San Dimas City Council
October 8, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY OCTOBER 8, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE

RECOGNITION

1. City Presentation to City Manager Chris Constantin

2. Members of the Public to Address City Manager Chris Constantin ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 2024­71, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of September 30, 2024 in the amount of $311,503.39 and Warrant Register of October 15, 2024 in the amount of $475,606.25.

CC2. Approve the Minutes of the September 24, 2024, City Council Meeting CC3. Deny Claim Latham v. City of San Dimas CJP3051075 WRV

CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 2024­71, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of September 30, 2024 in the amount of $311,503.39 and Warrant Register of October 15, 2024 in the amount of $475,606.25.

CC2. Approve the Minutes of the September 24, 2024, City Council Meeting CC3. Deny Claim Latham v. City of San Dimas CJP3051075 WRV CC4. Deny Claim Watson v. City of San Dimas CJP3052418
CC5. Adopt Resolution 2024­73 Approving the First Amendment to the Lease Agreement between Vincenzo's Terrazza and the City of San Dimas to Extend the Lease Term by 1 year and Reduce the Monthly Rent to $4,200 for Restaurant Space at the Walker House located at 121 N. San Dimas Avenue.

CC6. Adopt Ordinance 1315 Approving Zone Change 24­03 and Municipal Code Text Amendment 24­08; to Change the Zoning Designation of Three Parcels (The Trails at San Dimas Apartments), Specifically the Southern Portion of the Parcels Via An Overlay Zone from MF­15 to MF­25, and Amend Title 18 to Allow Multi­family Residential (12­16 DUA) in Specific Plan 23, Area I and Reflect the Proposed Land Use and Zoning Designation Changes, and Associated Code Clean­ups As Required.

CC7. Adopt Ordinance 1312 Approving Zone Change 24­02 and Municipal Code Text Amendment 24­07, a Request to Change the Zoning Designations of Various Parcels Within the Boundaries of the Proposed Downtown Specific Plan and Amend Title 18 to Create a New Downtown Specific Plan Chapter, Amend Chapter 18.140 Creative Growth Zone, and Associated Clean Up Items as Required.

CC8. Award an Annual Striping Maintenance Contract to Superior Pavement Markings Inc.; in an Amount Not to Exceed $300,182 for Fiscal Year 2024­2025, $150,000 for Fiscal Year 2025­ 2026, with One Optional Two­Year Extension in an Amount Not to Exceed $150,000 Per Fiscal Year; Authorize the City Manager to Execute the Maintenance Contract with Superior Pavement Markings, Inc. in a Form Approved by the City Attorney; and Approve Contract Specifications Which are on File in the Public Works Department.

CC9. Approve the County of Los Angeles Traffic Signal Synchronization (TTSP) Cooperative Funding Agreement for Arrow Highway and Authorize the City Manager or his Designee to execute the Agreement
CC10. Approve a Multiyear Agreement with Sharp Business Systems to Provide Citywide Multifunctional Device (MFD) Equipment and Managed Print Services (MPS) under the National Association of State Procurement Officials (NASPO) Master Agreement #188627 and Contract #7­24­20­46­0 and Authorize the City Manager, or designee, to Enter into an Agreement with Sharp Business Systems for Citywide Copier Service and Leased Equipment Not to Exceed $200,000 over Sixty (60) months.

CC11. Denial of Resolution 2024­27 for LM 21­0001, DPRB 21­0002 and TRP 21­0004 for the Development of a 63,749 Square Foot Warehouse/Office Multi­tenant Building on a 2.58­acre Site Located at the Northwest Corner of Cataract Avenue and Allen Avenue (309 W. Allen Avenue, 917 N. Cataract Avenue, And 929 N. Cataract Avenue) APN’s 8392­016­008, ­048, and ­047.

CC12Proclamation“CodeComplianceOfficerAppreciationWeek”

Multifunctional Device (MFD) Equipment and Managed Print Services (MPS) under the National Association of State Procurement Officials (NASPO) Master Agreement #188627 and Contract #7­24­20­46­0 and Authorize the City Manager, or designee, to Enter into an Agreement with Sharp Business Systems for Citywide Copier Service and Leased Equipment Not to Exceed $200,000 over Sixty (60) months.

CC11. Denial of Resolution 2024­27 for LM 21­0001, DPRB 21­0002 and TRP 21­0004 for the Development of a 63,749 Square Foot Warehouse/Office Multi­tenant Building on a 2.58­acre Site Located at the Northwest Corner of Cataract Avenue and Allen Avenue (309 W. Allen Avenue, 917 N. Cataract Avenue, And 929 N. Cataract Avenue) APN’s 8392­016­008, ­048, and ­047.

CC12. Proclamation – “Code Compliance Officer Appreciation Week” CC13. Approve Resolution 2024­74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program; Authorize the City Manager, or designee, to Execute the Appropriate Agreement to Implement the Conversion on a Form Acceptable to the City Attorney; and Appropriate $3,400,000 in the General Fund Account Number 001­ 395­001 for the Receipt of Funding from Foothill Transit Authority and Appropriate $4,000,000 of Proposition A Expenditures to Account 072­4120­020­001 for the Cost of the Exchange. Assign $3,400,000 of Available General Fund Balance for Downtown Specific Plans Projects on Public and Quasi­Public Land
CC14. Appointment of  Brad McKinney as City Manager and Approve the City Manager Employment Agreement
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

PUBLIC HEARING ITEMS
PH1. Discussion and Consideration of Ordinance 1316 to Approve Municipal Code Text Amendment 24­03, A request to Amend Title 18 of the San Dimas Municipal Code to Create Standards for Outdoor Dining and Seating Areas along with Associated Clean Up Items as Required.

RECOMMENDATION: Staff and Planning Commission recommend the City Council:

Conduct a Public Hearing to receive public input.

Introduce Ordinance 1316 approving Municipal Code Text Amendment 24­03, a request to amend Title 18 of the San Dimas Municipal Code to create standards for outdoor dining and seating areas along with associated clean up items as required.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates

(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CLOSED SESSION ITEMS

1. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Brad McKinney, Assistant City Manager; Cecilia Todd, Human Resources Manager; Michael Huston, Assistant City Attorney; Colin Tanner, Labor Counsel.

Employee organization: International Brotherhood of Teamsters, Local 848 representing General, Professional, and Managerial employees.

2. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Michael Huston, Assistant City Attorney; Colin Tanner, Labor Counsel.

Unrepresented employees: Directors and Confidential Unit

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on October 4, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

October 4, 2024
Debra Black
Debra Black, City Clerk Page 4
a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on October 4, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

October 4, 2024
Debra Black
Debra Black, City Clerk Page 5
RESOLUTION 2024-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR SEPTEMBER 30 AND OCTOBER 15
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of September 30, 2024 in the amount of $311,503.39 and Warrant Register of October 15, 2024 in the amount of $475,606.25.

PASSED, APPROVED AND ADOPTED this 8th, day of October 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-71 was approved by vote of the City Council of the City of San Dimas at its regular meeting of October 8th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
SEPTEMBER 24, 2024,
CLOSED SESSION 5:30 PM
REGULAR SESSION 7:00 PM
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administration Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Senior Planner Anne Moore, Planning Manager, Marco Espinoza
Call to Order: 5:30 PM

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
The City Council returned to closed session
following the open session agenda.

Following the closed session, the City
Attorney made a public announcement as
follows: The City Council met in closed
session and discussed closed session item
numbers 1 and 2 listed on the agenda. With
respect to item number 1, the City Council
unanimously voted to accept the notice of
resignation dated September 2, 2024,
submitted by City Manager Chris Constantin
who will be leaving San Dimas for another
city. With respect to item number 2, the City
Council gave direction to staff on that item,
but no reportable action was taken.

2. CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative: Jeff
Malawy, City Attorney
Unrepresented Employee: City Manager

3. CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: 2100 Terrebonne Avenue, San
Dimas, CA 91773
Agency negotiators: Chris Constantin, City
Manager; Brad McKinney, Assistant City
The City Attorney announced that the Council
meet and discussed items 3,4,5 with no
reportable action taken- items 1 and 2
considered after the regular session.

Approve the Minutes of the September 24, 2024, City Council Meeting Page 2 For the Meeting of October 8, 2024
Manager; Scott Wasserman, Parks &
Recreation Director; Joseph Jones, Parks
& Recreation Manager; Jeff Malawy, City
Attorney.

Negotiating parties: American Golf
Corporation and City of San Dimas
Under negotiation: Price and terms of
payment.

4. CONFERENCE WITH LABOR

NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris
Constantin, City Manager; Brad McKinney,
Assistant City Manager; Cecilia Todd,
Human Resources Manager; Jeff Malawy,
City Attorney; Colin Tanner, Labor
Counsel.

Employee organization: International
Brotherhood of Teamsters, Local 848
representing General, Professional, and
Managerial employees.

5. CONFERENCE WITH LABOR

NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris
Constantin, City Manager; Jeff Malawy,
City Attorney; Colin Tanner, Labor
Counsel.

Unrepresented employees: Directors and
Confidential Unit

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024-66, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of September 30,
2024, in the amount of $1,164,301.55.

2. Approve the Minutes of the September
10, 2024, City Council Meeting

3. Deny Claim Brown v. City of San Dimas
CJP 3051802 WRV

4. Award An Annual Striping Maintenance
Contract to Superior Pavement Markings
Inc.; in an Amount Not to Exceed
$300,182 for Fiscal Year 2024-2025,
$150,000 for Fiscal Year 2025-2026, With
One Optional Two-Year Extension in an
Amount Not to Exceed $150,000 Per
Fiscal Year; Authorize the City Manager
Public Works pulled item 4. It will be
presented at the October 8, 2024, meeting.

Mayor Pro Tem Nakano requested
clarification on consent items 5 and 7.

MOTION: Motion by Councilmember Vienna
and Councilmember Weber to approve the
remaining consent calendar. Motion carried
5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

Approve the Minutes of the September 24, 2024, City Council Meeting Page 3 For the Meeting of October 8, 2024
to Execute the Maintenance Contract with
Superior Pavement Markings, Inc. in a
Form Approved by the City Attorney; and
Approve Contract Specifications Which
are on File in the Public Works
Department.

5. Housing Authority – Consideration and
Approval of the Program Guidelines for
the Charter Oak Mobile Home Estates
Safety Barrier Fence Improvement
Program.

6. Receive and File the August 2024
Investment Report

7. Approve Resolution 2024-67 Authorizing
an Emergency Exception to Procurement
Regulations, Authorizing the City
Manager or Designee to Execute
Agreements for the Replacement of the
Hot Water Holding Tank at the Recreation
Center, and Approving an Expenditure
Not to Exceed $100,000

PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS

2. Adopt Resolutions 2024-68, 2024-69,
Urgency Ordinance 1311 and Introduce
Ordinance 1312 for Zone Change 24-02,
Municipal Code Text Amendment 24-07, and
General Plan Amendment 24-02 to Amend the
Land Use and Zoning Designations of Various
Parcels Within the Boundaries of the
Proposed Downtown Specific Plan, Amend
Title 18 to Create a New Downtown Specific
Plan Chapter, Amend Chapter 18.140
Creative Growth Zone, and Associated Clean
Up Items as Required, Along with an
Environmental Impact Report for the Approval
of the Downtown Specific Plan which will
Establish Planning and Zoning Framework for
the Development and Redevelopment of the
Downtown Area Over the Next 20 Years.

This item was taken first.

Mayor opened the public hearing.

Speaker #1 John Ebiner spoke in support of
the proposal but expressed concerns on the
density.

Speaker #2 Josie Norman expressed
concerns with the proposal.

MOTION: Motion by Councilmember
Bratakos seconded by Mayor Pro Tem
Nakano to approve Resolution 2024-68
certifying the Final EIR for the Downtown
Specific Plan. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
adopt Urgency Ordinance 1311 with the
reduced density alternative. Motion carried
5-0.

Approve the Minutes of the September 24, 2024, City Council Meeting Page 4 For the Meeting of October 8, 2024
Yes: Badar, Bratakos, Nakano, Vienna, and
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
introduce Ordinance 1312 amended with the
reduced density alternative. Motion carried
5-0.

Yes: Badar, Bratakos, Nakano, Vienna, and
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to
adopt Resolution 2024-69 with the modified
reduced density alternative density as
needed. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None
Recess: 8:43 PM
Reconvene: 8:53 PM

1. Adopt Urgency Ordinance 1314,
Introduce Regular Ordinance 1315, and
Adopt Resolution 2024-70 for General
Plan Amendment 24-03, Zone Change
24-03 and Municipal Code Text
Amendment 24-08 to Amend the General
Plan Land Use Designation of Three
Parcels (The Trails At San Dimas
Apartments) from Medium Residential
(8.1 - 12 Dua) and Commercial to a Newly
Created Land Use Designation of High II
(16.1 – 25 Dua), and Amend the General
Plan Land Use Designation of the Various
Parcels within Specific Plan 23 from
Industrial to a Newly Created Land Use
Designation of Mixed-Use
Residential/Industrial; Change the Zoning
Designation from MF-15 To MF-25 of
This item was taken second.

Mayor opened and closed the public hearing
due to no speakers.

MOTION: Motion by Councilmember
Bratakos seconded by Councilmember
Vienna to adopt Urgency Ordinance 1314.

Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna and
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to

Approve the Minutes of the September 24, 2024, City Council Meeting Page 5 For the Meeting of October 8, 2024
Three Parcels (The Trails At San Dimas
Apartments); and (2) Amend Title 18 to
Allow Multi-Family Residential (12-16
Dua) in Specific Plan 23 and Reflect the
Proposed Land Use and Zoning
Designation Changes, and Associated
Code Clean-Ups as Required.
adopt Resolution 2024-70. Motion carried 5-

0. Yes: Badar, Bratakos, Nakano, Vienna and
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber
to introduce Ordinance 1315 with the change
made by the Planning Commission. Motion
carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna and
Weber
No: None

Absent: None
Abstain: None

3. Discussion and Consideration to Adopt
Resolution 2024-27, 2024-28 and Introduce
Ordinance 1313 Approving ZC 21-0001 LM
21-0001, DPRB 21-0002 and TRP 21-0004
with a Mitigated Negative Declaration for the
Development of a 63,749 Square Foot
Warehouse/Office Multi-tenant Building on a

2.58-acre Site Located at the Northwest
Corner of Cataract Avenue and Allen Avenue
(309 W. Allen Avenue, 917 N. Cataract
Avenue, And 929 N. Cataract Avenue) APN’s
8392-016-008, -048, and -047.

Mayor Badar opened the public hearing due
to no speakers.

Speaker #1 Marjan Abubo spoke on behalf
of SAFER who opposes the Enviornmental
Impact Report analysis of the Mitigated
Negative Declaration.

Speaker #2 John Ebiner shared comments
regrading housing affordability with this
project.

Speaker #3 Ignacio Crespo Architect asked
for Council’s approval for the project.

Speaker #4 David Armbruster with Attorney
for the applicant commented on there being
no substantial evidence on the letter
submitted by SAFER.

With no further comments the Mayor closed
the public hearing.

MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to
deny zone change outlined in the
recommendation 21-0001, bring back 2024-
27 as a resolution of denial. Motion carried
5-0.

Approve the Minutes of the September 24, 2024, City Council Meeting Page 6 For the Meeting of October 8, 2024
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of City-Wide Special Events
(Music in the Park, City Birthday, Runnin'
Scared 5k, and Holiday Extravaganza
This item will be rescheduled to a future
meeting.

CITY REPORTS COMMENTS/RECOMMENDATIONS

1. City Manager City Manager Constantin commented on a
proposed bill, AB 98, that could affect
development of certain types of industrial
and/or commercial property. Staff will be
scheduling a discussion in the future.

2. City Attorney None.

3. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Request by Councilmember Vienna
supported by Mayor Pro Tem Nakano to
direct staff to research the topic of
panhandling and provide a presentation on
potential partnerships or creating a nonprofit
to abate panhandling through community
service.

The meeting was adjourned at 12:05 a.m.

I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
September 26, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Latham vs. San Dimas
Claimant : Cynthia Latham
Member : City of San Dimas
Date Rec’d by Mbr : 3/14/24
Date of Event : 3/14/24
CW File Number : CJP-3051074 WRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

arch 14, 2024

EIDNER'S COLLISION CENTER -

GLENDORA
Workfile ID:

PartsShare:

Federal ID:

State EPA:

BAR:
aea6f7b5
95-2582951
CAL000267233
ARD00188851
Providing an "Extraordinary Repair Experience"
1949 Auto Centre Dr., Glendora, CA 91740
Phone: ( 909) 305-0745
Estimate
RO Number:

Customer: Insurance: Adjuster: Estimator: Victor Gonzalez LATHAM, CYNTHIA CUSTOMER PAY Phone: Create Date: 3/14/2024 Deductible:
2018 HOND Civic Sedan LX w/Continuously Variable Transmission 4D SED 4-2.0L Gasoline Sequential MPI WHITE VIN: Interior Color: Mileage In: 60,925 Vehicle Out:

License: Exterior Color: WHITE Mileage Out:

State: Production Date: 4/2018 Condition: Job #:

Line Ver Operation Description Qty Extended
Price $
Part
Type
Labor $ Type Paint
1 E01 FRONT BUMPER & GRILLE
2 E01 Remove/ Install R&I bumper cover 152.00 Body
3 E01 FRONT LAMPS
4 E01 Remove/ Install LT R&I headlamp assy 28.50 Body
5 E01 Remove/ Install LT Marker lamp assy 9.50 Body
6 E01 Remove/ Replace Aim headlamps OEM 47.50 Body
7 E01 HOOD
8 E01 Remove/ Install R&I hood assy 57.00 Body
9 E01 Repair Hood US, CAN built 665.00 Body 266.00
10 E01 Add for Clear Coat 104.50
11 E01 Fill Sand And Feather 1 7.50T Other 95.00 Body
12 E01 Remove/ Install Insulator 19.00 Body
13 E01 Remove/ Replace Insulator clip 4 1.60T OEM
14 E01 FENDER
15 E01 Repair LT Fender 285.00 Body 171.00
16 E01 Overlap Major Adj. Panel ( 38.00)
17 E01 Add for Clear Coat 28.50
18 E01 Fill Sand And Feather 1 7.50T Other 95.00 Body
19 E01 Remove/ Install LT Fender liner US, CAN built w/o Touring

28.50 Body
20 E01 Remove/ Replace LT Fender liner clip # 2 6 19.68T OEM 21 E01 Remove/ Replace LT Fender liner clip # 3 3 10.41T OEM 22 E01 COWL
23 E01 Remove/ Install Cowl grille 66.50 Body
24 E01 PILLARS, ROCKER & FLOOR
25 E01 Remove/ Install LT Rocker molding 133.00 Body
T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re-cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural
3/14/2024 4:38:10 PM Page 1
7QVNy8
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Estimate
RO Number:
2018 HOND Civic Sedan LX w/ Continuously Variable Transmission 4D SED 4-2.0L Gasoline Sequential MPI WHITE 26 E01 ***
27 E01 Repair Pre repair scan 97.00 Mech
28 E01 Repair Post repair scan 97.00 Mech
29 E01 Repair Color Match 47.50 Body
30 E01 Mask for primer 1 8.00 Other 19.00 Body
31 E01 Mask Jambs For Overspray 1 5.00T Other 28.50 Body 32 E01 Mask For Paint 1 12.00T Other 47.50 Body
33 E01 Repair De-Nib And Polish 38.00 Body
34 E01 Repair Disconnect & Reconnect Battery 19.00 Body 35 E01 Hazardous Waste Disposal 1 5.00 Other
Estimate Totals Discount $ Markup $ Rate $ Total $
Parts 63.69
Labor, Body 95.00 1,881.00
Labor, Refinish 95.00 532.00
Labor, Mechanical 194.00 194.00
Material, Paint 75.00 420.00
Miscellaneous 13.00
Subtotal 3,103.69
Sales Tax 49.58
Grand Total 3,153.27
Net Total 3,153.27
Estimate Version Total $
Original 3,153.27
Insurance Total $: 0.00
Received from Insurance $: 0.00
Balance due from Insurance $: 0.00
Customer Total $: 3,153.27
Received from Customer $: 0.00
Balance due from Customer $: 3,153.27
Perform diagnostic scan, Disassemble & Inspect vehicle for damage & prepare estimate.

Note: disassembly will prevent reassembly of vehicle to condition as received.

I authorize Seidner's Collision Center to perform any neccessary pre-repair processes, disassembly and perform a required diagnostic scan to the above-mentioned vehicle in the amount of $________.

If vehicle is repaired at Seidner's Collision Center no disassembly & inspection fee will be charged. I understand that payment in full is due upon release and removal of vehicle. I also understand all payments will be made in cash, cashier’s check, money order, Discover, Visa, or MasterCard unless other arrangements are made in advance. I hereby grant you, your employees, and/ or subcontractors’ permission to operate or repair the vehicle herein described; for the purpose of testing and/ or repairs. I further agree that Seidner's Collision Center will not be responsible for loss or damage to the vehicle or articles left in the vehicle in case of fire, theft, accidents or other caused beyond our control. You are expressly authorized to dispose of any parts except those noted below. I hereby grant you power of attorney to sign any checks, drafts, proofs of loss or any other documents necessary to facilitate repairs and payment for the repairs of this vehicle. Vehicles determined to be a total loss, or not repaired in our facility will incur storage charges beginning the day the vehicle is dropped off and ends when the vehicle is removed. Additionally, any charges incurred by Seidner’s T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re-cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural 2Click 3/14/2024 4:38:10 PM Page to buy NOW! PD
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Estimate
RO Number:
2018 HOND Civic Sedan LX w/ Continuously Variable Transmission 4D SED 4-2.0L Gasoline Sequential MPI WHITE Collision Centers such as towing, advanced storage charges, etc., will be charged to the above-mentioned customer. Storage rates will be $ 105.00 per day. Storage charged for vehicles repaired will begin 48 hours after repairs are completed. I have removed all of my personal belongings and valuables from the vehicle ___________ ( Initial)
X_______________________________________________________ Date _______________ I have received a copy of the SCC Notice of Collection Policy. __________________________ ( Intials) T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re-cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural 3Click 3/14/2024 4:38:10 PM Page to buy NOW! PD
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PO Box 2411, Tustin, CA 92781
T: 657-622-4323 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
September 27, 2024
TO: City of San Dimas
ATTENTION:

RE: Claim : Darrel Watson vs. San Dimas
Claimant : Darrel Watson
Member : Loma Linda
Date Rec’d by Mbr : 9/17/2024
Date of Event : 9/6/2024
CW File Number : CJP-3052418
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Kissa Thompson
Kissa Thompson
Sr. Claims Examiner

EP 1 7 2024
CITY Of= SkIV 1] I+',1FS -.. ADMf1, TWATfo" J
City Clerk Stamp

CLAIM AGAINST THE CITY OF SAN DIMAS
For damages to Persons or Personal Property)
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Received by via A US MAIL Inter -Office Mail 0Over the Counter A claim must be filed with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002

TO THE HONORABLE MAYOR & CITY COUNCIL, THE CITY OF SAN DIMAS, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persona and/ or personal property:

1. Name of Claimant
Address of Claima
b. Telephone Number( Date of Birth
Name, telephone and post office address to which claimant desires notices tobe sent If other than above: 3.

Occurrence or event from which the claim arises: a.

Date b. Time a. m./ p. m. c.

Place ( exact & specific location) 51" VWK40S t p& I' lI d.

How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage Use additional paper if necessary) -J- kv- 0, avk oye1- n k 5kw1 tV Vile Glv r `+G - ryM W r "e- a hdySG A[jck:_ 48W and Sbc jqt,+ 1i ih q w Jc can, 1eAope, La%Le-Jtmr hat wgwtnu rrecweJ t1 Pc 1 irAvu ( asp t 9, + Vavep% 4 VOA- W unn vv 1 l paw Ave. b0 cLnrg pivji- an, a v4 aisv h ews] rr.+ e.

What particular action by the City, or its employees, caused the alleged damage orinjury? l
C1Gt9SY n a."rr— yc,r gtue+ nk0. IC r5r rszl pralp

4. Give a description of the injury, property damage or loss, so far as is known at the time of this claim. If there were no injuries, state no injuries .
tl. 1 ciil 400 b, UUS.

5. Give the name( s) of the City employee( s) causing the damage or injury:
g1A6. Name and address of any other person injured:
t,ijt7. Named address of the owner of any damaged property:

S. Damages claims:
a. Amount claimed as of this dateb. Estimated amount of future costs:
c. Total amount claimed: W. 60
d. Basis for computation of amounts claimed ( attach copies of all bills, invoices, estimates, etc.)

9. Names and addresses of all witnesses, hospitals, doctors, etc. c.
d.

10. Any additional information that might behelpful inconsidering this claim: fkSc VIAI Clucw- 4t- Sa( Cr 1MLfl, S&LJ lbey pbur tkrtuI tk Abuy41- pmb[ y at -id . Scaikv4 CA."' 4- P aLL 1' l hA be Ir ta' i WARNING: IT
IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! ( Penal Code 72; Insurance Code § 556.1) I have
read the matters and statements made inthe above claim and 1know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this - day of „ _ 20 2w at a { 3 Claimant' s
signature

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopt Resolution 2024-73 Approving the First Amendment to the Lease Agreement between Vincenzo's Terrazza and the City of San Dimas to Extend the Lease Term by 1 year and Reduce the Monthly Rent to $4,200 for Restaurant Space at the Walker House located at 121 N. San Dimas Avenue. ____________________________________________________________________________

SUMMARY
The First Amendment to the Lease Agreement between the City of San Dimas and Vincenzo’s Terrazza would extend the Lease term by 1 year and reduce the monthly rent to $4,200.

RECOMMENDATION
Staff recommends the City Council:

1. Adopt Resolution 2024-73 Approving the First Amendment to the Lease Agreement for Vincenzo’s Terrazza for a 1-year term in the Amount of $4,200.00

FISCAL IMPACT
The fiscal impact is dependent on City Council action. If the City Council approves the recommended action, the fiscal impact will be a loss of $18,300 in future revenue in 2024, $24,000 in 2025, and $24,000 in 2026. The City will continue to collect monthly rent of $4,200, which will generate annual revenue of $50,400 and sufficient to pay for upkeep of the Walker House.

BACKGROUND
Vincenzo’s Terrazza, Inc. (Tenant) entered into a contract with the City of San Dimas (Landlord) on April 23, 2023, to operate a restaurant in the Walker House. The restaurant provides lunch Monday, Wednesday, Thursday and Friday 11:30 a.m. to 2:30 p.m.; brunch on Saturday and

Approve the First Amendment to the Agreement between Vincenzo's Terrazza and the City of San Dimas to Reduce the Monthly Rent to $4,200. Page 2
For the Meeting of October 8, 2024
Sunday, 10:30 a.m. to 2:00 p.m.; and dinner Monday - Thursday, 5:00 - 9:00 p.m. and Friday and Saturday night, from 5:00-10:00 p.m. The current Agreement is set to expire April 30, 2026.

For the first six months of the contract, the tenant did not pay rent but was responsible for covering the cost of utilities associated with restaurant operations. As the contract term progressed, the base rent increased gradually, starting at $4,200 on November 1, 2023; increasing to $5,500 February 2024 through April 2024; and rising to $6,300 from May 1, 2025 through April 2026.

