LOCATED AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP 13693, APN: 0201-182-34
WHEREAS, the City Council of the City of Rancho Cucamonga, adopted Resolution No. 92-102 accepting a Real Property Improvement Contract and Lien Agreement for future public improvements located at the northeast corner of Parcel 2 of Parcel Map 13693; and

WHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded in the Official Records of San Bernardino County, California, on July 30, 1992, as Document No. 92-317285; and WHEREAS, the City Council approved Resolution No. 04-207 summarily ordering the vacation of the irrevocable offer of Parcel “A” of Parcel Map 13692, on offer of dedication for future public access to Parcel 2, recorded on March 15, 2004 as Document No. 2004-0176579; and WHEREAS, the public improvements required under the Lien Agreement are no longer conditioned for approval and said Real Property Improvement Contract and Lien Agreement is no longer required; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, and releases said Real Property Improvement Contract and Lien Agreement, Document No. 92-317285, 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 2023.

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DATE:April 5, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Erika Lewis-Huntley, Management Analyst III
SUBJECT: Consideration of a Resolution Authorizing the City to Enter into Settlement Agreements with CVS, Allergan, Teva, Walmart, and Walgreens, Agree to the Terms of the Related State-Subdivision Agreements, and Authorizing Entry into the Related State-Subdivision Agreements with the Attorney General. (RESOLUTION NO. 2023-034) (CITY)
RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2023-034, and authorize the City Manager to sign agreements, authorize direct receipt of all settlement funds, and take any other necessary or appropriate actions to implement the settlements.

BACKGROUND:

In 2021, nationwide settlements were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors—McKesson, Cardinal Health, and AmerisourceBergen (collectively, the “Distributors”)—and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). These “2021 National Settlements” were finalized in court judgments in April and May 2022, and payments have already begun. In all, the Distributors will pay up to $21 billion over 18 years, and J&J will pay up to an additional $5 billion over nine years. The City Council approved the Distributors and J&J Settlements by Resolution 2021-135 adopted on December 15, 2021, and elected direct payment of approximately $1.3 million in settlement funds over the next 15+ years for the specified uses related to opioid response, treatment, and prevention.

In late 2022, additional agreements were announced with three pharmacy chains—CVS, Walgreens, and Walmart—and two additional manufacturers—Allergan and Teva. In January 2023, each of those pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements to move forward.

ANALYSIS:

As with the 2021 National Settlements, states and local governments that want to participate in the 2022 National Settlements now have the opportunity to “opt in.” The greater the level of subdivision participation, the more funds will ultimately be paid out for abatement. Assuming maximum participation, the 2022 National Settlements require:

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•Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect;
•Allergan to pay up to $2.02 billion over 7 years;
•CVS to pay up to $4.90 billion over 10 years;
•Walgreens to pay up to $5.52 billion over 15 years; and •Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years.

These figures include amounts attributable to prior settlements between the Defendants and certain states/subdivisions and amounts for attorneys’ fees and costs.

Under both the 2021 and 2022 National Settlements, at least 85% of the funds going directly to participating states and subdivisions must be used for abatement of the opioid epidemic, with the overwhelming bulk of the proceeds restricted to funding future abatement efforts by state and local governments.

California and its cities and counties stand to receive up to $1.8 billion in the 2022 National Settlement for substance use prevention, harm reduction, treatment, and recovery. Payment timeframes vary by settlement and can last up to 15 years. Based on the allocation formula for cities, it is anticipated that the City of Rancho Cucamonga will receive an estimated $1,054,775 over the term of the settlement. Actual settlement amounts to be paid depend on the level of participation by eligible states and subdivisions, so the final amount may vary from this estimate.

Participating states and subdivisions will receive abatement proceeds through annual payments continuing over a period of years.

In addition to providing billions of dollars for abatement of the effects of the opioid epidemic in communities across the nation, the settlements also impose changes in the way the settling defendants conduct their business. For example:
•The Distributors will create a groundbreaking clearinghouse through which they will be required to account not only for their own shipments, but also the shipments of the other distributors, in order to detect, stop, and report suspicious opioids orders; •J&J (which ceased marketing opioids in 2015 and ceased selling opioids in 2020) will not market or sell any opioid products in the next ten years and has agreed to cease lobbying concerning prescription opioids for ten years;
•Teva and Allergan have agreed to strict limitations on their marketing, promotion, sale, and distribution of opioids, including a ban on: (1) promotion and lobbying; (2) rewarding or disciplining employees based on volume of opioid sales; and (3) funding or grants to third parties; and
•Walmart, CVS, and Walgreens are required to implement changes in how they handle opioids, including requirements addressing their compliance structures, pharmacist judgment, diversion prevention, suspicious order monitoring, and reporting on red-flag processes, as well as blocked and potentially problematic prescribers.

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Cities and counties that wish to become initial participating subdivisions must sign and submit the Settlement Agreements and State Subdivision Agreements by April 18, 2023. Cities can then request direct payment of their settlement funds, or let the local allocation be paid to the County.

Staff recommends that the City elect direct payment of the settlement funds, as it did for the 2021 National Settlements. Cities that elect for direct payment must follow the use and reporting requirements of the Settlement Agreements. The settlements allow for a broad range of approved uses by state and local governments to abate the opioid epidemic. A list of approved uses (Exhibit E of the Settlement Agreements) is set forth in Attachment #2 to this staff report.

The City Attorney’s Office has participated in several countywide calls with the County Counsel’s Office to more fully understand the litigation and the potential benefits of the proposed settlements. The settlements are the product of years of litigation and settlement negotiations. All parties believe this is a fair settlement that brings significant funding to address the opioid epidemic.

It is recommended that the City participate in the settlement, approve the agreements, and retain the settlement funds over the coming years for programs and services to be developed to serve Rancho Cucamonga residents in accordance with the program guidelines.

FISCAL IMPACT:

By this action, the City would receive an estimated $1,054,775 in settlement funds over the next 15 years for the specified uses related to opioid response, treatment, and prevention.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This action promotes the Council’s core value of promoting and enhancing a safe and healthy community for all.

ATTACHMENTS:

Attachment 1 - Resolution No. 2023-034
Attachment 2 – Exhibit E to the 2022 National Settlement Agreements describing the allowable uses for the Settlement Funds

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ATTACHMENT 1
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE

CITY OF RANCHO CUCAMONGA TO ENTER INTO

SETTLEMENT AGREEMENTS WITH CVS, ALLERGAN, TEVA,

WALMART, AND WALGREENS, AGREE TO THE TERMS OF

THE RELATED STATE-SUBDIVISION AGREEMENTS, AND

AUTHORIZING ENTRY INTO THE RELATED STATE-

SUBDIVISION AGREEMENTS WITH THE ATTORNEY

GENERAL
A. Recitals

1. The United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis.

2. Pending in the U.S. District Court for the Northern District of Ohio is multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic.

3. On or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”).

4. On or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”).

5. On or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc) (collectively, “Allergan”).

6. On or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”).

7. On or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”).

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2 8. CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants.”

9. As part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants.

10. Copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants.

11. Copies of the Master Settlement Agreements have been provided to the City Council with this Resolution.

12. The Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”).

13. California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants.

14. Copies of the Allocation Agreements for all of the settlements with the Settling Defendants have been provided with this Resolution.

15. The Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).

16. Under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund.

17. The City is eligible to participate in the Settlement and become a CA Participating Subdivision.

18. The funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population).

The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA

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3 Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”).

19. A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date.

20. It the intent of this Resolution to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.

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

1. The City Council approves and authorizes the City Manager to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements and all exhibits thereto.

2. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

3. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED THIS 5th DAY OF APRIL 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 Resolution was adopted at a regular meeting of the City Council held on the ___ day of April 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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4 ABSENT: COUNCILMEMBERS:

ATTEST: _______________________________
City Clerk of the City of Rancho Cucamonga

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E-1

Exhibit E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Exhibit G Participants may choose from among the abatement strategies listed in Schedule B. However, priority may be given to the following core abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools,
community support groups and families; and

2. Increase distribution to individuals who are
uninsured or whose insurance does not cover the needed
service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.

1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

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C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infant- need dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

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F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);

2. Funding for evidence-based prevention programs in schools;

3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with CDC guidelines, including providers at hospitals (academic
detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre- arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. EXPANDING SYRINGE SERVICE PROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE

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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT

A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:2

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.

Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference f or new or existing programs.

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7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.

8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

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3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

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C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

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12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace.