In April 2024, Vincenzo’s Terrazza was paying monthly rent of $5,500 when it requested a reduction of $2,000, to $3,500 per month.

DISCUSSION/ANALYSIS
The Walker House was within a restaurant since 2020 when its previous occupant shut down operation. Expanding restaurant options remains a priority for residents, so the initial lease with Vincenzo’s was welcomed. Without a restaurant, the City fully incurs the cost of maintaining the Walker House as well as paying for utilities costs to facilitate the continued operation of the San Dimas Historical Society on the 2nd floor. The goal of retaining a restaurant while offsetting the total cost of ownership of the Walker House is in the interest of the City and its residents.

The Tenant identified several obstacles associated with operating in the Walker House that are the basis for her request to lower the monthly rent. These include higher-than-expected utility bills, a downward trend in restaurant spending and the absence of a liquor license provided by the Alcohol Beverage Control (”ABC”). The Tenant is in the process of applying for a liquor license that will allow Vincenzo’s to sell hard liquor that could potentially generate approximately $1,000 per month in revenue.

City staff reviewed financial information related to the restaurant and determined that it is reasonable to accommodate a monthly rent reduction to ensure continued operations of the restaurant. While the City can choose to enforce the current agreement and rental rate, the best interest is to offset cost of maintaining the building while retaining another restaurant in the downtown.

City staff recommends establishing the monthly rent at $4,200 for the duration of the contract, as this is the lowest monthly rent contemplated in the original rental agreement. Implementing this rent reduction would result in a future revenue loss of $18,300 for the City in 2024, $24,000 in 2025 and $24,000 in 2026. The base rent would be subject to CPI increases effective January of each year for the remaining term of the Lease Agreement. Additionally, Vincenzo’s continues to make utility reimbursement payments to the City for all primary utilities serving the restaurant space. Vincenzo’s is also expected to continue generating sales tax revenue for the City in 2024.

With the base rent set at $4,200, annual CPI increases and utility reimbursement payments, these revenues would help cover the ongoing maintenance of the Walker House, including necessary painting of the façade and minor repairs.

Section 4.1(c1) of the Lease Agreement between the City of San Dimas and Vincenzo’s Terrazza provides for Tenant and Landlord to enter into negotiation to evaluate changes to Section 4.1 (Rent) to be effective May 1, 2024. The intent of this provision is to allow the two parties to renegotiate changes to the rent and to re-state Section 4.1. For this reason, staff is recommending that the proposed Amendment 1 be made effective retroactively to May 1, 2024.

Approve the First Amendment to the Agreement between Vincenzo's Terrazza and the City of San Dimas to Reduce the Monthly Rent to $4,200. Page 3
For the Meeting of October 8, 2024
The proprietor of Vincenzo’s Terrazza is confident that she can continue to provide restaurant services in the facility if the rent is lowered to $4,200 per month. If approved by the City Council, the reduction of monthly rent to $4,200 will be effectuated retroactively to begin in May, 2024.

ALTERNATIVES
The City Council could decide not to extend the term of the Lease Agreement or to reduce the monthly rental rate from $5,500 to $4,200. Under this scenario, Vincenzo’s Terrazza would continue to face financial challenges in operating the restaurant and would be required to continue to pay the current rental rates contemplated in the original Lease Agreement. It is also possible that the restaurant could not sustain operations without the recommended rent reduction.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Resolution 2024-73

2. Amendment 1- Agreement Between City of San Dimas and Vincenzo’s Terrazza, Inc.

3. Lease Agreement between the City of San Dimas and Vincenzo‘s Terrazza, Inc.

ATTACHMENT 1
RESOLUTION 2024-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF

LOS ANGELES, APPROVING FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN DIMAS AND VINCENZO’S TERRAZA
WHEREAS, the City of San Dimas is the owner of that certain real property located at 121 North San Dimas Avenue, San Dimas, 91773, consisting of parcel (APN-8387-011-904) (“Property) and described in Exhibit A;
WHEREAS, the City of San Dimas desires to make the Walker House available as a community asset to San Dimas residents;
WHEREAS, the City of San Dimas and Vincenzo’s Terrazza signed a Lease Agreement on April 23, 2023 to allow Vincenzo’s Terrazza to operate a restaurant in the Walker House; WHEREAS, the original lease proposed gradually escalating monthly rent of $0 months 1-6; $4,200 months 7-9; $5,500 months 10-12; $6,000 months 13-24; and $6,300 months 25-36; WHEREAS, the proposed First Amendment to the Lease Agreement between the City of San Dimas and Vincenzo’s Terrazza would: i) extend the initial lease term for one additional year (i.e. until April 30, 2027) and ii) reduce the monthly rent to $4,200 effective beginning May 1, 2024, subject to annual consumer price index increases effective March 1 of each year during the term.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Dimas does hereby resolve that:

SECTION 1. The City Council of the City of San Dimas hereby approves the First Amendment to the Lease Agreement between the City of San Dimas and Vincenzo’s Terrazza, substantially in the form attached hereto and subject to City Attorney approval.

SECTION 2. The City Manager is authorized to execute the First Amendment to the Lease Agreement.

SECTION 3. The City Clerk shall attest and certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 8th day of October, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk

Resolution 2024-73 Page 2
First Amendment to Lease Agreement Between San Dimas and Vincenzo’s Terraza October 8, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-73 was approved by vote of the City Council of the City of San Dimas at its regular meeting of October 8, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Debra Black, City Clerk

Resolution 2024-73 Page 3
First Amendment to Lease Agreement Between San Dimas and Vincenzo’s Terraza October 8, 2024

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of San Dimas, County of Los Angeles, State of California, legally described as follows:

ALL OF LOTS 445, 448 AND 451 , AND THE EAST ONE-HALF OF LOT 454 OF THE

TOWN OF SAN DIMAS, IN THE CITY OF SAN DIMAS, AS PER MAP RECORDED IN BOOK 16, PAGES 53 AND 54 OF MAPS. 0M THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

01171.0020/1020049.1
1 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN DIMAS AND VICENZO’S TERRAZZA, INC.

This FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN DIMAS AND VICENZO’S TERRAZZA, INC. (the "First Amendment") is made and entered into this _______ day of October, 2024, by and between the CITY OF SAN DIMAS, a municipal corporation (herein "City") and VICENZO’S TERRAZZA, INC., a California corporation (herein "Tenant”).

RECITALS
WHEREAS, City and Tenant entered into that certain Lease Agreement (the "Lease") on or about April 13, 2023 for the lease of the building located at 121 North San Dimas Avenue; and WHEREAS, Landlord is the owner of that certain real property located at 121 North San Dimas Avenue, San Dimas, CA 91773 consisting of parcel (A)PN 8387-011-904 (“Property”) and described in Exhibit A.

WHEREAS, Section 4.1(c1) of the Lease provides the following with respect to renegotiation:
“Renegotiation: Tenant and Landlord will enter into negotiation to evaluate changes to Section 4.1 to be effective May 1, 2024. If both parties mutually agree, an amendment shall be completed restating Section 4.1 (d, e, and f). If by April 30, 2024, a mutual agreement, approval by City Council, and execution cannot be completed by April 30, 2024, the Lease shall continue as provide by Section 4.1 d, e, and f . . . [;]” and
WHEREAS, it is the desire of the City and the Tenant to amend the Lease as set forth in this First Amendment to: i) extend the initial lease term for one additional year (i.e. until April 30, 2027) and ii) reduce the monthly Base Rent to $4,200 effective beginning May 1, 2024, subject to annual consumer price index increases to be effective January 1 of each year during the Lease term.

AGREEMENT
NOW, THEREFORE, it hereby agreed that the Lease is amended in the following particulars only:

SECTION 1. Section 2.1 of the Lease, “Lease Term”, is amended to read as follows (deleted text in strikethrough and added text in bold italics):
“2.1 Lease Term. This Lease shall commence on April 15, 2023 ("Effective Date") and terminate three (3) four (4) years thereafter on April 30, 2026 2027 ("Termination Date"). The period between the Effective Date and the Termination Date is hereinafter referred to as the "Initial Term" which may be extended pursuant to Section 2.2. "Lease Term" shall mean the Initial Term and any extension thereof pursuant to Section 2.2.” SECTION 2. Section 4.1 of the Lease, “Rent”, subsections (d) through (f) shall be amended to read as follows, with subsection (g) of the Lease re-lettered to subsection (f):

ATTACHMENT 2

01171.0020/1020049.1
2 “(d) May 1, 2024 to April 30, 2027: Effective May 1, 2024, Tenant shall pay Base Rent equal to Four Thousand Two Hundred Dollars ($4,200) per month and Utility Reimbursement.

However, effective in March 1 of each year during the term of the Lease (beginning March 1, 2025), including any Option to Extend exercised in accordance with Section 2.2, the Base Rent shall be increased by a percentage equal to the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles area, based on the CPI-U year-to-year change for January of that year.
(e) Options to Extend: If an Option to Extend is exercised in accordance with Section 2.2, the Rent for the Option Period(s) shall be no less than the Base Rent equal to such listed in Sections 4.1(d), except as otherwise agreed by Lease Agreement amendment executed by Landlord and Tenant.”
SECTION 3. All references in the Lease to Section 4.1(f) shall be revised to refer to Section

4.1(e). All references in the Lease to Section 4.1(g) shall be revised to refer to Section 4.1(f).

SECTION 4. Except as expressly provided for in this First Amendment all other provisions of the Lease shall remain in full force and effect.
[Signatures on the next page.]

01171.0020/1020049.1
3 IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the date first written above.

CITY:

City of San Dimas
By: _________________________________
Chris Constantin, City Manager
ATTEST:
_________________________________
Debra Black, City Clerk
Dated: _____________, 2024
APPROVED AS TO FORM:
________________________________
Jeff, City Attorney
TENANT:

VINCENZO’S TERRAZZA, INC., a California
corporation
By: ________________________________
Name: Kathleen Patricia Carrano
Title: Chief Executive Officer
By: ________________________________
Name: Anthony Fabio Carrano
Title: Secretary
[END OF SIGNATURES]

£488308
This page is part of your document DO NOT DISCARD 20230288860 Pages: 0036
Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 05/03/23 AT 02:11PM
FEES: 0.00

CITY OF SAN DIMAS ADMINISTRATION
TAXES: 0.00
MAY -8 2023 GBIVE OTHER 0.00
PATD: 0.00

LEADSHEET
202305032930021
00023406966
014049870
SEQ: 01
DAR Mail (Intake)

THIS FORM IS NOT TO BE DUPLICATED
ATTACHMENT 3

Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Marco Espinoza, Planning Manager
Subject: Adopt Ordinance 1315, Approving Zone Change 24-03 and Municipal Code Text Amendment 24-08; to Change the Zoning Designation of Three Parcels (The Trails at San Dimas Apartments), Specifically the Southern Portion of the Parcels Via An Overlay Zone from MF-15 to MF-25, and Amend Title 18 to Allow Multifamily Residential (12-16 DUA) in Specific Plan 23, Area I and Reflect the Proposed Land Use and Zoning Designation Changes, and Associated Code Clean-ups As Required.
____________________________________________________________________________ At the regular City Council meeting of September 24, 2024, the City Council voted 5-0 to introduce Ordinance 1315 approving Zone Change 24-03 and Municipal Code Text Amendment 24-08 to change the zoning designation from MF-15 to MF-25 for three parcels, Housing Element Site #14 (The Trails at San Dimas Apartments; APN’s: 8386-006-015, 8386- 010-040 & 8386-006-029), specifically to the southern portion of Site #14 via an overlay zone. It also includes Municipal Code Text Amendment 24-08, amending Title 18 of the San Dimas Municipal Code to allow multi-family residential (12-16 DUA) in Specific Plan 23 and reflect the proposed land use and zoning designation changes, and make associated code clean-ups as required. Additionally, it provides for new development standards for Specific Plan 23, in San Dimas Municipal Code Chapter

18.538.

Staff and the Planning Commission recommend the City Council:
• Conduct the second reading; and
• Adopt Ordinance 1315, approving Zone Change 24-03 and Municipal Code Text Amendment 24-08.

Attachments:

1. Ordinance 1315, Zone Change 24-03 and Municipal Code Text Amendment 24-08

ATTACHMENT 1
ORDINANCE 1315

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING ZONE CHANGE 24- 03, AND MUNICIPAL CODE TEXT AMENDMENT 24-08, A REQUEST TO CHANGE THE ZONING DESIGNATION OF HOUSING ELEMENT SITE #14 (THREE PARCELS) FROM MF-15 TO MF-25, AND AMEND TITLE 18 TO ALLOW MULTI-FAMILY RESIDENTIAL IN SPECIFIC PLAN 23 TO REFLECT

THE PROPOSED ZONING DESIGNATION CHANGES, AND ASSOCIATED

CODE CLEAN-UPS AS REQUIRED TO BRING THE CODE INTO COMPLIANCE WITH THE CITY’S HOUSING ELEMENT AND STATE LAW.