14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

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2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

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3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

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4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:

1. Increase the number of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

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7. Engaging non-profits and faith-based communities as systems to support prevention.

8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

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7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES

I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and

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to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.

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DATE:April 5, 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 to Order the Annexation to Landscape Maintenance District No. 1 (General City) Related to Case No. DRC2020-00082, Located at 8120 Orchard Street. This item is Exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15301 – Existing Facilities. (RESOLUTION NO. 2023-035) (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the attached resolution ordering the annexation into Landscape Maintenance District No. 1 (General City) for Case No. DRC2020-00082.

BACKGROUND:

Case No. DRC2020-00082 was approved by the Planning Department on March 1, 2022 for the construction of a 3,431 square foot addition on the second floor, 1,247 square foot first floor addition, a 400 square foot game room, a 136 square foot front porch, a 286 square foot balcony, and a 800 square foot Accessory Dwelling Unit (ADU), to an existing one-story single family residence located at 8120 Orchard Street. The project was approved subject to a condition that the property be annexed into Landscape Maintenance District No. 1 (General City).

ANALYSIS:

The owner, Yi Lin submitted the Consent and Waiver to Annexation Form for Landscape Maintenance District No.1 (General City). Copies of the forms are on file with the City Clerk’s Office.

ENVIRONMENTAL ANALYSIS:

On March 1, 2022, the Planning Department staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 – Existing Facilities, as the project involves the construction of less than 10,000 square feet and the project conforms to the General Plan.

FISCAL IMPACT:

The proposed annexation would supply additional annual revenue into the landscape maintenance district in the following amount:

Landscape Maintenance District No.1 (General City): $92.21

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COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

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

ATTACHMENTS:

Attachment 1 – Vicinity Map
Attachment 2 – Resolution Ordering Annexation - LMD 1

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ATTACHMENT #1
ATTACHMENT - 1
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Vicinity Map
DRC2020-00082

NOT TO SCALE
Project Site

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ATTACHMENT #2
Resolution No. 20XX-XXX – Page 1 of 5
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RESOLUTION NO. 2023 - 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. DRC2020-00082
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

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Resolution No. 20XX-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.

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2023.

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Resolution No. 20XX-XXX – Page 3 of 5
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8 0
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

Yi Lin
The legal description of the Property is:

Tract 6988, Lot 14
Assessor’s Parcels Numbers of the Property:
1061-711-11

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Resolution No. 20XX-XXX – Page 4 of 5
3 3
8 0
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Landscape Maintenance District No. 1 (General City):

Proposed additions to the Improvements for Project Case No. DRC2020-00082:

NONE

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Resolution No. 20XX-XXX – Page 5 of 5
3 3
8 0
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Landscape Maintenance District No.1 (General City):

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DATE:April 5, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Michael Parmer, Assistant to the City Manager
Hope Velarde, Management Analyst I
SUBJECT: Consideration of a Resolution Supporting Cal Cities in its Opposition to Ballot Measure – “The Taxpayer Protection and Government Accountability Act” (Initiative AG # 21-0042A1). (RESOLUTION NO. 2023-036) (CITY)
RECOMMENDATION:

Staff recommends that City Council approve Resolution No. 2023-036, supporting Cal Cities in its opposition to ballot measure – “The Taxpayer Protection and Government Accountability Act” (Initiative AG # 21-0042A1).

BACKGROUND:

On January 4, 2022, the California Business Roundtable (CBRT) filed the Taxpayer Protection and Government Accountability Act (AG # 21-0042A1). On February 1, 2023, the measure qualified for the November 2024 ballot.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. In 2022, CBRT attempted to place this measure on the November 2022 ballot. On March 2, 2022, the City Council adopted Resolution No. 2022-033 supporting Cal Cities in its opposition to the ballot measure. Fortunately, the Taxpayer Protection and Government Accountability Act ultimately failed to obtain enough signatures to be included on the November 2022 ballot.

This is the third attempt from CBRT to advance this dangerous initiative. Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates continue to strongly oppose this initiative.

ANALYSIS:

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority, making it even more difficult for counties, cities, schools, special districts, and the state

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1 7
4 9
to raise revenue by any means.

For instance, local governments levy a variety of fees and other charges to provide core public services. Major examples of affected fees and charges are:
•Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
•Commercial franchise fees.
•Emergency response fees, such as in connection with DUI. •Advanced Life Support (ALS) transport charges.
•Document processing and duplication fees.
•Transit fees, tolls, and parking fees.
•Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril. Hundreds of local tax measures were approved in 20221 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter- approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Specific provisions of the measure include:

Fees and Charges2:
•Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” States and cities have the burden to prove the fee or charge is not a tax and does not exceed “actual cost” with “clear and convincing” evidence. •Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”3 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. •Prohibits fees on new development based on vehicle miles traveled.

Taxes4:
1 http://www.californiacityfinance.com/Votes2211final.pdf 2 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
3 Initiative No. 21-0042A1 (pg.5; (3))
4 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)

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1 7
4 9
•Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted5.
•Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
•Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.6 •Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service). •New taxes can only be imposed for a specific time period. •City charters may not be amended to include a tax or fee. •All state taxes require majority voter approval.

Fines and Penalties7:
•May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

FISCAL IMPACT:

Adoption of this measure could have significant fiscal impact in Rancho Cucamonga and require steep reductions in service levels, result in indeterminable legal and administrative burdens and costs from new and more empowered legal challenges and bureaucratic cost tracking requirements, result in the delay and deterrence of municipal annexations and associated impacts on housing and commercial developments, and have significant service and infrastructure impacts.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Opposition to the Taxpayer Protection and Government Accountability Act initiative is aligned with the Council’s vision to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive, as the measure, if adopted, would have a significant impact on service and infrastructure, including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

ATTACHMENTS:

Attachment 1 - Resolution No. 2023-036
Attachment 2 - Text of the ballot measure
5 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 6 Initiative No. 21-0042A1 (pg.6 (3))
7 Initiative No. 21-0042A1 (pg. 5 (4))

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Resolution No. 2023-XXX - Page 1 of 1
RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING CAL
CITIES IN ITS OPPOSITION TO BALLOT MEASURE – “THE

TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT” (INITIATIVE 21-0042A1)
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more,

NOW, THEREFORE, THE CITY COUNTIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the City of Rancho Cucamonga opposes Initiative AG # 21-0042A1; NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Rancho Cucamonga will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

PASSED, APPROVED, AND ADOPTED this day _____ of _____, 2023.

ATTACHMENT 1

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BELL, MCANDREWS & HILTACHK, LLP
ATTORNEYS AND COUNSEI..ORS AT l..AW
455 CAPlTOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 95814
(916) 442-7757
FAX (916) 442-7759
www.bmhlaw.com
January 4, 2022
Anabel Renteria
Initiative Coordinator
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Arndt# I
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincere
tp,,,
Thomas W. Hiltachk
ATTACHMENT 2

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2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1

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either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2

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(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3

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that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4

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.lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5

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(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6

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as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7

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(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8

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declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9

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DATE:April 5, 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 Sean McPherson, AICP, Acting Principal Planner
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 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
RECOMMENDATION:

Staff recommends that the City Council waive full reading and adopt Ordinance No. 1017.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of March 15, 2023.

Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler. ABSENT: Michael ANALYSIS:

Please refer to the March 15, 2023 City Council staff report.

FISCAL IMPACT:

Please refer to the March 15, 2023 City Council staff report.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Please refer to the March 15, 2023 City Council staff report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1017

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Ordinance – 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 Ci
ty 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 a mendment 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 Attachment 1

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Ordinance – 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 ef fect 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

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Ordinance – 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 Council 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 Criteria) 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

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Ordinance – 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 entirety 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 th is 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 o f this Ordinance, attached hereto and incorporated herein by this reference: primary mass; wings, front; wings, rear; wings, side; and wings.

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Ordinance – 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, subsec tion, 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 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 cons trued 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 5th day of April, 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 5th day of April, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:______________________________
City Clerk

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6 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

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7 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

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8 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

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9 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

Page 155 ends

10 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.

Page 156 ends

11 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.

Page 157 ends

12 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.

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

Page 158 ends

13 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.

Page 159 ends

14 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 automobile 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 service 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 an d 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.

Page 160 ends

15 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.

Page 161 ends

16 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 freest anding 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 individual 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:

Page 162 ends

17 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 p rofessional 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 be 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.

Page 163 ends

18 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 automobile 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).

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:

Page 164 ends

19 • 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 cl osest 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).

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:

Page 165 ends

20 • 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.