WHEREAS, a Zone Change and Municipal Code Text Amendment (Amendments) have been duly initiated by the City of San Dimas; and
WHEREAS, the Amendments are described as a request to change the zoning designation of Housing Element Site #14 (three parcels) from MF-15 to MF-25, and amend Title 18 to allow multi-family residential in Specific Plan 23 and reflect the proposed land use and zoning designation changes, and associated code clean-ups as required; and WHEREAS, the Amendment would affect Housing Elements Sites #1 (APNs : 8386-006- 010, 025, 026, 027, 028), #2 (APNs: 8386-015-014, 814, 815, 8386-015-019, 015, 019, 020, 021, 023, 022, 024 & 8386-016-035), Site #14 (APNs: 8386-010-040, 8386-006-015, 029); and WHEREAS, the City, pursuant to State Housing Law, is required to update the Housing Element of the City’s General Plan every eight years and to comply with the stated housing plan programs, as required by the Housing Element; and
WHEREAS, on September 1, 2022, the Planning Commission recommended approval of the Housing Element, which included the Housing Sites Inventory to meet the City’s Regional Housing Needs Assessment (RHNA), to the City Council, and on September 27, 2022, the City Council voted 5-0 to adopt the Housing Element; and
WHEREAS, the Housing Sites Inventory consists of 14 Housing Sites, and the proposed amendments will change the zoning and land use designation of three of the 14 Housing Sites to be in compliance with the Housing Element, and the remaining 11 Housing Sites will be addressed as part of the City’s Downtown Specific Plan under a separate action; and WHEREAS, the Planning Commission, at a special and noticed public hearing on September 5, 2024, heard evidence and voted 5-0 to recommend approval to the City Council of Zone Change 24-03, with a recommendation that the zone change only be applied to the southern portion of Site #14, and Municipal Code Text Amendment 24-08, along with General Plan Amendment 24-03; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on September 24, 2024, at the hour of 7:00 p.m. with all testimony received being made part of the public record; and
WHEREAS, the City Council has carefully and independently reviewed and considered all of the evidence presented with respect to the General Plan Amendment, Zone Change, and

Ordinance 1315 Page 2
Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
Municipal Code Text Amendment and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith, and voted 5-0 to approve General Plan Amendment 24-03, Zone Change 24-03, and Municipal Code Text Amendment 24-08; and
WHEREAS, the City Council voted to only apply the zone change and general plan amendment to the southern portion of Site No. 14, via an overlay, as highlighted in the Housing Inventory List. The Overlay will apply a zoning and general plan land use designation that will allow a density of 16.1 to 25 units to the acre, while the remaining portion of Site No. 14 will remain at 8.1 to 12 units to the acre. The overlay shall be applied to the entirety of Parcel 8386-006-029 and portions of Parcels 8386-006-015 and 8386-010-040 generally described as follows:

Parcel 8386-006-015
The overlay is bounded to the south by the southern property line with a lineal distance of 704 feet; to the west by the western property line starting at the intersection of the southern property and runs north approximately 120 feet north along Amelia Avenue, to the north by the northern end of the parking stalls just south of buildings 28, 26, 23, 21 & 20, then a lineal distance of approximately 112 feet running from the southwest corner of building 20 eastward to the intersection of the planter across from building 20 and the eastern property line; and to the east by the eastern property line starting at the south property line and runs north approximately 260 feet along the eastern property line to a point in line with the landscape planter across from building 20.

See general map attached hereto as Exhibit A.

Parcel 8386-010-040
The overlay is bounded to the south by the south property line with a lineal distance of 705 feet; to the west by the western property line starting at the intersection of the south property line and runs northeast approximately 213 feet; to the north by the northern end of the parking stalls, just south of the laundry room, and buildings 31-34; and to the east by the eastern property line starting at the south property line and runs north approximately 75 feet along Amelia Avenue to the northern end of the parking stalls just south of building 31.

See general map attached hereto as Exhibit A.

NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the City Council at the hearing, including written or oral staff reports, together with public testimony, the City Council now finds as follows:

A. The proposed Zone Change and Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.

The proposed amendments will allow additional housing opportunities centrally located near the Downtown and town core areas of the City and adjacent to the Gold Line extension, a high-quality transit facility. Development of this area will require review and approval by the City ensuring the quality proposed multi-family opportunities that will meet

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
the needs of the City’s residents and will likely increase property values. As with all developments, maintenance of the site will ensure property values are not negatively impacted. To further mitigate any impacts to adjoining properties, development and operational standards have been included to prior code amendments that regulate all multi-family development options including senior citizen housing, and transitional and supportive housing.

B. The proposed Zone Change and Municipal Code Text Amendment will further the public health, safety and general welfare.

The proposed amendments, which are required by the City’s Housing Element to be in compliance with State law will further the public health, safety and general welfare by providing residents and the general public with increased housing opportunities. In addition, the amendments will encourage the development of housing sites that require assembly, which may lead to additional housing units and allow the City to meet its RHNA allocation. Lastly, the proposed amendments were previously analyzed as part of the Housing Element update, and future development will be subject to existing regulations and may require additional environmental analysis to mitigate any potential impacts.

C. The proposed Zone Change and Municipal Code Text Amendment is consistent with the General Plan.

The proposed amendments are consistent with the City’s Housing Element for the 2021- 2029 planning period. Specifically, the Housing Element includes the City’s Housing Plan which identifies the City’s goals and policies required to address the housing needs of the community, and the and Housing Sites Inventory which identified parcels to accommodate the City’s RHNA allocation for the 2021-2029 planning period. In addition, the proposed amendments will be consistent with the following General Plan goals and policies:

Land Use Element
Policy LU-6.1: Give priority for redevelopment activities to declining areas within the City, particularly the Town Core and Puddingstone Center.

Housing Element
Policy HE-2.1: Adequate Sites. Provide opportunities for new housing that responds to community needs in terms of housing type, cost, and location by providing appropriate zoning and development standards.

Policy HE-2.4: Downtown Housing. Provide and actively facilitate opportunities for the development of mixed use and infill housing in downtown San Dimas as part of the City’s ongoing revitalization strategy for the area.

Policy HE-3.3: Flexibility in Standards. Provide flexibility in development and design standards to accommodate new models and approaches to encourage mixed uses, live/work, accessory dwellings, and other types of housing.

Ordinance 1315 Page 4
Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:

SECTION 1. ADOPTION. Zone Change 24-03 amending the zoning designations as set forth in Exhibit A, and Municipal Code Text Amendment 24-08 amending Title 18 as set forth in Exhibit B, attached hereto and incorporated herein, are hereby adopted.

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

SECTION 3. CEQA DETERMINATION. The City Council hereby finds and determines pursuant to the California Environmental Quality Act (CEQA), that the City prepared an Initial Study/Negative Declaration (IS/ND) for the Draft Housing Element update and circulated the IS/ND for a 30-day public comment period from March 16, 2022 to April 18, 2022. On September 27, 2022, the City Council adopted the IS/ND and the Housing Element for the 2021-2029 planning period. The proposed amendments are in compliance with Housing Element’s housing programs, which were previously analyzed in the IS/ND; therefore, no further CEQA action is required.

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Ordinance 1315 Page 5
Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 8th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1315 was introduced at a regular meeting of said City Council held on the 24 day of September, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 8 day of October, 2024.
___________________________
Debra Black, City Clerk

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
Exhibit A - Zone Changes

Ordinance 1315 Page 7
Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
General Map of Overlay on Parcels APNs 8386-006-015 & 8386-010-040

Ordinance 1315 Page 8
Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
Exhibit B – Code Amendments
Chapter 18.538
SPECIFIC PLAN NO. 23*
Sections:

Article I. General

18.538.010 Purpose and intent.

18.538.020 Authority.

18.538.030 Location.

18.538.040 General provisions.

18.538.050 Definitions.

Article II. Development Plan

18.538.060 Neighborhood setting.

18.538.070 Site specific conditions.

18.538.080 Existing improvements.

18.538.090 Circulation.

18.538.100 Planning areas—Purpose and intent.

Article III. Development Standards

18.538.110 Planning area I— Mixed use – residential/industrial.

18.538.130 Provisions for existing improvements.

Article IV. General Development Standards

18.538.140 Streetscape design standards.

18.538.150 General provisions.

Article V. Plan Review and Disposition

18.538.160 Review requirements.

18.538.170 Minor modifications.

18.538.180 Appeal provisions.
* Editor’s Note: Exhibit relating to Specific Plan No. 23 is located at the end of this chapter.

Article I
General
§ 18.538.010 Purpose and intent.

A. The size, shape and location of Specific Plan No. 23 presents a unique development opportunity within the city. The site encompasses two blocks north of a railroad right-of-way and south of an established residential neighborhood referred to as the San Dimas towncore (see Exhibit A). The easterly project boundary is North Acacia Street and the

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
westerly project boundary is just east of the Trails Apartment Complex located at 444 N.

Amelia Avenue
B. Specific Plan No. 23 provides the best mechanism for comprehensive, high quality, and sensitive development for the project area. The purpose of Specific Plan No. 23 includes the following:

1. To ensure that the development of the project area is compatible to adjacent uses;

2. To minimize the negative adverse impact of traffic generated by any development by directing traffic away from the residential neighborhood;

3. To incorporate creative and sensitive planning, architecture, landscape architecture, and engineering to develop a project that will enhance the existing adjacent uses and promote the existing and future appearance of San Dimas;

4. To provide provisions for the continued use and maintenance of existing improvements as the project areas recycle into development consistent with the provisions of the design standards within this specific plan;

5. To provide home ownership opportunities responsive to the needs of the community;

6. To reclaim the currently underutilized site and transform it into a vibrant living environment;

7. To provide a desirable, high-quality residential community where people will want to purchase/live a new home within the City of San Dimas; and

8. To stimulate revitalization efforts in nearby underutilized properties. (Ord. 938 § 1 (I (A)), 1990)
§ 18.538.020 Authority.

The adoption of Specific Plan No. 23 by the city is authorized by and pursuant to sections 65450 through 65457 of the California Government Code.
(Ord. 938 § 1 (I (B)), 1990)
§ 18.538.030 Location.

Specific Plan No. 23 encompasses land area which totals approximately 6.1 acres. The project area is assembled into two land areas roughly resembling city blocks. Each "block" is adjacent to the railroad right-of-way which runs in a diagonal manner when compared to a traditional north, south, east, west grid street system. Each "block" has street frontage, however, visibility from Bonita Avenue is limited. The project boundaries are indicated on the attached Exhibit A. (Ord. 938 § 1 (I (C)), 1990)
§ 18.538.040 General provisions.

The project area of Specific Plan No. 23 is designated as Mixed Use – Residential/Industrial by the City’s General Plan. All development, uses and activity shall be subject to, but not limited to, the following general provisions:

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
A. Unless otherwise specified, all development, uses and activity within Specific Plan No. 23 shall comply with this code. Terms used in this chapter shall have the same meaning as defined elsewhere in this code unless otherwise provided; B. Any details or issues not specifically covered by this specific plan shall be subject to the regulations of this code;
C. The review and approval of development within the specific plan area shall be subject to Section 65450 et seq. of the state Government Code;
D. All construction within the boundaries of the specific plan area shall comply with all provisions of the California Building Code and the various mechanical, electrical and plumbing codes as applicable and adopted by the city.

E. Minor modifications to Specific Plan No. 23 which do not alter the intent of this specific plan pursuant to the provisions of Section 18.538.170 of this chapter; F. If any regulation, condition, program or portion thereof of this specific plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and the invalidity of such provision shall not affect the validity of the remaining provisions herein; and G. Any land use designation, permitted use, or conditionally permitted use not specifically provided by Specific Plan No. 23 shall not be permitted without a determination of use by the approving body pursuant to provisions of Chapter 18.192 of this Title. (Ord. 938 § 1 (I (D)), 1990)
§ 18.538.050 Definitions.

Unless the context otherwise requires, or unless different definitions are set forth in individual titles, chapters, or sections of this title, the words or phrases defined in this specific plan shall have the meaning and construction ascribed to them in this section. When not inconsistent with the context, words in the singular shall include the plural and words in the plural shall include the singular. The word "shall" is mandatory and the word "may" is permissive. Words and phrases not defined in this chapter shall be defined in the following sources by the following order; (1) other chapters of this code; (2) definitions contained in the city adopted chapters of the California Building Code; (3) definitions contained in legislation of the state; and (4) Webster's Dictionary.

1. "Abut" means contiguous to. For example, two adjoining lots with a common property line are considered to be abutting.

2. "Accessory structure" means a structure located on the same lot or parcel as the primary structure. Said structure would serve an incidental or accessory use secondary to the principal use of the land.

3. "Accessory use" means a use which is incidental or secondary to the primary use of the lot or parcel. Such use is devoted exclusively to the primary land use.

4. "Adjacent" means the same as abutting; however, public rights-of-way and major utility

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23
easements shall not be considered as separating "adjacent" uses.

5. "Architectural feature" means a part, portion, projection, or treatment that contributes to the visual beauty, elegance, historical consistency, or design integrity of a building or structure, and is not necessary for the structural integrity of the building or structure or to make said structure or building habitable. Said architectural feature does not include signs or other forms of use identification.

6. "Automobile parking" means parking of operational and street legal motor vehicles on a temporary basis within an improved off-street parking area.

7. "Berm" means a man-made mound(s) of earth incorporated into a landscape design used for the purpose of visual screening, decorative features, and landscape design enhancement.

8. "Buffer area" means an area of land used to visibly and physically separate one use from another. Such a buffer area would typically be devoid of structures and landscaped in a manner to shield noise, glare and other nuisances from neighboring uses.

9. "Building" means any structure built or maintained for the support, enclosure and protection of persons, equipment, animals, chattels or property of any kind. The word "building" as used in this title includes the word "structure."

10. Building, Accessory. "Accessory building" means the same as "accessory structure."

11. "Building coverage" means the gross area of a lot or parcel of land occupied by all of the ground floor, or building footprint, of a building or structure which is under roof.

12. "Building height" means the maximum vertical distance as measured from the interior floor level to the top of the uppermost part of the structure through any vertical section.

13. Building, Non-conforming. "Non-conforming building" means a building or portion thereof, lawfully existing pursuant to the ordinance in effect at the time of construction or subsequent alteration, but which does not comply with any development criteria adopted at a later date.

14. "Business" means the purchase, sale or other transaction or place thereof involving the handling, disposition or transaction of any article, substance, product, service or commodity for livelihood or profit. Such activity includes an addition, operation, or provision of any service or service establishment, office building, outdoor advertising sign and/or structure, recreational and/or amusement enterprise conducted for livelihood or profit.