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)

Page 166 ends

21 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

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

Page 167 ends

22 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
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)

Page 168 ends

23 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)

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.

Page 169 ends

24 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 minimu m 30 inches in depth from building facade; b. Recesses a minimum three feet in depth from building facade; or c. Balconies.

Page 170 ends

25 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 space 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

Page 171 ends

26 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

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

0.6/1.5

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

Page 172 ends

27 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

Page 173 ends

28 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.

Page 174 ends

29 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.

Page 175 ends

30 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

Forecourt

17.132.060

Building Entrance and Facade Type Allowed

Page 176 ends

31 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

Page 177 ends

32 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

Page 178 ends

33 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

Page 179 ends

34 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.

Page 180 ends

35 5 See additional regulations for special regulated uses in chapter 17.102. 6 See additional regulations for drive-in and drive-through facilities in chapter 17.90. 7 Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 8 Allowed with a conditional use permit only on sites with frontage on an auto priority street as defined in the General Plan.
9 See additional regulations for industrial uses in section 17.48.050.

Key
P Permitted
C Conditional Use Permit M Minor Use Permit
N Not permitted

Page 181 ends

36 EXHIBIT J
Amendments to Title 17, Article VIII (Form-Based Code), Chapter 17.138 (Large Site Development)

Amended Sections and Table:

• Section 17.138.010(C) (Large Site Development, Applicability) • Section 17.138.020 (Review Procedures)
• Section 17.138.030 (Site and Block Configurations)

C. Applicability.

1. These standards apply to development sites three acres or larger in size when any of the following are proposed:
a. New or modified vehicular access to the site;
b. New development or construction;
c. New subdivision tract map; or
d. An addition to existing building greater than 50 percent of the existing gross floor area.

2. Exception. Applicants for projects in the ME2 zone for which a master plan is prepared subject to the requirements and approval procedures of Section 17.22.020 (Master Plan) may request an exemption from one or more of the requirements of this Chapter, subject to city council approval.

17.138.20 view Procedures
A. Design Review. Development proposals must receive major design review approval in compliance with article II (Land Use and Development Procedures) and the requirements of this chapter.

B. Requirements. In addition to the application and project component requirements for Major Design Review of article II (Land Use and Development Procedures), applicants must:

1. Layout a block and thoroughfare network that connects to adjacent neighborhoods and/or corridor areas and is in compliance with section 17.138.030 (Site and Block Configurations);

2. Sites greater than six acres must provide a minimum of three building types, which are allowed in the zone, in compliance with section 17.130.060 (Building Type Standards).

3. Comply with the public open space standards in chapter 17.134 (Open Space);

4. Design the project with appropriate building types to create a physical transition in massing and scale to the surrounding areas, consistent with the standards in chapter 17.130 and section 17.138.030.D, below; and

5. Identify the proposed blocks and thoroughfares, open space types, and building types on a project site plan, consistent with section 17.138.020.C (Project Site Plan).

C. Project Site Plan.

1. The project site plan must include the following information:
a. Site boundaries;

Page 182 ends

37 b. Existing and proposed blocks;
c. Proposed development sites;
d. Existing and proposed thoroughfares, including alleys; e. Existing and proposed pedestrian and bicycle connections; f. Existing and proposed open space(s); and
g. Existing zone(s).

2. The project site plan is subject to the review and approval of the planning commission. If a project site plan is approved with a master plan, the project is approved by the city council.

17.138.030 Site and Block Configurations
A. Block Size.

1. Individual block faces and the total block perimeter shall meet the standards established in Table

17.138.030-1 (Block Size).

2. If a block contains multiple zones, the most intense zone shall be used to establish the requirements for block size.

3. Blocks may be irregularly shaped (i.e., nonrectangular) provided they are still in compliance with the standards in Table 17.138.030-1 (Block Size).

4. Blocks may exceed the maximum allowed face length if a paseo is included, in compliance with section

17.134.090 (Paseo) and as follows See Figure 17.138.030-1:
a. Paseos must cut through the entire block;
b. Blocks must comply with maximum perimeter requirements; c. The block face length on either side of the paseo may not exceed the maximum in Table 17.138.030- 1 (Block Size);
d. The total block face length may not exceed 150 percent of the maximum in Table 17.138.030-1; and e. Maximum one paseo per block.

B. Thoroughfares. Public or private thoroughfares define the publicly accessible circulation network that refines large sites into more interconnected environments. They provide multiple routes for vehicular, bicycle, and pedestrian circulation.

1. Design.
a. Thoroughfares (public or private) must comply with City standards and be designed as public streets.
f. b. Drive aisles not designed as streets do not constitute a thoroughfare and do not satisfy the requirements of this section.

TABLE 17.138.030-1 BLOCK SIZE
Zone
Block Face
Length (max.)
Perimeter
(max.)
Neighborhood
General 2 (NE2) 700 ft. 2,400 ft

Page 183 ends

38 c. Thoroughfares within the project must be designed in a manner that is appropriate to their context, with the various elements of the right -of-way (e.g. travel lanes, sidewalk dimensions, etc.) balanced with the land uses and public frontages along the thor oughfare. Therefore, along the length of the thoroughfare, if the context changes, the design of the thoroughfare, especially with regard to pedestrian amenities, must also change.
d. All required thoroughfares shall include:
i. A landscape buffer between the right-of-way and frontage road; ii. At least one lane of on-street parking, either angled or parallel, that includes a minimum of two EV stations installed per block;
iii. A recommended sidewalk width of 8 feet minimum; and iv. A recommended lane width of 10 feet minimum.
e. The requirements for a frontage road is at the discretion of the Director of Engineering Services. f. The design of proposed new thoroughfares (public or private) shall be reviewed and approved by the Fire Marshal.

Example of a thoroughfare

Neighborhood
General 3 (NG3) 500 ft. 1,600 ft.

Center 1 (CE1) 400 ft. 1,400 ft.

Mixed
Employment
1 (ME1)
500 ft. 2,000 ft.

Mixed
Employment
2 (ME2)
500 ft. 2,000 ft.

Corridor 1 (CO1) 500 ft. 1,700 ft.

Corridor 2 (CO2) 500 ft. 1,700 ft.

Center 2 (CE2) 400 ft. 1,400 ft.

Page 184 ends

39 Example of a thoroughfare

2. Multiway/Frontage Road Design.

Page 185 ends

40 a. Where project sites or development sites exceed 500 feet along any right-of-way, a frontage road is required.
b. All required frontage roads shall include:
i. A landscape buffer between the right-of way and frontage road; ii. At least one lane of on-street parking, either angled or parallel, that is EV Ready along the length of the frontage road; and
iii. A sidewalk a minimum of 8 feet in width. If Corridor Fronting Retail or Commercial Uses are required per Section 17.130.040, the sidewalk minimum shall be 12 feet in width. c. The requirements for a frontage road is at the discretion of the Director of Engineering Services. d. The design of proposed new multiways/frontage roads shall be reviewed and approved by the Fire Marshal.

5. 3. External Connectivity.
a. Thoroughfares must be arranged to connect from existing or proposed thoroughfares into adjoining properties whether the adjoining properties are undeveloped and intended for future development, or if the adjoining lands are developed and include opportunities for the connections. b. Thoroughfare rights-of-way must be extended to or located along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in subsection A (Block Size).
c. The project site plan must identify all stub streets for thoroughfares and include a notation that all stub streets must connect with future thoroughfares on adjoining property. d. Cul-de-sacs are not allwed.

C. Transitions. To facilitate a tran sition in building height, massing, and scale from corridors to adjacent residential neighborhoods, the following standards apply.

1. For projects with a lot depth 800 feet or greater which share a side or rear lot line with a zone with a lower maximum density or height limit, the following standards apply:
a. Single-Family Adjacent: The maximum height for buildings on development sites which share the lot line is the maximum allowed by the building type or one story above the maximum allowed height of the adjacent zone, whichever is less.
b. Multi-Family Adjacent: The maximum height for buildings on development sites which share the lot line is the maximum allowed by the building type or two stories above the maximum height of the adjacent zone, whichever is less.

2. The height restriction applies to the entirety of the building which is adjacent to the shared lot line.

3. Exemptions. Buildings which are entirely located 60 ft or greater from the shared lot line are not subject to the height restrictions of this subsection.

4. Additional building types that are not permitted in the base zone are allowed subject to a conditional use permit if the proposed building types are determined to be compatible in size and scale to the adjacent lower intensity zone.