15. "Business frontage" means the lineal footage of any side of a business building facing an adjacent street or the unit's designated automobile parking area and upon which a sign may be located as provided by this specific plan.

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Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

16. "City" means the city of San Dimas.

17. "Commercial use" means a business, normally involving office, retail, sales, or service uses.

18. “Common open space” means land in a development held in common and is/or single ownership and not reserved for the exclusive use of benefit of an individual tenant or owner.
19 "City council" means the city council of the city.

20. "Courtyard" means an open, unoccupied space, other than a required yard, on the same lot or parcel with a building or buildings. Such courtyard is typically bounded on two or more sides by such building(s).

21. “Density” shall be determined by dividing the total number of homes by the net area of the parcel.

22. "Design review" means the process of city review and approval of development proposals as required by Chapter 18.12 of this title.

23. "Display frontage" means the lineal footage of the front of an area used for display and sale of merchandise located outdoors. Such display area typically faces a street or automobile parking area.

24. "Driveway" means an unobstructed paved area which provides access to vehicle parking, loading, or maneuvering area.

25. "Enclosed building" or "enclosed structure" means a building or structure with a permanent roof and enclosed on all sides by solid exterior walls. Such solid exterior walls may feature windows, loading doors, and customary entrance and exit doors.

26. "Enclosed space" means an area enclosed on all sides by a solid physical barrier such as a fence or wall.

27. "Existing improvements" means any improvements which exist at the time of the adoption of this specific plan. Such existing improvements must have been legally constructed in compliance with all building and zoning codes in effect at the time the improvements were constructed.

28. "Exterior boundary" means the perimeter of any lot or parcel of land or assembly of lots or parcels to be developed in an integrated, comprehensive manner.

29. "Fence" for industrial use properties means any device forming a physical barrier between two areas/parcels. Such barrier may be constructed of louver, wood stake, decorative masonry (i.e. slump stone, split face, stucco, stone veneer, brick, etc. plane CMU is not considered decorative masonry), dog ear lumber, or other similar material in accordance with adopted city standards.

30. "Fence" for residential use properties means any device forming a physical barrier between two areas/parcels. Such barrier may be constructed of decorative masonry (i.e. slump stone, split face, stucco, stone veneer, brick, etc. plane CMU is not considered decorative masonry). Gates maybe constructed of dog ear lumber, tubular iron, vinyl, or other similar material in accordance with adopted city standards.

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Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

31. Floor Area, Gross. "Gross floor area" means the total floor area of a building under roof measured in square feet. Such measurement would include each horizontal plane which constitutes a floor as measured to the outside of the exterior walls of all floors.

32. "Frontage" means, with regards to a lot, that side of a lot abutting on a street, typically the front lot line. With regards to a building, see "business frontage."

33. Garages, private. “private garage” means a portion of a building, used primarily for automobile parking, garages shall not be for habitation.

34. “Height” means the vertical distance from the lowest finish grade to the highest point of the coping of a flat or pitched roof ridge.

35. “Homeowner Association or HOA” means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping and facilities.

36. "Industry" means the manufacture, fabrication, processing or reduction of any article, substance or commodity or any other treatment thereof in such a manner as to change the form, character or appearance thereof. In addition, it shall include trucking facilities, warehousing, storage facilities, business facilities serving primarily industry, and similar enterprises.

37. "Institutional use" means a non-profit or quasi-public use or institution, such as a church, library, public or private school, utility, hospital, or municipally owned or operated building, structure or land used for public purpose.

38. "Landscaping" means the planting and maintenance of a combination of trees, shrubs, vines, ground cover, flowers and lawn. In addition, such landscaping may include design features such as rock and stone, garden-type fencing and decorative structures. Such design features may also include water elements, art works, decorative walks, benches, and decorative paving.

39. "Loading area" means the portion of a site developed to accommodate loading spaces including the related aisles, access drives and buffers.

40. "Loading space" means an off-street space or berth on the same lot and contiguous with the building it is intended to serve for temporary parking of commercial transport vehicles while loading and unloading merchandise, materials, supplies, manufactured products and similar items.

41. “Lot” means any numbered or lettered parcel shown on a recorded tract map.

42. "Main building" or "main structure," also referred to as principal and primary building or structure. Such building and structure would contain and enclose the activity which is the main use of the lot or parcel of land upon which the building is situated.

43. "Main use" means any use of a building, structure, or land which is the primary feature of the activity conducted on the lot or parcel of land.

44. "Mound" means a raised embankment of earth intended as a landscaping feature to visually obscure an area or provide design enhancement. Also see "berm."

45. "Multi-phase development" means a development project which is constructed in increments. Each increment would be capable of existing independent of the others, but the completed project would be a comprehensive design.

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

46. "Off-street parking space" means a temporary storage area for a motor vehicle that is not located on a dedicated street right-of-way. Such right-of-way may be public or private.

47. "Parking area" or "parking lot" means a portion of a site devoted to the temporary parking of motor vehicles, including actual parking spaces, aisles, access drives, and related landscaping.

48. “Permitted use” means any use allowed within the planning area regulations and subject to the restrictions applicable to that planning areas.

49. “Pet, household” means as described and regulated in Chapter 18.20 Residential Zone Generally.

50. “Planning Commission” means the Planning Commission of the City.

51. “Private open space” means a fenced or otherwise screened are designated for a specific tenant or resident intended for landscape, recreation, or leisure purposes.

52. "Public utility installation" means building(s) or other structure(s) and equipment owned and operated by a public or private utility company subject to regulation by the state Public Utilities Commission.

53. "Quasi-public" means a use which involves as its primary purpose, the administration of a required government program or a government regulatory program.

54. "Retail" means the selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license.

55. "Service" means an act, or any result of useful labor, which does not in itself produce a tangible commodity.

56. "Setback" means the area between the building line and the nearest property line.

57. "Sign" means any device, or part thereof, capable of visual communication or attraction including any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person, partnership, association, corporation, institution, organization, product, service, event, location or other business entity by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. "Sign" shall not include any official notice, declaration, warning, or information sign or structures issued by any federal, state, county or municipal authority.

58. "Storage area" means an area used or intended for the storage of materials, refuse, or vehicles and equipment not in service.

59. “Story” means that portion of the building between the upper surface of any floor and the upper surface of the floor next above except that if there is no floor above, then the space between such floor and the ceiling or roof above.

60. "Street furniture" means man-made, above ground items that are usually found in a street right-of-way such as benches, bus stops/enclosures, newspaper racks, hydrants, traffic lights, signs, utility poles and the like.

61. "Temporary structure" means a structure which is permitted within a land use district without a permanent foundation or footing and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

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Zone Change 24-03, Municipal Code Text Amendment 24-08
Zone Designation Change to Housing Element Site #14
Amend Title 18 in Specific Plan 23

62. "Temporary use" means a use permitted within a designated land use district and established for a fixed period of time with the intent of terminating such use upon the expiration of the time period.

63. "Unique natural feature" means that part of the natural environment which adds character to a location which is not readily found in other locations, and if altered or damaged cannot be replaced.

64. "Use" means, the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be occupied or maintained. A use may be passive, such as parking and/or storage.

65. "Yard" means an open space that lies between the principal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in the specific plan. Unless otherwise specified, a yard is fully landscaped.

66. Yard, Required. "Required yard" means a yard, as defined in this section, that occupies the area of a required setback.
(Ord. 938 § 1 (I (E)), 1990)
Article II
Development Plan
§ 18.538.060 Neighborhood setting.

Specific Plan No. 23, is uniquely located. The project area is predominantly adjacent to the established towncore residential neighborhood. This neighborhood has a rich historical significance to the city in that the first homes built in the city were/are located in this area. To the east and south, the project area joins the Downtown Specific Plan area. This area is of considerable historical and cultural significance to city residents. The project area abuts the railroad right-of-way along the southerly project boundary. Beyond the railroad is the commercial area of Bonita Avenue. Development proposed within the project area should reflect the unique neighborhood setting surrounding the specific plan. (Ord. 938 § 1 (II (A)), 1990)
§ 18.538.070 Site specific conditions.

A. The site has several inherent development challenges. The most significant is the unusual parcel size and property configuration. The proximity of the residential neighborhood, the diagonal approach of the railroad, and limited street frontage are also significant design challenges. The project area is divided into two separate blocks. Thus, development alternatives are reduced because of the divided project area.

B. The proximity of the residential neighborhood is an influential factor on the ultimate site and architectural design of a development proposal. It is important to the city that the towncore neighborhood retain its integrity. Therefore, a site design which is sensitive to the adjoining residential property is extremely important. Also, architecture which reflects a residential character is desirable. The final design consideration is the relationship the project area has with the downtown commercial and residential historic core. (Ord. 938 § 1 (II (B)), 1990)

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§ 18.538.080 Existing improvements.

Each of the "blocks" contain existing improvements and land uses. It is recognized that the existing activities within the boundaries of Specific Plan No. 23 are important to the city. The existing improvements which do not conform to the development standards provided within Specific Plan No. 23 shall be allowed to remain and be maintained as long as the existing improvements are not physically expanded beyond their present size, scope or intensity. (Ord. 938 § 1 (II (C)), 1990)
§ 18.538.090 Circulation.

A. Block 1 has street frontage on only one side, along its eastern boundary line facing N.

Eucla Avenue. Block 2 has street frontage on two sides facing east and west, this block also has alley access on along the northern boundary line. All the "blocks" have the railroad right-of-way bordering their southerly project boundary. Project circulation design is very important. Traffic generation shall be monitored, planned and observed. Potential development should be sensitive to the surrounding neighborhood. Non-residential circulation access points should be as far away from the residential neighborhood as possible and located where deemed safe by the City Engineer and the Public Works Department. Also, the number of access points from the street should be limited to one, or two at the most, for each "block"; multiple access points are allowed from an alley for residential garages.

B. The access points should be designed to accommodate all forms of project generated traffic. Therefore, the entry design is important from both a functional and aesthetic perspective. To ensure that access points are limited, on-site circulation should be efficiently designed. The long-term parking (for employees) for non-residential uses should be placed in a manner not to conflict with the higher turnover parking demands, such as visitor parking and loading areas. Residential parking should be onsite and convenient for residents and visitors.
(Ord. 938 § 1 (II (D)), 1990)
§ 18.538.100 Planning area—Purpose and intent.

A. The incorporation of the planning area concept into this specific plan creates the opportunity for flexible project design and land uses relative to the unique project characteristics of the specific plan. The creation of the planning area acknowledges that portions of the project area have varying design and use opportunities because of visibility, street frontage, adjoining land uses and location. In this respect, development within the project area would be sensitive to adjoining land uses while maximizing the appropriate development potential within the specific plan.

B. The configuration of the project area creates a logical planning area (see Exhibit A) within the two "blocks." The two "blocks" have direct relationship with the residential neighborhood. These "blocks" also have almost no direct visibility to Bonita Avenue. Also, the railroad and a portion of the A-line bridge creates a physical separation between Bonita Avenue land uses and the project area. Therefore, specialized uses not dependent upon drive-by, impulse patronage are the most appropriate uses for this planning area if developed with industrial uses. If developed with multi-family residential uses, the building can serve as a buffer from the non-residential more intense uses south of the railroad from the single-family residences in the Town Core. The multi-family developments are also a

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transition point from the single-family detached developments to the multi-family development and to the commercial uses’ south of the railroad. These types of developments will provide the existing community an opportunity to live in an alternative housing type with less maintenance within a close-knit living environment, without having to leave their existing community.
(Ord. 938 § 1 (II (E)), 1990)
Article III
Development Standards
§ 18.538.110 Planning area I— Mixed Use – Residential/Industrial.

The Mixed Use – Residential/Industrial area is uniquely suited for residential, specialized light industrial and business uses. The Mixed Use area is intended to allow for residential projects and careful combination of high quality light industrial, warehousing, passive commercial, office and business uses, developed separately on each block. The minimum parcel size for residential development shall be three (3) acres and shall not be combined with industrial uses.

The industrial development may be a single, high quality user, or as a high quality, amenity oriented, architecturally sophisticated business park.

A. Permitted Uses. Limited light industrial, general business, office, passive commercial, and multi-family residential uses as set forth below. Each use shall be evaluated in terms of its operational characteristics and development plan in respect to the potential relationship with the adjoining residential neighborhood.

Buildings, structures, and land shall be used, and buildings and structures shall be altered or enlarged only for those uses specified herein. In addition, those uses the approving body may deem as similar but not more obnoxious or detrimental to the public health, safety and general welfare as those listed below may be permitted pursuant to the provisions of Chapter 18.12 of this title. All uses shall be conducted within a totally enclosed building, except as permitted by a conditional use permit.

1. Those uses permitted in the I-P Zone.

2. Upholstery shop.

3. Packaging business.

4. Electrical or neon sign manufacturing and maintenance.

5. Ice and cold storage plants.

6. Machinery and shops: Cabinet or carpentry shops, machine shops, sheet metal shops, tinsmiths, welding shops.

7. Garment manufacturing, including silk screen.

8. Manufacturing, compounding, processing, packaging, or treatment of products such as:
bakery goods, candy, cosmetics, dairy products, pharmaceutical drugs, food products (excluding sauerkraut, vinegar, yeast, and rendering of fats and oils), perfumes and toiletries.

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9. Manufacturing, compounding, assembly or merchandise from the following previously prepared materials: Bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horns, leather, metals, paper, plasters, precious and semi-precious stones and metals, shells, textiles, tobacco, wood, yarns, rubber and metal stamps, shoes, stone monuments works.

10. Processing: Laboratories, blueprinting or photocopying, laundries, carpet rug cleaning plants, dry cleaning and dyeing plants.