Page 186 ends

41 D. Required Non-Residential Use.

1. Non-residential uses must
occupy a minimum percent of
the project building square
footage as established in t able

17.138.0302 (Non -Residential
Use Mix). Non -residential uses
provided in compliance with
subsection 17.130.040(B)
Corridor Fronting Ground Floor
Use Restrictions may count
toward the minimum
requirement.

2. When in conflict with the
Ground Floor Use restrictions
in subsection 17.130.040(B)
Corridor Fronting Ground Floor
Use Restrictions and/or the
minimum FAR standards in
table 17.130.050 -1 (Required
Build-To-Line, Height, And

Page 187 ends

42 Frontage Area ), the most
restrictive standards apply.

TABLE 17.138.030-2

NON-RESIDENTIAL USE MIX
Zone Minimum
Corridor 1 (CO1) 20%
Corridor 2 (CO2) 20%
Center 1 (CE1) 33%
Center 2 (CE2)* 33%
*Does not apply to the Limited subzone

Page 188 ends

43 EXHIBIT K
Amendments to Title 17, Article IX (Glossary), Chapters 17.140 (Universal Definitions) and 17.154 (Form-Based Code Definitions)

Sections to which definitions shall be added:

• Section 17.140.020 (Universal Definitions)
• Section 17.154.020 (Form-Based Code Definitions)

The following definitions shall be added to Section 17.140.020 (Universal Definitions) in alphabetical order:

Automobile service station, accessory car wash means a building or structure that is associated with a service station, on the same property/parcel, that is utilized for washing automobiles and light trucks. The building/structure may be attached or detached to the primary structure such as a convenience store.

Automobile service station, ancillary equipment means all equipment associated with the services that could be provided by a service station including air pumps, vacuums, and propane and/or equipment required by federal and State regulations such as vapor recovery systems.

Automobile service station, canopy means an unenclosed overhead structure above the fuel pumps providing weather protection, shade, and may incorporate light fixtures to illuminate the area in the vicinity of the fuel island.

Automobile service station, convenience store means a building associated with the fueling operations that provides one or a combination of the following: convenience services; retail sale of packaged food, drinks, etc. and automotive- related merchandise; and food/restaurant services.

Automobile service station, general means a facility that is primarily for the purpose of retail sales of fuel (gasoline, diesel, ethanol, etc.) for internal combustion powered and/or electricity for battery powered vehicles.

Electric vehicle (EV) charging station means a dedicated area where equipment and associated infrastructure is located for the purposed of charging the batteries of an electric vehicle.

Fuel island means an area where the fuel pumps and minor amenities such as trash receptacles and window cleaning equipment/material are located.

Page 189 ends

44 Fuel pump means equipment that transfers various petroleum -based fuels from underground tanks to vehicles and includes equipment for conducting payment.

Smoke shop means any retail business establishment where at least fifty percent (50%) of product display is for smoking products, including but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E -liquids and supplies, and smoking supplies and accessories. A smoke shop does not include commercial cannabis activity.

Tobacco paraphernalia means any instrument or paraphernalia that is designed for the smoking or ingestion of lawful tobacco products including without limitation cigaret te papers, cigarette wrappers, cigar wrappers, blunt wraps, pips, holders, clips, and cigarette rolling machines.

Tobacco product means any substance containing tobacco or derived from tobacco and any substance used in electronic cigarette and vaping devices including but not limited to cigarettes, cigars, e-juice, e-liquid, e-nicotine, smoke juice, pipe tobacco, rolling tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, nicotine gel, nicotine lollipops, or any other preparation of tobacco.

The following definitions shall be added to Section 17.154.020 (Form -Based Code Definitions) in alphabetical order:

Primary Mass. The primary mass is the prominent and main component of a building.

Wings. Wings, which may be Front, Side, or Rear Wings, are components of a building which are always subordinate to (shorter and narrower than) the Primary Mass. They are sized and scaled in increments of entire rooms or multiple rooms, and have their own clear roof forms.

Wings, Front. Front wings are a subordinate component of a building that is located in front of the Primary Mass. Front wings are always scaled -down in height and depth relative to the Primary Mass.

Wings, Rear. Rear wings are a subordinate component of a building that is located to the rear of the Primary Mass.

Wings, Side. Side wings are a subordinate component of a building that is located behind the Primary Mass. Side wings are shorter and narrower than the primary mass.

Page 190 ends

45 FIGURE 17.154.020-3 PRIMARY MASS AND WINGS

Primary Mass
Front Wing
Side Wing
Rear Wing
Secondary Building
Primary Mass
Front Wing
Side Wing
Rear Wing
Secondary Building

Page 191 ends

DATE:April 5, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Community Parks and Landscape Citizens’ Oversight Committee SUBJECT: Summary Of Review Of Results Of Annual Independent Audit Concerning The Fiscal Year 2021/22 Expenditures In Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, And #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85. (CITY) RECOMMENDATION:

It is recommended that the City Council receive and file this report.

BACKGROUND:

Established by Resolution 19-075, the Community Parks and Landscape Citizens’ Oversight Committee is made up of members of the public that reside and own property within Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 (collectively “the Districts”), and do not serve on any other standing City Commission or Committee. The primary purpose of the Committee is to review the annual audit after it is prepared and report the results of its review to the City Council and the community on an annual basis.

The Committee does not have budgetary, operational decision-making authority, nor the authority to allocate financial resources or direct staff.

ANALYSIS:

At our meeting on February 21, 2023, Noah Daniels, Finance Director, and Frank North, Audit Manager of Lance, Soll & Lunghard, LLP, provided an overview of the audit for the Districts for the Fiscal Year 2021/22. The reports generated by the audit include:
•Audit Communication Letter
•Independent Auditors’ Report on Statement of Revenues, Expenditures, and Changes in Fund Balances
•Independent Auditors’ Report on Internal Control over Financial Reporting By law, each District accounts for its revenue and expenditures in its funds. The auditor reviewed their work, and a discussion was held regarding the audit process and how the City ensures that funds collected for maintenance and operations are spent to benefit each District. The auditors and City Finance staff confirmed that the revenues received have been expended appropriately

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1 7
3 4
on maintenance, operations, and capital improvements in each District.

We appreciate the opportunity to serve our community on this Committee. If you have any questions regarding our annual meeting, members of the Committee will be present at the City Council meeting to present this report and discuss those questions with you.

FISCAL IMPACT:

There is no fiscal impact.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core value of actively seeking and respectfully considering all public input.

ATTACHMENTS:

Attachment 1 – Audit Communication Letter
Attachment 2 – Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2022
Attachment 3 – Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters

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203 N. Brea Blvd., Suite 203
Brea,CA92821Lance, Soll & Lunghard, LLP Phone: 714.672.0022 December 12, 2022
To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California
We have audited the statement of revenues, expenditures and cha nges in fund balances of Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra V ista, #6R Caryn Community, and #7 North Etiwanda, Street Lightin g Maintenance District #2 Residential, and Park and Recreation Improvement District #85 (collectively, the Districts) of the City of Rancho Cucamonga, California (the City), for the year ended June 30, 2022. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information relate d to the planned scope and timing of our audit. We have communicated such information in our letter to the City Council of the City of Rancho Cucamonga dated April 22, 2022. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Matters
Qualita
tive Aspects of Significant Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Districts are described in the notes to statement of revenues, expenditures and changes in fund balances. No new accounting policies were adopted and the application of existing policies was not changed during Fiscal Year 2021/22. We noted no transactions entered into by the Districts during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

The statement of revenues, expenditures and changes in fund balances disclosures are neutral, consistent, and clear.

Significant Unusual Transactions
Management is responsible for the policies and practices used to account for significant unusual transactions. No significant unusual transactions have occurred during Fiscal Year 2021/22.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with mana gement in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require u s to accumulate all known and l ikely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. No misstatements were found.

ATTACHMENT 1

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To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California

Disagreements with Management

For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such dis agreements arose during the course of our audit.

Management Representations

We have requested certain representations from management that are included in the management representation letter dated December 12, 2022.

Management Consultations with Other Independent Accountants

In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain sit uations. If a consultation involves application of an accounting principle to the Districts’ statement of reven ues, expenditures and changes in fund balances or a determination of the type of auditor’s opinion th at may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues Discussed with Management

We generally discuss a variety of matters, including the signif icant events or transactions that occurred during the year, business conditions affecting the Districts and business plans and strategies that may affect the risks of material misstate ments, the application of account ing principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters

The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for Fiscal Year 2021/22 audit:

GASB Statement No. 87, Leases.

GASB Statement No. 89, Accounting for Interest Cost Incurr ed before the End of a Construction Period.

GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans.

The following GASB pron ouncements are effect ive in the followin g fiscal years’ audits and should be reviewed for proper implementation by management:

Fiscal Year 2022/23

GASB Statement No. 91, Conduit Debt Obligations.

GASB Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangement.

GASB Statement No. 96, Subscription-Based Information Technology Arrangements.

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To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California

Fiscal Year 2023/24

GASB Statement No. 99, Omnibus 2022.

GASB Statement No. 100, Accounting Changes and Error Corrections.

Fiscal Year 2024/25

GASB Statement No. 101, Compensated Absences.

Restriction on Use

This information is intended solely for the use of the Community Parks and Landscape Citizens' Oversight Committee and management of the Districts and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,

Brea, California

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203 N. Brea Blvd., Suite 203
Brea,CA92821Lance, Soll & Lunghard, LLP Phone: 714.672.0022
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#6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA, STREET LIGHTING MAINTENANCE DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85

CITY OF RANCHO CUCAMONGA

STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2022

Revenues:

Taxes 1,256,185$ 3,750,829 $ 2,805,344 $ 558,911$ Charges for services 19,612 1,298 757 - Use of money and property (38,403) (167,147) (271,471) (30,602) Contributions from General Fund:

General benefit contribution - 274,756 - - General benefit equivalent 30,743 - - 31,266 Contributions from other funds 34,380 - - - Miscellaneous - - - - Total Revenues 1,302,517 3,859,736 2,534,630 559,575 Expenditures:

Personnel services 34,364 703,497 894,263 22,067 Operating costs:

Operations and maintenance 47,576 63,960 55,843 7,014 Contract services 505,623 1,275,981 536,778 205,098 Tree maintenance 88,821 189,739 60,335 41,347 Utilities 349,057 954,253 441,957 171,126 Assessment administration 62,850 35,080 20,980 6,680 Interfund allocation - 83,160 - - General overhead allocation 57,340 324,160 257,850 40,790 Capital outlay 15,259 607,184 425,671 453 Total Expenditures 1,160,890 4,237,014 2,693,677 494,575 Net Change in Fund Balances 141,627 (377,278) (159,047) 65,000 Fund Balances, Beginning of Year 1,814,906 4,650,840 7,542,694 723,298 Fund Balances, End of Year 1,956,533$ 4,273,562 $ 7,383,647 $ 788,298 $ Landscape
Maintenance
District #1
General City
Landscape
Maintenance
District #4R
Terra Vista
Landscape
Maintenance
District #6R
Caryn
Community
Landscape
Maintenance
District #2
Victoria
See Notes to Statement of Revenues, Expenditures and Changes in Fund Balances. 3

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#6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA, STREET LIGHTING MAINTENANCE DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85

CITY OF RANCHO CUCAMONGA

STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2022
Revenues:

Taxes 950,978$ 379,111 $ 1,163,122$ Charges for services 4,793 - 34,998 Use of money and property 33,724 (40,202) 39,616 Contributions from General Fund:

General benefit contribution - - - General benefit equivalent - 76,021 71,829 Contributions from other funds - 18,510 22,480 Miscellaneous - - 128 Total Revenues 989,495 433,440 1,332,173 Expenditures:

Personnel services 197,038 - 187,506 Operating costs:

Operations and maintenance 29,661 112,312 48,655 Contract services 416,224 619 282,528 Tree maintenance 38,272 - 20,490 Utilities 376,054 320,711 338,263 Assessment administration 16,130 38,080 144,590 Interfund allocation - - - General overhead allocation 104,930 1,920 54,780 Capital outlay 1,359 - 114,508 Total Expenditures 1,179,668 473,642 1,191,320 Net Change in Fund Balances (190,173) (40,202) 140,853 as originally reported 1,313,429 1,018,032 3,191,388 Fund Balances, End of Year 1,123,256$ 977,830 $ 3,332,241 $ Street Lighting
Maintenance
District #2
Residential
Park and
Recreation
Improvement
District #85
Landscape
Maintenance
District #7
North Etiwanda
See Notes to Statement of Revenues, Expenditures and Changes in Fund Balances. 4

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203 N. Brea Blvd., Suite 203
Brea,CA92821Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL

OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applic able to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, St reet Lighting Maintenance District #2 Residential, and Park and Recreation Improvement District #8 5 (collectively, the Districts), of the City of Rancho Cucamonga, California (the City), for the year ended June 30, 2022, and the related notes to statement of revenues, expenditures and changes in fund balances, and have issued our report thereon December 12, 2022.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal c ontrol was for the limited purpo se described in the first paragraph of this section and was not designed to i dentify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitation s, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Cit y’s financial statements are free from material misstatement, we performed tests of its compliance wit h certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on complian ce with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that a re required to be reported under Government Auditing Standards.

Ls~ .... •••• ••
~ '"'Wf'";1,,n,M,-miw,nf I 1heAssoctatt-011ofAd\-1sory
?;ff PrimeGlobal nadAu•w><;oqBm" ATTACHMENT 3

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To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California

Purpose of this Report

The purpose of this report is solely to describe the scope of o ur testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report i s an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Brea, California
December 12, 2022

Ls~ .... •••• ••

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DATE:April 5, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Katie Bailey, Management Analyst II
SUBJECT: Consideration to Approve the Creative Placemaking and Public Art Strategic Plan. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve the Creative Placemaking and Public Art Strategic Plan.

BACKGROUND:

At its regular meeting on July 19, 2017, the City Council adopted Ordinance No. 912, amending the Rancho Cucamonga Municipal Code regarding creative placemaking through public art. This ordinance established policy for the City and private developers to fund and implement new public art projects as the City grows into the future. Pertinent to the implementation of the ordinance was the formation of the Public Art Committee (PAC) during the regular meeting on December 20, 2017. PAC member duties include advising the City Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property and expenditures from the City of Rancho Cucamonga Public Art Trust Fund.

In 2019, the PAC recommended that the City develop a Creative Placemaking and Public Art Strategic Plan (RC Public Art Plan) to guide the public art process for both the PAC and the City.

The development of the RC Public Art Plan saw significant delays due to the onset of the COVID- 19 pandemic. Still, the process included a robust, meaningful community input process, which provided valuable insight into the needs of the community regarding public art.

ANALYSIS:

Before drafting the plan, Staff conducted a robust community engagement process that consisted of a survey that yielded 642 submissions, six (6) pop-up “Mappy Hours” with 155 community participants, six (6) affinity group interviews with 97 community participants, and sixteen (16) one- on-one community interviews.

This outreach effort aimed to provide creative and accessible ways for all community members to engage in the process, give in-depth feedback, and identify a range of community priorities to inform the future of placemaking and public art in Rancho Cucamonga. The community engagement process provided the foundation for the RC Public Art Plan Vision, Core Values, and Goals identified in the plan.

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Page 2 ends

1 7
5 6
Once the community engagement process concluded, the RC Public Art Plan was drafted. At a glance, this plan outlines the following:
•RC Public Art program Vision and Core Values;
•RC Public Art program goals, strategies, and performance measures; •Art priority areas and selection criteria;
•Program implementation guidelines; and,
•Roles and Responsibilities for critical stakeholders.

If adopted, this plan will provide a roadmap for Staff to implement the RC Public Art Program over the next seven years.

FISCAL IMPACT:

If adopted, the RC Public Art Plan will assist Staff in prioritization for funding sources. Most often, projects identified for the RC Public Art Program will be funded through the Public Art Trust Fund.

However, as outlined in the RC Public Art Plan, Staff will look to leverage the Public Art Trust Funds through grant applications and private funding, and, when applicable, Staff will request General Fund support for projects or staffing needs that fall outside the parameters for Public Art Trust Fund use.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses City Council's Core Values by providing and nurturing a high quality of life for all through placemaking and public art initiatives. In addition, public art enhances livability and promotes and enhances a safe and healthy community for all.