11. Fabrication: Fabrication of products made from finished rubber and plastics.

12. Wholesaling and warehousing: Wholesaling and warehousing facilities, storage and distribution agencies, janitorial supplies, service/building maintenance, TV repair and service, athletic supply.

13. Office and related uses: Business and administrative offices, bookkeeping service, catalog store, data processing; employment agency, finance office, import-export offices and wholesale warehouse, mail-order; office machines sales and service, stock and commodity brokerage, telephone answering and exchange.

14. Other uses incidental and directly related to the service and operation of a permitted use:

On-site employee recreational facilities, on-site medical clinics, industrial and business training facilities, conference and meeting rooms.

15. Other similar uses which the development plan review board finds compatible and similar to the permitted uses described herein, subject to a determination of use pursuant to Chapter 18.12 of this title.

16. Apartments, condominiums, townhouses, senior citizen housing, and similar multiple-family developments.

17. Incidental uses for residential developments only.
a. Home based businesses per. Section 18.184;
b. Household pets as descried and regulated in Chapter 18.20 Residential Zones Generally; and
c. Other uses similar to those stated in this section which the Director of Community Development finds consistent with the sprit and intent of this Specific Plan.

19. Accessory structures. The following structures are permitted when they are accessory to the primary permitted uses listed under No. 16 in this Section:
a. Community recreation facilities;
b. Security gating structures at the vehicular entrance; and c. Other accessory structures of a similar nature which the Director of Community

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Development finds consistent with the spirit and intent of this specific plan.

B. Uses Subject to a Conditional Use Permit. Any use listed in subsection A of this section which because of operational characteristics specific to that particular business is found by the director of community development to have the potential to impact negatively adjoining properties, businesses or residences, and is therefore, appropriate to receive additional review and consideration. Said impacts may be related to, but not necessarily limited to impacts of traffic, hours of operation, assemblages of people, noise, or site location. The following uses may be permitted subject to a conditional use permit pursuant to Chapter

18.200 of this title:

1. Manufacturing plants which manufacture or process chemicals.

2. Outdoor storage incidental to and directly related to those uses permitted in subsection A.

3. Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas.

4. Bottling plants.

5. Contractor equipment storage yards provided such storage is incidental and directly related to an office or administrative facility as permitted in subsection A.

6. Machinery and shops, paint shops, punch presses.

7. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: paints not employing a boiling process, plastics and synthetics, petroleum and petroleum products.

8. Processing: Creameries.

The following residential and industrial uses have their own development standards as follows:

C. Development Standards. The following standards shall apply to all improvements, structures and uses within Planning Area I for industrial uses:

1. Building setbacks.
a. Property Lines Adjacent to Streets. Minimum of thirty feet for structures of building height of up to twenty-six feet. For structures greater than twenty-six feet, the minimum setback shall be forty feet. A minimum of fifty percent of the area created by the building setback shall be maintained as landscaping exclusive of parking, driveways and access aisles pursuant to subsection (C)(4)(b).
b. Interior Property Lines. Interior property lines which abut residential property shall maintain a minimum fifteen foot setback. Where an interior property line abuts a non-residential use, no setback is required. However, each project shall be required to submit illustrative line-ofsite drawings to demonstrate that the project is designed sufficiently to accommodate the type of uses permitted in accordance with the development standards in this section. The

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development plan review board may require greater setbacks as deemed appropriate pursuant to Chapter 18.12 of this title.

2. Maximum Building Coverage. None Required. Permitted maximum coverage shall be a secondary consideration subordinate to compliance with all other design regulations contained in this specific plan.

3. Maximum Building Height. The maximum building height shall be thirty-five feet. Buildings shall be designed in such a manner so that no vertical plane greater than twenty-six feet shall compromise more than fifty percent of any elevation visible to a street or residential property.

4. Landscaping. The following areas shall be fully landscaped and irrigated, maintained in good appearance and kept in a weed and disease free manner:
a. Adjacent to Streets. A minimum twenty foot deep landscape area is required adjacent to all property lines abutting a street. Said twenty foot deep landscape area shall not be required at points of drive-way access, however decorative paving a minimum of twenty feet deep shall be applied in lieu of the landscape area.
b. Within required building setbacks adjacent to streets. A minimum of fifty percent of the area created from the setback required in subsection (C)(1)(a) shall be maintained as landscaping exclusive of drive aisles, parking and driveways. c. Buffer landscape a minimum of fifteen feet deep shall be provided where an area abuts residential property.
d. All landscaping required in this Section shall be contained within planters of raised concrete curbing six inches in height.
e. All interior side and rear setbacks shall be fully landscaped, except where paved for parking or enclosed as a storage yard.

5. Signage. The provisions of Chapter 18.152 apply, except as provided below. a. Center identification or single user freestanding signs permitted pursuant to Chapter

18.152 shall be a maximum of four feet in height, as measured from the sign base to the top of sign.
b. Wall mounted and facade signs permitted pursuant to Chapter 18.152 shall be constructed of individual mounted letters and symbols.
c. Signs which are illuminated shall not produce glare or unnecessary light as to create a nuisance for the nearby residential neighborhood. This shall be accomplished by using low wattage illumination and muted colors. Exposed neon lighting is prohibited. d. A sign program is required for all multitenant complexes pursuant to Chapter 18.152.

6. Off-Street Parking and Loading. The provisions of Chapter 18.156 shall apply.

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7. Architecture. Building and structural architecture shall be compatible with the surrounding towncore residential area and shall be approved by the development plan review board pursuant to Chapter 18.12 of this title. Architecture shall be high quality using textures, materials, colors and architectural treatments and fixtures to accomplish the following goals:
a. Compatibility with the surrounding residential neighborhood: This neighborhood is primarily single-family residences constructed with wood siding. Architectural features which employ, reflect and is sensitive to the predominately woodsided residences shall be incorporated into any architectural design.
b. Roof features which reflect the full roofs of residential structures. All architectural designs shall incorporate roof features which either functions as or appear as a full roof. Full roof features may be employed to conceal roof mounted equipment pursuant to Section IV (B)(2) of this specific plan.
c. Innovative architectural features and design treatments: Features and treatments such as staggered planes, decorative piers and decorative treatment of exposed concrete shall be incorporated into any architectural design. Such design features are intended to create light and shadow pockets, reduce mass and create an interesting entrance to the residential neighborhood.
d. Sensitive Use of Colors. Colors which complement the surrounding residences and enhances architectural features shall be used.
(Ord. 938 § 1 (III (A)), 1990)
D. Development Standards. The following standards shall apply to all improvements, structures and uses within Planning Area I for residential uses, distance requirements shall be minimums unless noted otherwise:

1. Density. The density for Specific Plan 23, Mixed-Use Residential/Industrial zone shall be 12 to 16 units per net acre.

2. Site area. The minimum site area for development of shall be three (3) gross acres.

3. Building height. No building or structure shall exceed three stories or thirty-nine feet in height, whichever is less. Buildings adjacent to the northern boundary line, Eucla Avenue, and Acacia Street, shall not exceed two-stories with a maximum height of twenty-eight feet. The predominate roof design shall be sloping or pitched, rather than a flat roof design.

4. Building Length. No building shall exceed a length of one hundred-fifty feet.

5. Yard & building separation setbacks.
a.Twenty feet from property boundary along Eucla Avenue for Block 1 and for Block 2 facing Acacia Street. Fifteen feet from property boundary for Block 2 along Eucla Avenue. b.Block 1: Fifteen feet from the northern property boundaries and five feet from the southern property boundary;
c.Block 2: Ten feet along the northern property boundary unless the parking garages are facing the alley, in that case a three (3) or twenty-foot setback is allowed. Five-feet from the southern property boundary.
d.Twenty-five feet between buildings front/entrance to front/entrance;

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e.Twenty-eight feet between buildings from rear/garage to rear/garage; f. Fifteen feet for all other setbacks between buildings. g.Five feet for accessory structures from both buildings and property boundaries/lines.

6. Projections into northern and southern property line boundaries. Fireplaces may project not more than twenty-four inches.

7. Architecture. All building elevations shall reflect a historic architectural style found in the Downtown and representative of the Town Core Residential Design Guidelines. All developments shall have street facing units on N. Eucla Avenue and N. Acacia Street with front porches to blend into the downtown street scape.

8. Open Space Areas. A minimum of five hundred square feet per unit shall be maintained as open space area for common use among residents.
a. Open space areas shall be conveniently located and easily accessible from all dwelling units.
b. At least fifty percent of the open space area must be provided as a contiguous space which must measure at least fifteen feet in any given direction. c. Open space areas may include swimming pools, putting greens, court game facilities, playground areas and recreational buildings, provided that such improvements do not exceed more than fifty percent of the required open green area for lots up to fifteen thousand square feet, and not more than twenty-five percent for lots over fifteen thousand square feet.
d. When a development includes one or more units containing more than two bedrooms, a portion of the open green area required by this chapter shall be improved with playground equipment intended specifically for use by children. The size, location and design of said area shall be established in conjunction with the project approval. e. Open green areas shall not include streets, vehicle parking areas or accessways; distance between buildings of less than ten feet, or required yard setbacks, except that side and/or rear yard setbacks may be included with the approval of a conditional use permit when the following findings are made:
i. The side and/or rear yards are designed to create usable open green areas. ii. The overall site design is enhanced by allowing the use of the setbacks as open green areas.

9. Mechanical Equipment. All ground mechanical equipment shall be screened behind a permanent structure. All rooftop mechanical equipment shall be completely screened by architectural components integral to the design of the building.

10. Off-Street Parking. The provisions of Chapter 18.156 shall apply.

11. Fences and Walls.
a. Block 1: A six-foot high decorative (i.e. double-sided slump stone or split-face) block wall with decorative finish cap shall be required along the north, west and south boundary lines. Decorative pilasters shall be placed at every corner layout and every fifty feet of a solid wall plane. Patio/court yard walls shall also be decorative. Side and rear yard patios shall be boarded by a six-foot high decorative wall. Such walls within the first twenty feet from the boundary lines on N. Eucla Avenue shall be reduced to not more than forty-two inches in height, or may be eliminated.
b. Block 2: A six-foot high decorative (i.e. double-sided slump stone or split-face) block wall with decorative finish cap shall be required along the north and south boundary lines. The

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wall requirement along the northern boundary line may be avoided if the garages are directly facing and accessed off the ally. Decorative pilasters shall be placed at every corner layout and every fifty feet of a solid wall plane. Patio/court yard walls shall also be decorative. Side and rear yard patios shall be boarded by a six-foot high decorative wall.

Such walls within the first twenty feet from the boundary lines on N. Eucla Avenue and N.

Acacia Street shall be reduced to not more than forty-two inches in height, or may be eliminated.

12. Laundry Facilities. When laundry facilities are not provided in each unit, such facilities shall be provided within a totally enclosed permanent building, convenient to all units, and provided with automatic washers and dryers.

13. Refuse Storage. Communal refuse storage facilities shall comply with the City’s standard.

14. Circulation. Vehicular access designs shall be in accordance with the city. a. Modifications to the standards in this section shall be as approved by the city engineer. b. Driveways and drives shall be designed to provide the maximum of safety and convenience for vehicular, emergency and pedestrian uses and, in a manner, which will not interfere with drainage or public use of the sidewalks and/or drive areas. c. All drives shall be provided with a level of street lighting designed to protect the health, safety and welfare of those living within the development. Street lights shall be mounted on city standard electroliers.
d. The development shall have internal walkways that are a minimum five feet in width and connect with all the units and buildings within the complex and to the public street.

15. Exterior lighting. All exterior lighting of the building, landscape areas, parking, refuse and storage areas shall be placed so as to not reflect onto adjoining properties; a detailed lighting plan will be required for review and approval.

16. Utilities.
a. All utility services shall be installed underground. b. For condominiums and other multiple-family projects with individual ownership, each unit shall have individual water, sewer and utility connections and each utility that is consumed within the unit shall be separately metered and/or have a separate lateral, as appropriate.

17. Landscaping.
a. All required yards, spaces between buildings, and open green areas shall be landscaped pursuant to an approved landscape plan prepared by a landscape architect and comply with Chapter 18.14 Water Efficient Landscapes. Landscaping shall be maintained by an electric remote-control automatic sprinkler system and kept weeded and disease-free. b. In all cases, there shall be a minimum of five feet of landscaped setback adjacent to side property lines which shall be free from all driveways, parking, trash enclosures and similar facilities.

18. Signs. The provisions of Chapter 18.152 shall apply.

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§ 18.538.130 Industrial provisions for existing improvements.

Existing improvements built in conformance to all building and zoning codes in effect at the time of construction may be maintained as currently existing, pursuant to the following provisions:

A. Such existing improvements and site conditions may be maintained, repainted, repaired, and landscaping upgraded, without the requirements to conform with Sections 18.538.110 and 18.538.120 of Article III of this chapter.

B. Review and approval of such repairs, repainting and similar actions is required pursuant to Article V of this chapter.

C. All proposed additions, enlargements and improvements shall conform to the development standards as applicable in Sections 18.538.110 and 18.538.120 Article III of this chapter. (Ord. 938 § 1 (III (C)), 1990)
Article IV
General Development Standards
§ 18.538.140 Streetscape design standards.

This section of identifies three streetscape concepts to be applied along designated street frontages within the specific plan project boundaries. Each concept is intended to address a specific design concern.

A. Acacia Street and Eucla Avenue. These streets are the entrances into the towncore residential area as well as the entrance into the Mixed Use – Residential/Industrial area.

The landscaping concept along these street frontages should appear residential. Such landscaping techniques would include use of lawn for groundcover and ornamental trees.

The entrances into the business park should be treated with low level monument style signage and subdued groundcover.

B. General Landscape Design Standards. The following general guidelines are intended to promote a consistent and careful treatment of street tree plantings and landscaping programs.

1. Unless a formal design is recommended during the design review process, street tree planting should generally consist of random patterns. Interesting tree massing with random spacing are encouraged to provide an undulating and varied streetscape, with view "windows" created at selected points. In some cases, often depending on adjacent architectural styles, a more formal "on-center" spacing of a single tree species may be more appropriate. Whether a formal or informal design concept is used, the selected design concept should be reflected along the entire length or substantial continuous segment of the street.

2. Street trees along Acacia Street and Eucla Avenue should be planted in groundcover, or low shrubs.

3. Landscaping should be intensified to emphasize entries, transitions and destinations.

Entries should be enhanced with tree, shrub and groundcover plantings.

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4. All community-wide and common area landscape plantings shall be adequately irrigated and maintained. Automatic irrigation systems should be utilized to insure the continued growth of plant materials.

5. Landscaping should be used to accentuate view windows into commercial office and residential neighborhoods. Trees and shrubs can be planted to frame or screen views selectively.

6. Vegetation of varying heights, textures, and colors should be used in conjunction with walls and fences to define discreet boundaries.

7. Walls and fences should be designed as an integral element of the streetscape design concept, enhancing and complementing the landscaped setback areas.

8. Primary landscape elements should be "mature" specimen, long-lived trees, with perennial shrubs and/or groundcover included where appropriate. Annual flower beds can serve as attractive accent elements, particularly at entry monument locations.

9. Landscape elements should complement architectural design elements. Expansive horizontal and vertical surfaces, comprised of singular materials should be modulated or, interrupted by foliage masses.

10. Within individual projects, trees should be used to define and enclose exterior spaces intended for different activities.

11. Landscaping and architectural features should be used to screen from view certain visually undesirable elements such as parking, storage, loading, refuse containers, utilities and irrigation controls.
(Ord. 938 § 1 (IV (A)), 1990)
§ 18.538.150 Industrial general provisions.

The following standards shall apply to all developments/improvements within Specific Plan No.

23. A. Utilities. All utilities within the project boundaries to serve the uses and buildings therein shall be installed underground.

B. Mechanical Equipment. Roof mounted mechanical equipment including, but not limited to, air conditioning, heating, and ventilating and exhaust ducts, shall be screened from view from any surrounding property, street or highway. Said screening shall be designed in such manner as to appear to be an integral component of the overall building architecture. This can be accomplished by full roof treatments, equipment wells, and architectural design features. Line-of-sight drawings shall be required as a component of all design review submittals to verify equipment screening. Wall or ground mounted equipment shall be enclosed in a manner which incorporates the same materials used in the building.

C. Trash Storage. Enclosed trash storage area(s) built to the city's standard specifications shall be provided in appropriate locations pursuant to city standards.

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D. Walls/Fences. Walls shall be permitted and/or required pursuant to the following provisions. All walls shall be constructed of decorative concrete tilt-up or masonry as described in Definitions in this section.

1. Required Walls. Walls shall be required to screen truck and storage areas where allowed by this specific plan. Interior walls may be required by the development plan review board as a component of the design review process. All screening walls shall be architecturally compatible with the buildings within the project and shall incorporate vertical landscaping such as vines, trees and shrubbery. The vertical landscaping elements shall be located on the public right-of-way side to provide visual relief from the horizontal expanse. The height of the screening walls shall be governed by the view shed from the surrounding areas which shall take into consideration the height of equipment and/or trucks to be stored behind said walls.

2. Permitted Walls. Walls shall be permitted on or within all property lines not abutting streets and on or to the rear of all required yard setback lines abutting streets. The height of such walls shall be set by the director of community development after giving reasonable due consideration to alternative screening techniques and devices. Walls not over forty-two inches in height may be permitted within the required setback areas.

3. Corner Cutback Areas. The cutback line shall be in a horizontal plane, making an angle of forty-five degrees with the side, front, or rear property line. It shall pass through a point not less than ten feet from the intersection of the front, side, or rear property line; or ten feet from the edges of a driveway where it intersects the street or alley, as the case may be. a. Streets and Alleys. There shall be a corner cutback area at all intersecting or intercepting streets and/or alleys.
b. Driveways. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley.
(Ord. 938 § 1 (IV (B)), 1990)
Article V
Plan Review and Disposition
§ 18.538.160 Industrial review requirements.

A development plan review shall be required. No person shall construct any building or structure, or relocate, rebuild, alter, enlarge, or modify any existing building or structure, until a development plan has been reviewed and approved in accordance to the provisions of Chapter

18.12 of this title, or until a minor modification has been approved by the director of community development in accordance with the provisions of Section 18.538.170. Prior to the submittal of a formal application to the development plan review board, the applicant may request that the board review and approve a conceptual design plan for the project. An application for conceptual design review shall be accompanied by the following materials:

A. A scaled site plan.

B. Conceptual architectural floor plans and building elevations.

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C. A preliminary grading plan.

D. A conceptual landscape plan.

E. Breakdown of land uses, i.e., parking (compact vs. standard), floor area(s), building coverage(s), landscape coverages, etc.

F. Written description of all proposed uses.

Prior to any submittal to the development plan review board, applicants shall submit the above items to city staff for informal review and comments regarding city development standards and policies. Such meetings will serve to reduce expenditures of time and money through the development process. (Ord. 938 § 1 (V (A)), 1990)
§ 18.538.170 Industrial minor modifications.

Minor modifications to the provisions of this specific plan are intended to provide for the reasonable deviation of review and/or development requirements pursuant to the provisions of this section.

A. The director of community development without public hearing, may grant a variance allowing a minor modification from the requirements of this specific plan limited to the following:

1. Reduction of open areas by permitting portions of a building to extend into and occupy not more than ten percent of the area of a required yard.

2. Waive the development review requirement for minor alterations to existing structures which conform to the following:
a. Repainting of an existing structure the same or similar color hue which currently exists on the site.
b. Minor alterations in location of landscape features or plant materials from an approved landscape plan.
c. Minor alterations to approved plans which would not create a noticeable difference in the building design. Such minor alterations would not include the elimination of approved building materials.

B. In granting a minor modification, the director of community development shall make the findings in accordance with Section 18.204.020 of this title.

C. The determination of the director of community development may be appealed to the planning commission pursuant to the provisions of this chapter. (Ord. 938 § 1 (V (B)), 1990)

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§ 18.538.180 Appeal provisions.

The determinations of the director of community development, development plan review board and/or the planning commission as applicable, may be appealed to the city council pursuant to the provisions of Chapter 18.212 of this title.

EXHIBIT A

Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Anne Moore, Senior Planner
Subject: Adopt Ordinance 1312 Approving Zone Change 24-02 and Municipal Code Text Amendment 24-07, a Request to Change the Zoning Designations of Various Parcels Within the Boundaries of the Proposed Downtown Specific Plan and Amend Title 18 to Create a New Downtown Specific Plan Chapter, Amend Chapter 18.140 Creative Growth Zone, and Associated Clean Up Items as Required.
____________________________________________________________________________ At the regular City Council meeting of September 24, 2024, the City Council voted 5-0 to introduce Ordinance 1312 approving Zone Change 24-02 and Municipal Code Text Amendment 24-07, a request to change the zoning designations of various parcels within the boundaries of the proposed Downtown Specific Plan and amend Title 18 to create a new Downtown Specific Plan chapter, amend Chapter 18.140 Creative Growth Zone, and associated clean up items as required. Furthermore, the Council approved the Reduced Intensity Alternative of the Downtown Specific Plan which reduces the residential dwelling unit intensity of the Transit Village subarea from 40 units per acre to 30 units per acre, resulting in 196 fewer dwelling units, and would allow for a potential residential development of 3,185 residential units within the boundaries of the Downtown Specific Plan
Staff and the Planning Commission recommend the City Council:
• Conduct the second reading; and
• Adopt Ordinance 1312, approving Zone Change 24-02 and Municipal Code Text Amendment 24-07.

Attachments:

1. Ordinance 1312

ATTACHMENT 1
ORDINANCE 1312

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING ZONE CHANGE 24- 02 AND MUNICIPAL CODE TEXT AMENDMENT 24-07, A REQUEST TO

CHANGE THE ZONING DESIGNATION OF VARIOUS PARCELS WITHIN THE

BOUNDARIES OF THE PROPOSED DOWNTOWN SPECIFIC PLAN, AND
AMEND TITLE 18 TO CREATE A NEW DOWNTOWN SPECIFIC PLAN
CHAPTER, AMEND CHAPTER 18.140 CREATIVE GROWTH ZONE, AND

ASSOCIATED CLEAN UP ITEMS AS REQUIRED, ALONG WITH AN

ENVIRONMENTAL IMPACT REPORT FOR THE APPROVAL OF THE

DOWNTOWN SPECIFIC PLAN WHICH WILL ESTABLISH PLANNING AND

ZONING FRAMEWORK FOR THE DEVELOPMENT AND REDEVELOPMENT
OF THE DOWNTOWN OVER THE NEXT 20 YEARS.

WHEREAS, a Zone Change and Municipal Code Text Amendment (Amendments) have been duly initiated by the City of San Dimas; and
WHEREAS, the Amendments are required to amend the zoning designations of various parcels within the boundaries of the proposed Downtown Specific Plan, amend Title 18 to create a new Downtown Specific Plan chapter, amend Chapter 18.140 Creative Growth Zone, and associated clean up items as required, along with an Environmental Impact Report for the approval of the Downtown Specific Plan (Project) which will establish planning and zoning framework for the development and redevelopment of the downtown area over the next 20 years; and
WHEREAS, the Amendments would affect all parcels located within the boundaries of the proposed Project; and
WHEREAS, the City, pursuant to State Housing Law, is required to update the Housing Element of the City’s General Plan every eight years and includes the Housing Sites Inventory which represents the sites that will be available to address the City’s RHNA allocation; and WHEREAS, on September 1, 2022, the Planning Commission recommended approval of the Housing Element, which included the Housing Sites Inventory, to the City Council, and on September 27, 2022, the City Council voted 5-0 to adopt the Housing Element for the 2021-2029 planning period; and
WHEREAS, of 14 sites identified in the Housing Element’s Housing Sites Inventory, 11 are located within the Project boundaries and rezoning of these sites will keep the City in compliance with the Housing Element; and
WHEREAS, the proposed Amendments are a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., herein referred to as “CEQA”); and
WHEREAS, pursuant to and in accordance with the provisions of the CEQA, the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred

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Approving ZC 24-02, MCTA 24-07
to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the proposed Project; and WHEREAS, a Draft Environmental Impact Report (Draft EIR) was prepared in accordance with CEQA Guidelines to identify and evaluate potential environmental impacts of the proposed Project; and
WHEREAS, in accordance with CEQA Guidelines, a Notice of Preparation (NOP) was circulated for a 30-day public review starting on November 2, 2022 through December 2, 2022 to public agencies, organizations, and interested individuals; and WHEREAS, on November 16, 2022, a scoping meeting was held to seek input from public agencies and the general public regarding the potential environmental impacts of the proposed Project. The City received no comments/ questions with environmental concerns during the scoping meeting; and
WHEREAS, the Draft EIR was circulated for a 45-day public/responsible agency review on June 7, 2024 through July 22, 2024 and was also made available for review on the City’s website at www.sandimasca.gov. At the beginning of the public review period, a Notice of Completion was submitted to the State Clearinghouse (SCH No. 2022110018), and a Notice of Availability was published in the inland Valley Daily Bulletin pursuant to CEQA Guidelines. During the review period, the City received two comment letters and are included in the Response to Comments section of the Environmental Impact Report; and WHEREAS, the City subsequently prepared a Final EIR pursuant to CEQA Guidelines Sections 15088 and 15132, which includes the Draft EIR, Response to Comments, Mitigation Monitoring Reporting Program, as well as appendices of the aforementioned documents. A complete copy of the Final EIR is on file and can be viewed in the Community Development Department at 245 E. Bonita Avenue, San Dimas, California, and on the City’s website at www.sandimasca.gov; and
WHEREAS, the Planning Commission, at a special and noticed public hearing on September 5, 2024, heard evidence and voted 5-0 recommending that the City Council certify the Final EIR and the Mitigation Monitoring and Reporting Program, and recommended approval to the City Council of Zone Change 24-02, and Municipal Code Text Amendment 24-07, along with General Plan Amendment 24-02; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on September 24, 2024 at the hour of 7:00 p.m. with all testimony received being made part of the public record.

WHEREAS, the City Council has carefully and independently reviewed and considered all of the evidence presented with respect to the Final EIR and the Mitigation Monitoring and Reporting Program, the General Plan Amendment, Zone Change, and Municipal Code Text Amendment and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith, and voted 5-0 to certify the Final EIR and the Mitigation Monitoring and Reporting Program, and to approve General Plan Amendment 24-02, Zone Change 24-02, and Municipal Code Text Amendment 24-07 utilizing the Reduced Intensity Alternative of the Downtown Specific Plan analyzed in the Final EIR; and

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Approving ZC 24-02, MCTA 24-07
WHEREAS, the Reduced Intensity Alternative of the Downtown Specific Plan would reduce the residential dwelling unit intensity of the Transit Village subarea from 40 units per acre to 30 units per acre, resulting in 196 fewer dwelling units, and would allow for a potential residential development of 3,185 residential units within the boundaries of the Downtown Specific Plan.

NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Council at the hearing, including written and oral staff reports, together with public testimony, the City Council now finds as follows:

A. The proposed Amendments will not adversely affect adjoining property as to value, precedent or be detrimental to the area.