ATTACHMENTS:

Attachment 1 – RC Public Art Plan Booklet Draft CC 4.5.23

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Creative Placemaking &
Public Art Strategic Plan
“Art is the highest
expression of the
human spirit”
- JOYCE CAROL OATS
PREPARED BY:

The City of Rancho Cucamonga
IN CONSULTATION WITH:

Monica Lynne Mahoney, MLA,
GEMNI Projects: Envonmental Art, Design + Education CityofRC.us Vincent Jimenez, CommUNITY Paint Day Intersection project, 2021, Rancho Cucamonga
ATTACHMENT 1

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Our vision is to build on our success
as a world class community, to create
an equitable, sustainable, and vibrant
city, rich in opportunity for all to thrive.
- CITY OF RANCHO CUCAMONGA VISION STATEMENT
CommUNITY Paint Day, 2021, Rancho Cucamonga
2

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City of Rancho Cucamonga Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 What This RC Public Art Plan Accomplishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 The RC Public Art Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 What is Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 What is Creative Placemaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 What is Creative Placekeeking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Composition of the Public Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Integration with Other Planning Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Vision and Core Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Our Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Our Core Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Goals, Strategies, and Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Goal 1: Build Awareness and Keep Momentum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Goal 2: Art in Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Goal 3: Promote the Local Creative Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Goal 4: Create Diverse, Equitable, and Inclusive Programming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Goal 5: Prioritize Community-Centric Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

TABLE OF CONTENTS
Amy Maloof, Props, 2019, Photo by ML Mahoney, Rancho Cucamonga 3

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Program Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Roles and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Setting Priorities – Public Art Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Processes for the Public Art Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Process for Commissioning Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Considerations for Purchasing Existing Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Process for Accepting Donations and Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Documentation and Maintenance of Works of Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Deaccessioning Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Appendix A – Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Appendix B – Project Plan Template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Appendix C – Call for Artists Template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Appendix D – Project Conclusion Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Appendix E – RC Public Art Outreach Methods and Results Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Appendix G – State and Federal Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Appendix H – Resources and Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Chalk & Brews, Rancho Cucamonga
4

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The purpose of the City of Rancho Cucamonga’s
Creative Placemaking & Public Art Strategic Plan
(“RC Public Art Plan”) is to establish a roadmap
for developing a stronger sense of place,
a higher quality of life, and a more competitive
economy through the integration of public art
into the community.

The goals, strategies, and measures outlined herein
provide a common guideline for decision-making.

They should be used as a framework for the future
of public art in the City of Rancho Cucamonga.

PURPOSE
Compassionate Community, Rancho Cucamonga
6

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ACKNOWLEDGMENTS
COMMUNITY MEMBERS, we would like to acknowledge and thank the many members of the community of Rancho Cucamonga and the arts and culture leaders who gave their time to provide us with invaluable information, insights, and input throughout the Rancho Cucamonga public art (“RC Public Art”) community outreach process.

Their perspectives have been critical to developing the RC Public Art Plan. This list includes those community members who provided their names while participating. We also recognize the countless others who engaged during this process.

Alba Cisneros*
Alexis Perez
Amoha Bhale
Amy Yoon
Annette Johnson*
Ashley Tirona
Barbara Drake*
Barbara Marin
Barbara Bahai
Beatrix Balmonte
Brad Howe*
Carla West
Charlotte Su
Chloe Pena
Chris Toovey*
Concepcion Barragan
Craig Howard*
Crystal Muljadi
Dan Romero*
Danielle Simmoore
Deborah Allen
Debra Alleyne*
Denise Turner*
Diane Gunter
Diane Thomas
Dina Romero*
Don Smith
Elise Tarver
Elizabeth McSwain
Frena Harris
Gerald Clark*
Guadalupe Galindo
Heather Zappia
James Curtis
Jana Cook
Jenny Gesiriech
Jenny Kane*
Jim Rawitsch*
Jose Juarez*
Josiah Bruny*
Joy McAllister*
Joyce Jacobson
Karla Villanueva
Letitia Fernandez Ivins*
Linda Ceballos
LuAnna Jauregui
Manuela Amaya
Margaret Aichele*
Margarita Diaz
Mark Rush
Mayen Alcantara*
Michael Muse
Misty Burruel*
Nanette Hart
Natalie Boehm
Nisreen Makati
Heidi Leland
Paige Garcia
Peri Lynch Howard*
Rebecca Trawick*
Rich Deely*
Rosie Lovato
Sant Khalsa*
Sean McPherson
Seth Pringle*
Sheryl Wilkeson
Starlette Shelton
Susan Harden
Susan Sluka Kelly*
Takbir Rahman
Teresa Gonzalez
Terri Musa
Tory Tepp*
Ursula Garcia
Victoria Jones
Public Art Mappy Hour Community Engagement, Rancho Cucamonga*Artists, public art experts, and cultural leaders in the community 7

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ACKNOWLEDGMENTS

CITY COUNCIL
L. Dennis Michael, Mayor
Lynne B. Kennedy, Mayor Pro Tem
Ryan A. Hutchison, Council Member
Kristine D. Scott, Council Member
Ashley Stickler, Council Member

PUBLIC ARTS COMMITTEE (“PAC”)
Leslie Matamoros, Public Art Committee Chair, Curator of Exhibitions City of Ontario Museum of History & Art John Machado, Public Art Committee Vice-Chair, Founder The Arts Area, Art History Professor, Chaffey College Jaymie Leslie, Public Art Committee Member, Artist
Bryan Dopp, Public Art Committee Member, Planning Commissioner, Educator Paula Pachon, Public Art Committee Member, Board Secretary, Rancho Cucamonga Community & Arts Foundation Linda Bryan, Former Public Art Committee Member, Rancho Cucamonga Community & Arts Foundation Member Lauren Verdugo, Former Public Art Committee Member, Artist Lou Muñoz, Former Public Art Committee Member, Retired Planning Commissioner

CITY STAFF
John Gillison, City Manager
Elisa Cox, Assistant City Manager
Matt Burris, Deputy City Manager
Lori Sassoon, Deputy City Manager (former)

RC PUBLIC ART CORE TEAM
Erika Lewis-Huntly, Management Analyst III
Joanna Marrufo, Community Programs Coordinator
Clarence de Guzman, Management Analyst I
Hope Velarde, Management Analyst I
Allison Town, Community Affairs Coordinator
Annette Mumolo, Senior Community Affairs Coordinator
Katie Bailey, Management Analyst II
Morgan Chavez, Management Aide

CONSULTANT
Monica Lynne Mahoney, MLA. Founding Director GEMINI Projects: Environmental Art, Design + Education Public Art Mappy Hour Community Engagement, Rancho Cucamonga 8

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Grant Associates, Supertree Grove, 2012, Garden by the Bay Singapore, iStock

EXECUTIVE

SUMMARY
The General Plan Update, completed in December
of 2021, outlines a long-term goal for the City
of Rancho Cucamonga to become the cultural
and economic hub of the Inland Empire, rich in
opportunity for all who live, work, and play in the
city to thrive. Public art plays an important role in
the City’s progress towards that goal by enhancing
placemaking efforts, supporting efforts to improve
overall quality of life, and expanding opportunities
for community engagement.

In 2017, the City of Rancho Cucamonga adopted
its first public art ordinance, which established
policy for both the City and private developers
to fund and implement new public art projects
as the City grows into the future (the “Public Art
Program”). In 2018, City appointed the Public Art
Committee (PAC) to serve as an all-volunteer group
of community professionals who advise the City
Council on the implementation of the Public Art
Program. Finally, in 2019, City Council approved the
PAC’s recommendation to complete a public art
plan, and City staff, led by the RC Public Art Core
Team, launched an 18-month community outreach
program that guided the development of this
RC Public Art Plan.

This RC Public Art Plan establishes the RC Public Art
Program’s vision, core values, and goals, and provides
guidance on implementing and maintaining a public
art program within the City.
9

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2 Confirms the RC Public Art Program
Vision and Core Values
Vision
This RC Public Art Plan will support the goal of establishing the City of Rancho Cucamonga as the cultural hub of the Inland Empire by equitably bringing art to the public realm that engages, inspires, and reflects our diverse cultural and artistic heritage while empowering the community through a variety of art and cultural amenities . The RC Public Art Program should engage artistic excellence, foster joy, inspire civic pride, and ignite a sense of wonder and excitement.

Core Values
The public engagement process for the RC Public Art Plan identified core values that guide the RC Public Art Plan: Diversity, Equity, Community, and Inspiration .

These core values have been woven throughout the RC Public Art Plan’s strategic goals, strategies, and measures to ensure that the City provides engaging and unique public art that reflects our diverse community and is equitably distributed across Rancho Cucamonga.

Establishes Program Goals
Goal 1: Build awareness of the RC Public Art Program and keep project momentum Goal 2: Integrate art into infrastructure
Goal 3: Promote the local creative economy
Goal 4: Create diverse, equitable, and inclusive programming Goal 5: Prioritize community-centric art
What This RC Public Art Plan
Accomplishes…
Chalk & Brews,
Rancho Cucamonga
Chris Burden, Urban Light, 2008, LACMA
10

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What This RC Public Art Plan
Accomplishes…
Identifies Priority Areas and Selection Criteria
The RC Public Art Plan establishes priority areas for public art placement, including General Plan Focus Areas, historic community centers, bike and pedestrian paths, parks, green spaces, and major thoroughfares, intersections, and City gateways.

When selecting public art placements, the RC Public Art Plan recommends priority be given to locations that are that high visible, high accessible, and contribute to the placemaking priorities outlined in the General Plan.

Provides Implementation Guidelines
The RC Public Art Plan provides guidance on procuring public art, including process outlines for commissioning new art, purchasing existing art, accepting public art donations and loans, maintaining public art, deaccessioning public art, maintaining public art records, and maintaining and leveraging funding for the RC Public Art Program.

Roles and Responsibilities
The RC Public Art Plan identifies critical stakeholders in the public art process and outlines the respective responsibilities of each group, including RC Public Art Staff1, the Public Art Committee, the City Council, the City Manager, Art Selection Panels, Future Groups, and other City departments .

Sets Priorities
for RC Public Art
Programming
Art that supports placemaking:

The RC Public Art Program portfolio
should be used to link neighborhoods,
help increase the vibrancy and
economic viability of our cultural
centers, and animate public spaces
in a way that inspires community
members to engage with and take
ownership of areas where they live,
work, and play.

Attract and retain regional artists:

The RC Public Art Program portfolio
should include works commissioned
by local and regional artists, and
programming should include efforts
to attract and retain artists to the
region.

Art that reflects the City’s diverse
population and cultural history:

RC Public Art programming should
reflect the diversity in our community
and equitably represent our cultural
history.

Art for and by the community:

The RC Public Art Program should
include projects supporting initiatives
such as mental and physical
well-being, sustainability, and
community-led art projects.

Epicenter LoanMart Stadium, Rancho Cucamonga
11

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INTRODUCTION
In 2017, the City of Rancho Cucamonga (the City)
adopted its first public art ordinance. The Creative
Placemaking & Public Art Ordinance (Ordinance No.
912) established milestone policy for both the City
and private developers to fund and implement new
public art projects as the City grows into the future.

To guide the implementation of the Public Art
Program, in 2018, the City appointed the PAC to serve
as an all-volunteer group of community professionals
who advise the City Council regarding the selection,
purchase, placement, and maintenance of art
installed by the City or on City property.

The PAC’s recommendation to move forward with
developing the RC Public Art Plan was approved by
City Council in 2019. City staff, led by the RC Public
Art Core Team, worked closely with consultant
Monica Lynne Mahoney, MLA, City Leadership, the
Public Art Committee, and diverse community
stakeholders to develop the RC Public Art Plan.

Patrick Shearn/Poetic Kinetics, Visions in Motion, 2019, Brandensberg Gate, Berlin, iStock 12

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The RC Public Arts Plan
With that vision in mind, and through robust community input, the RC Public Art Plan establishes the vision, core values, and goals for the RC Public Art Program, in addition to recommendations for the commissioning, review, implementation, and maintenance of public art projects across the City.

The RC Public Art Plan is shaped by a rich community outreach process led by the RC Public Art Core Team, who facilitated a multifaceted engagement program to gain valuable feedback over 18-months . The outreach process was successfully implemented during the COVID-19 pandemic. It included numerous stakeholder interviews, affinity group meetings, a robust community survey, and online and in-person outreach maps to pin locations and learn about the types of public art the community desires . The public outreach provided insight into the heart and spirit of the many neighborhoods that comprise the community and has been foundational to the RC Public Art Plan’s core.

The RC Public Art Plan is a resource to help guide City staff and the RC Public Art Program into action and is intended to be a living document that can be reviewed and utilized by RC Public Art Staff and the PAC . The RC Public Art Plan is part of the General Plan Update process, the City’s new comprehensive development plan that serves as a blueprint for the City’s future . Together, the General Plan and the RC Public Art Plan ensure that creative placemaking and public art are integrated into overall planning and development objectives well into the future and provide guidelines for the City for the public art process . Finally, this RC Public Art Plan coincides with the City’s Climate Action Plan (“CAP”), weaving together the arts, culture, climate, health, and well-being for years to come.

RC Public Art seeks to activate the City’s vision for
the future, to create an equitable, sustainable, and
vibrant city, rich in opportunity for all to thrive.

Teen Summit, Rancho Cucamonga
13

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Public art is original works of temporary or permanent art designed and/or created by an artist or artist-led team. Public art lives in the public realm and is visibly and/or physically accessible.

Public art can take shape in many ways and forms as long as it remains free and accessible to the public. At its very best, public art brings the community together. It provides a nexus of community pride, celebrating a place’s unique and enduring qualities and its people.

Public artwork can be contemplative, engaging, fun, interactive, and awe-inspiring. It may honor and tell stories about the past, enrich and inform the present, and envision and activate the future. It occupies public places such as community centers, parks, open spaces, streets, alleyways, trails, bus stops, bridges, transportation infrastructure, and private developments accessible to the public for free.

Types of Public Art
• Murals
• Mosaics
• Structural Wraps
• Earthworks & Environmental Art
• Streetscapes & Functional Art
• Sculptures
• Paintings
• Photographs
• Fine Crafts: wood, metal, clay,
glass, and other materials, both
functional and nonfunctional
• Memorials &
Commemorative Spaces
• Literary Arts
• Interactive Art
• Performative Art
• Playscapes
• Community Gardens
• Festivals and Art Walks
• Mixed Media
• New Media
What is Public Art?
Chalk & Brews, Rancho Cucamonga Artwork in Rancho Cucamonga, Photo by William Vasta 14

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• Memorials &
Commemorative Spaces
• Literary Arts
• Interactive Art
• Performative Art
• Playscapes
• Community Gardens
• Festivals and Art Walks
• Mixed Media
• New Media
Creative Placemaking happens when…
partners from public, private, nonprofit, and
community sectors strategically shape the
physical and social character of a neighborhood,
town, tribe, city, or region around arts and
cultural activities. Creative placemaking
animates public and private spaces,
rejuvenates structures and streetscapes,
improves local businesses viability and public
safety, and brings diverse people together
to celebrate, inspire, and be inspired.
– Ann Markusen and Anne Gawda, National Endowment
Art’s Mayors’ Institute on City Design .2
In line with this definition and the General Plan’s goals for placemaking, the RC Public Art Plan aims to use the placement of public art and cultural programming as a means to link neighborhoods, help increase the vibrancy and economic viability of our cultural centers, and animate public spaces in a way that inspires community members to engage with and take ownership of spaces where they live, work and play.

The RC Public Art Plan will prioritize creative placemaking in both General Plan Update focus areas and other areas of historical and cultural relevance as identified by the RC Public Art Plan outreach.

What is Creative Placemaking?
The Resort, Healthy RC members at The Resort, 2019
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[Placekeeping is] the active care and
maintenance of a place and its social fabric
by the people who live and work there. It is
not just preserving buildings but keeping the
cultural memories associated with a locale alive,
while supporting the ability of local people to
maintain their way of life as they choose.
- U.S. Department of Arts and Culture3
The City of Rancho Cucamonga recognizes the need to equitably honor the diverse cultural heritage of Rancho Cucamonga and amplify voices and cultural legacies that have been erased or marginalized in the past.

Creative Placekeeping provides a framework for this work, keeping the past, present, and future alive as a vibrant part of the identity and growth of the city. These principles will be integrated into RC Public Art through programs and initiatives that aim to preserve and maintain Rancho Cucamonga’s rich development and cultural history for our community members. https://usdac.us/blogac/2017/12/11/creative-placemaking-placekeeping-and-cultural-strategies-to-resist-displacement What is Creative Placekeeping?
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Composition of the
Public Ordinances
The Placemaking & Public Art Ordinance
was established to ensure both the City and
private developers could fund and implement
new public art projects to enhance the City.

This ordinance aims to expand access to public art throughout Rancho Cucamonga . To support this effort, developers subject to the ordinance have three requirement options -
Monies donated to the Public Art Trust Fund will be used to acquire, install, and maintain public art and placemaking programs throughout Rancho Cucamonga . This RC Public Art Plan will establish procedures for commissioning and acquiring public art using Public Art Trust Fund funding and further serves as a resource for artists, the public, and developers.

Applicable Rancho Cucamonga, California Municipal Codes: 17 .124 .010, 17 .124 .020, 17 .124 .030, 17 .124 .040, 17 .124 .050, 17 .124 .060, 17 .124 .070, 3 .72 .010, 3 .72 .020, 3 .72 .030, 02 .26 .010, 02 .26 .020

1. PROVIDE PUBLIC ART
at any development,
that meets or exceeds
the minimum value
as defined in Rancho
Cucamonga Municipal
Code Section
17 .124 .020 .C .

2. DONATE ART
to the City for public
display that meets or
exceeds the required
minimum value of
the art work or a
performance bond for
the same amount and
in a form approved by
the city attorney, or

3. PAY AN IN-LIEU FEE
to the Public Art
Trust Fund equal to
the minimum value
of the art work that
would otherwise
be included in the
development project .

Anish Kapoor, Cloud Gate, 2004, Millennium Park, Chicago, iStock 17

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Integration with Other
Planning Documents
General Plan Update
The RC Public Art Plan was developed to support the General Plan Update, which identifies the need for public art and cultural opportunities in major activity centers to create vibrant, high-value places where community members live, work, and play . The General Plan Update envisions a future where Rancho Cucamonga distinguishes itself as the cultural and economic hub of the Inland Empire, utilizing public art, placemaking, and diverse cultural opportunities to strengthen the culture, history, and character of the City’s distinct neighborhoods and public spaces .

Climate Action Plan
The CAP outlined goals, strategies, and measures to guide the City’s climate resilience strategy through 2040 . Where possible, the RC Public Art Plan outlines the integration of public art into CAP-related projects and prioritizes art placement and art types that minimize environmental impact, inspire and educate the community on climate action, and contribute innovative solutions to the City’s climate action goals .

Healthy RC Strategic Plan
The RC Public Art Plan is rooted in the principles and values of the award-winning Healthy RC program . The RC Public Art Plan has incorporated the values of Healthy RC, such as wellness, inclusion, and innovation, throughout the program objectives . It has set goals that center community-driven art that enhances a sense of place, resilience, and well-being, among all that live, work, and play in the community .

Future Planning Documents and Updates
RC Public Art Staff will collaborate with applicable departments as the City develops new plans or during regular updates to existing plans . This will ensure that the strategies and measures for integrating public art and placemaking projects into City-owned and managed spaces have been considered and are incorporated . Plans include:
• Urban Forestry Management Plan;
• Trail Implementation Plans;
• Parks and Recreation Master Plan;
• Active Transportation Plan; and
• Economic Development Strategic Plan.
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Vision and
VALUES
Our Vision
The RC Public Art vision is to establish
the City of Rancho Cucamonga as
the cultural hub of the Inland Empire
by equitably bringing art to the
public realm that engages, inspires,
and reflects our diverse cultural and
artistic heritage while empowering
the community through a variety of art
and cultural amenities. The RC Public
Art Program should engage artistic
excellence, foster joy, inspire civic
pride, and ignite a sense of wonder
and excitement.

This vision is guided by and supports
the City’s General Plan vision to create
an equitable, sustainable, and vibrant
city, rich in opportunity for all to thrive.

Our Core Values
The core values identified below reflect the public art themes and preferences gathered from the public outreach efforts conducted in 2020 and 2021 . These values will guide the implementation of the first edition of the RC Public Art Plan, which serves as a roadmap to achieving the program’s vision, core values, and goals .

DIVERSITY
RC Public Art will engage a
variety of artistic approaches and
participating artists to encourage
unique contributions to civic life
and reflect our diverse community.

COMMUNITY
RC Public Art will help create a sense of
belonging and connection throughout
the community, prioritizing community-
driven programming that creates new
opportunities for people to experience
and engage with art and artists .

INSPIRATION
RC Public Art will inspire community
connections through the creation of
innovative and vibrant public spaces,
promoting creative expression in all
mediums, fostering community pride
in urban and natural spaces, and
enhancing equitable quality of life .

EQUITY
RC Public Art will support the
City’s goal of equity by providing
the opportunity for everyone to
participate in, or benefit from,
art and cultural amenities and
programming across all areas
of the city .

Community Survey
Rank core values that should guide the Public Art & Placemaking Strategic Plan . 52%

DIVERSITY,

EQUITY &

INCLUSION
39%

FAMILY &

COMMUNITY
34%
UNITY
45%

COMPASSION
& EMPATHY 43%

EDUCATION
Community Forum, Rancho Cucamonga
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GOALS,

STRATEGIES,
AND

MEASURES

STRATEGIES & MEASURES
S1.1 – Curate Core Projects That Support the City’s Commitment to Placemaking Though the Integration of Art Throughout the Community • M1.1.1 Expand the existing temporary exhibit program at City Hall to include additional City facilities, community partners, and artists
• M1.1.2 Establish a murals and mosaics program, prioritizing key locations as identified in the RC Public Art Plan and aligned with General Plan envisioned projects • M1.1.3 Establish an open space and connectivity public art integration program that prioritizes public art in parks, open spaces, and areas used to improve access and connection points for pedestrians and bicycles, as identified in Volume 2 of the General Plan • M1.1.4 Curate a literary art-inspired program and integrate public art and artists in the branch libraries and other City and community partner sites
S1.2 – Engage and Educate the Public on RC Public Art
• M1.2.1 Develop a community engagement work plan that establishes a community engagement calendar, identifies relevant stakeholder groups to facilitate outreach and information sharing, and allocates funding for outreach and engagement efforts • M1.2.2 Create and regularly update a public art map
• M1.2.3 Solicit regular feedback from the community, including historically underrepresented community members, to identify areas of interest for art types and art locations to update planning documents
• M1.2.4 Establish a public art community liaisons program comprised of community members who serve as volunteer public art ambassadors
GOAL 1 PERFORMANCE MEASURES
TARGET YEAR 2025
• Pilot a public art community liaisons program through Healthy RC TARGET YEAR 2030
• Install three (3) permanent murals or mosaics in key priority areas • Install three (3) functional art pieces along existing bike/pedestrian trails • Expand the temporary art exhibit program to one (1) library and two (2) additional City-owned facilities and spaces
The goals, strategies, and measures
outlined in the following section identify
programming and initiatives that should
be prioritized by RC Public Art Staff and
the Public Art Committee when making
recommendations to place art in public
spaces and support the local creative
economy. These goals, strategies, and
measures will help move the City toward
the RC Public Art vision in a manner that
aligns with the core values of diversity,
equity, community, and inspiration.

GOAL 1
Build Awareness and Keep Momentum
Establish the foundation for a world-class public art and placemaking program and the structure to sustain it.

Compassionate Community, Rancho Cucamonga
20

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TARGET YEAR 2025
• Pilot a public art community liaisons program through Healthy RC TARGET YEAR 2030
• Install three (3) permanent murals or mosaics in key priority areas • Install three (3) functional art pieces along existing bike/pedestrian trails • Expand the temporary art exhibit program to one (1) library and two (2) additional City-owned facilities and spaces
TARGET YEAR 2025
• Complete two (2) urban garden
or green space projects
• Complete fifteen (15) utility box wraps
TARGET YEAR 2030
• Complete two (2) Histories of Rancho
Cucamonga projects
GOAL 2 PERFORMANCE

MEASURES

STRATEGIES & MEASURES
S2.1 – Commission Artwork That Enhances People’s Experience in Public Spaces Through Artistic Excellence and Diversity in Creative Expression • M2 .1 .1 Include a minimum of one (1) public art and placemaking project in pedestrian, bike, and trail development projects . Prioritizing functional and environmental art • M2.1.2 Commission a Histories of Rancho Cucamonga series with projects focused on telling the stories of the area known today as Rancho Cucamonga from prehistory to present day .

Projects to be located in focus areas as identified in the Setting Priorities section and aligned with General Plan Update projects
• M2.1.3 Partner with and assist City departments in incorporating public art into capital improvement project proposals implemented by the City
S2.2 – Integrate Public Art into Infrastructure Projects • M2 .2 .1 Formalize and expand the utility box art program into new utility box installations along bike and pedestrian thoroughfares
• M2 .2 .2 Include public art projects in City-run urban design and planning proposals • M2 .2 .3 Integrate public art into City-run transportation infrastructure projects • M2 .2 .4 Incorporate public art into City-run urban gardens and green spaces Tile Wall at Los Amigos Park, 2017 Created by students
of Los Amigos Elementary School, Rancho Cucamonga
Raccoon Misters at Los Amigos Park, 2017 , Rancho Cucamonga GOAL 2
Art in Infrastructure
Integrate a variety of vibrant and engaging public art throughout the city. 21

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Rancho Cucamonga City CouncilApril 5, 2023

Rancho Cucamonga City Council
April 5, 2023