The proposed amendments will create the Downtown Specific Plan (DTSP), a planning document that will guide the City’s growth through development and redevelopment of the downtown area over the next 20 years. The DTSP will establish planning and zoning framework that will encourage innovative, transit-oriented development while preserving the character of the historic town core. The plan would allow new housing, retail, mixeduse, employment, entertainment and hospitality uses within the project area, oriented around the new A-Line light rail station. In addition, the plan will include development standards, land use regulations and design guidelines to ensure quality and responsible development of the downtown area. The boundaries of the DTSP and the document’s development standards were strategically created to provide protections to existing singlefamily neighborhoods and other adjoining properties. In addition, the proposed amendments are consistent with the City’s Housing Element and will help complete the rezoning of the City’s Housing Inventory Sites to accommodate the City’s RHNA allocation for the 2021-2029 planning period. Lastly, the goals of the DTSP are aimed at encouraging a broader mix of land uses, while maintaining the human-scale and historic character of downtown, improving the economic base of the City, creating vibrant and safe public spaces encouraging new residential development, and providing a variety of mobility options for the first and last mile connections to the future A-Line Light Rail transit station, which will improve the areas within the DTSP, which will benefit the City as a whole and not be detrimental to the any area.

B. The proposed Amendments will further the public health, safety and general welfare.

The proposed amendments will facilitate the approval and implementation of the Downtown Specific Plan (DTSP), which is intended to build upon and reimagine the City’s downtown by breathing additional life and activity into the commercial center of the City by proposing new housing, retail, mixed-use, employment, entertainment, and hospitality uses to activate the area. In addition, as required per CEQA guidelines, an Environmental Impact Report was prepared for the Project to asses all the potential impacts from the Project. Impacts related to cultural resources, geology and soils, noise, and tribal cultural resources were determined to be significant prior to mitigation and less than significant with implementation of proposed mitigation measures. Impacts related to air quality impacts associated with construction and operational emissions with implementation of the proposed DTSP would not be able to me mitigated to less than significant. However, it’s important to note that air quality thresholds are developed by SCAG (Southern California Association of Governments) for evaluation of individual development projects and, for this reason, the emissions estimated for plans like the DTSP will usually exceed these thresholds. Furthermore, the DTSP is a planning document to guide development

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and no specific development projects are proposed at this time. The DTSP would not directly enable or entitle construction or development activities and all future development within the proposed DTSP area will be subject to existing regulations, including adopted air quality standards, and subsequent environmental review under CEQA.

In addition, pursuant to CEQA Guidelines, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The City finds that “specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR." Therefore, while the Project would result in impacts related to Air Quality, due to SCAG’s methodology, the CEQA findings, attached as Exhibit B to Resolution 2024-68, approved separately, provides the rationale for carrying out the Project.

C. The proposed Amendments are consistent with the General Plan.

The proposed amendments, which consist of amending the land use designations of various parcels within the boundaries of the Downtown Specific Plan (DTSP), and amend Title 18 to create a new Downtown Specific Plan chapter for the creation of a new DTSP, and amend Chapter 18.140 Creative Growth Zone, along with associated clean up items a required, will allow the DTSP to be implemented. The proposed DTSP will be consistent with and expand upon the existing Downtown Mixed Use land use designation which is intended to provide a flexible land use in certain areas near the downtown area to provide the ability for developments that will strengthen the downtown area by including housing with commercial and office developments. The proposed amendments will be consistent with the Downtown Mixed Use land use designation by encouraging ground floor, pedestrian oriented, commercial, services and office uses with upper floors of residential uses. In addition, the proposed amendments are consistent with the City’s Housing Element and will complete the rezoning of the City’s Housing Inventory Sites to accommodate the City’s RHNA allocation for the 2021-2029 planning period. Lastly, the proposed amendments will be consistent with the following General Plan goals and policies:

Land Use Element
Policy LU-6.1: Give priority for redevelopment activities to declining areas within the City, particularly the Town Core and Puddingstone Center.

Policy LU-6.1.2: Encourage office and mixed uses to increase the day time population of Downtown to support the retail and service establishment such as restaurants and other businesses in Downtown.

Policy LU-6.1.3: Encourage night time activity such as restaurant and entertainment in Downtown.

Policy LU-9.1.3: Direct future development in a cohesive manner and promote the visual identity of the City’s important districts such as the Town Core, Civic Center, and Downtown.

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Approving ZC 24-02, MCTA 24-07
Housing Element
Policy HE-2.1: Adequate Sites. Provide opportunities for new housing that responds to community needs in terms of housing type, cost, and location by providing appropriate zoning and development standards.

Policy HE-2.2: Mixed Use. Promote the efficient use of land by encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations.

Policy HE-2.4: Downtown Housing. Provide and actively facilitate opportunities for the development of mixed use and infill housing in downtown San Dimas as part of the City’s ongoing revitalization strategy for the area.

Policy HE-3.3: Flexibility in Standards. Provide flexibility in development and design standards to accommodate new models and approaches to encourage mixed uses, live/work, accessory dwellings, and other types of housing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:

SECTION 1. ADOPTION. Zone Change 24-02 amending the zoning designations as set forth in Exhibit B, and Municipal Code Text Amendment 24-07 amending Title 18 as set forth in Exhibit C, subject to compliance with Conditions in Exhibit A, attached hereto and incorporated herein, are hereby adopted.

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

SECTION 3. CEQA DETERMINATION. The City Council hereby finds and determines pursuant to the California Environmental Quality Act (CEQA), that the City prepared a Draft EIR for the proposed Downtown Specific Plan and was circulated for a 45-day public/responsible agency review on June 7, 2024 through July 22, 2024 and was also made available for review on the City’s website at www.sandimasca.gov. The City subsequently prepared a Final EIR pursuant to CEQA Guidelines Sections 15088 and 15132, which includes the Draft EIR, Response to Comments, Mitigation Monitoring Reporting Program, as well as appendices of the aforementioned documents.

Pursuant to CEQA guidelines, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The Final EIR has identified that impacts related to Air Quality would be significant and unavoidable with imposition of all feasible mitigation, and pursuant to CEQA Guideline Section 15091 the City has found that “specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR" and provide the rationale for

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Approving ZC 24-02, MCTA 24-07
carrying out the Project. On September 24, 2024, the City Council, through the adoption of Resolution 2024-68, approved separately, certified that the Final EIR is adequate and in compliance with the California Environmental Quality Act (CEQA), and adoption of the CEQA findings of fact, the statement of overriding considerations with respect to certain significant adverse environmental impacts identified in the Final Environmental Impact Report, and the Mitigation Monitoring Program for the approval of the Downtown Specific Plan.

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 8th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1312 was introduced at a regular meeting of said City Council held on the 24 day of September, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 8 day of October, 2024.
___________________________
Debra Black, City Clerk

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Approving ZC 24-02, MCTA 24-07
Exhibit A
Conditions of Approval for
General Plan Amendment 24-02, Zone Change 24-02, and Municipal Code Text Amendment 24- 07 to amend the land use and zoning designations of parcels within the boundaries of the proposed Downtown Specific Plan, and to amend Title 18 to create a chapter for the creation of a new Downtown Specific Plan and associated clean up items as required.

The Mitigation Monitoring and Reporting Program (MMRP) for the San Dimas Downtown Specific Plan Project is included in the Final EIR, and are intended to ensure the successful implementation of the mitigation measures. The mitigation measures consist of:

Air Quality Mitigation Measures

1. MM AQ-1: Conduct project specific air quality analysis. The City shall require future projects that are subject to discretionary approval and that are not found to be exempt from CEQA review to evaluate potential air quality impacts as part of project-level CEQA analysis and implement respective mitigation measures to minimize impacts that exceed SCAQMD thresholds.

2. MM AQ-2: Prior to the issuance of any construction related permits, the Project Applicant shall prepare and implement a worker training program that describes the potential health hazards associated with Valley Fever, common symptoms, proper safety procedures to minimize health hazards, and notification procedures if suspected work related symptoms are identified during construction. Additionally, this training program shall include worker training on the implementation requirements of the SCAQMD approved Dust Control Plan.

Copies of the training program shall be provided to the City of San Dimas Planning Division. The worker training program shall identify safety measures to be implemented by construction contractors during construction. These measures shall include the following:
a. HEPA-filtered, air-conditioned enclosed cabs shall be provided on heavy equipment when available. Workers shall be trained on the proper use of cabs, such as turning on air conditioning prior to using the equipment; b. Communication methods, such as two-way radios, shall be provided for use by workers in enclosed cabs;
c. Personal protective equipment (PPE), such as half-mask and/or full-mask respirators equipped with particulate filtration, shall be provided to workers active in dusty work areas upon request;
d. Separate, clean eating areas with hand-washing facilities shall be provided for construction workers;
e. Equipment, vehicles, and other items shall be cleaned before they are moved offsite to other work locations.

3. MM AQ-3: Construction Equipment. The project applicant for individual developments or projects envisioned in the DTSP shall ensure the following requirements are incorporated into applicable bid documents, purchase orders, and contracts. Contractors shall confirm the ability to supply the compliant construction equipment prior to any ground-disturbing and construction activities:
a. Mobile off-road construction equipment (wheeled or tracked) greater than 50 hp used during construction of the project shall meet the U.S. EPA Tier 4 final

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Approving ZC 24-02, MCTA 24-07
standards. In the event of specialized equipment use where Tier 4 equipment is not commercially available at the time of construction, the equipment shall, at a minimum, meet the Tier 3 standards. Zero-emissions construction equipment may be incorporated in lieu of Tier 4 final equipment. A copy of each equipment’s certified tier specification or model year specification shall be available to the City upon request at the time of mobilization of each piece of equipment. b. Mobile off-road construction equipment less than 50 hp used during construction of the individual projects shall be electric or other alternative fuel type. A copy of each unit’s certified tier specification or model year specification shall be available to the City upon request at the time of mobilization of each applicable unit of equipment.
c. Electric hook-ups to the power grid shall be used instead of temporary diesel- or gasoline powered generators, whenever feasible during construction of development or projects envisioned in the DTSP. If generators need to be used, the generators shall be non-diesel generators.

4. MM AQ-4: Before occupancy of new structures within the Project Site, the applicant for an individual development project within the DTSP Area must provide to the Director of Community Development of the incorporation of low-emission technology including solar water heaters, air-source heat pump, natural gas, and/or gas boosted solar as deemed appropriate by future project specific analysis.

Cultural Resources Mitigation Measures

5. MM CUL-1: Historical Resources Evaluation. During review of applications for individual development projects in the DTSP area, the City shall confirm the presence of historical resources with the potential to be impacted by the proposed project. If the property on which the project or development is proposed is not currently designated but contains built environment features over 45 years of age, a historical resources evaluation shall be prepared by an architectural historian or historian who meets the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in architectural history or history (36 Code of Federal Regulations Part 61). The qualified architectural historian or historian shall conduct an intensive-level survey and perform the historical evaluation in accordance with the guidelines and best practices promulgated by the California Office of Historic Preservation (OHP). Properties shall be evaluated within their historic context and documented in a report meeting the California OHP guidelines. All evaluated properties shall be documented on California Department of Parks and Recreation Series 523 Forms.

The report with attached DPR forms shall be submitted to the City for review and concurrence.

6. MM CUL-2: Prior to obtaining a building permit for any structure that would modify a structure included on the City’s list of historic resources, a Historical Resource Documentation Report shall be prepared by an architectural historian or historian who meets the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in architectural history or history (36 Code of Federal Regulations Part 61) that demonstrates that all modifications will be designed and implemented in compliance with the Secretary of the Interior’s Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings and/or the State Historical Building Code, as appropriate.

Geology and Soils Mitigation Measures

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Approving ZC 24-02, MCTA 24-07

7. MM GEO-1: Unanticipated Discovery of Paleontological Resources. In the event an unanticipated fossil discovery is made during project development, work in the immediate vicinity of the find shall be stopped, and a qualified professional paleontologist shall be retained to evaluate the discovery, determine its significance, and identify if mitigation or treatment is warranted. Significant paleontological resources found during construction monitoring shall be prepared, identified, analyzed, and permanently curated in an approved regional museum repository. Work around the discovery shall only resume once the find is properly documented and authorization is given to resume construction work.

Noise Mitigation Measures

8. MM N-1: Prior to the issuance of grading permits, the Applicant for a development project in the DTSP area or their designee shall develop a Construction Noise Reduction Plan to minimize construction noise at nearby noise sensitive receptors. The Construction Noise Reduction Plan shall be developed in coordination with a certified acoustical consultant and the Project construction contractors and shall be approved by the City of San Dimas. The Construction Noise Reduction Plan shall outline and identify noise complaint measures, best management construction practices, and equipment noise reduction measures. The Construction Noise Reduction Plan shall include, but is not limited to, the following actions:
a. Construction equipment shall be properly maintained per manufacturers’ specifications and fitted with the best available noise suppression devices (i.e., mufflers, silencers, wraps, etc.).
b. Noise construction activities whose specific location on the DTSP area may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as feasibly possible from the nearest noise sensitive land uses.
c. If feasible, schedule grading activities so as to avoid operating numerous pieces of heavy-duty off-road construction equipment (e.g., backhoes, dozers, excavators, loaders, rollers, etc.) simultaneously in close proximity to the boundary of properties of off-site noise sensitive receptors surrounding the DTSP area to reduce construction noise levels by approximately 5 to 10 dB. d. Shroud or shield all impact tools, and muffle or shield all intake and exhaust port on power equipment to reduce construction noise by 10 dB or more. e. Where feasible, temporary barriers, including but not limited to, sound blankets on existing fences and walls, or freestanding portable sound walls, shall be placed as close to the noise source or as close to the receptor as possible and break the line of sight between the source and receptor where modeled levels exceed applicable standards. Noise barriers may include, but is not necessarily limited to, using appropriately thick wooden panel walls (at least 0.5-inches think). Such barriers shall reduce construction noise by 5 to 10 dB at nearby noise-sensitive receptor locations. Alternatively, field-erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity. The barrier material is assumed to be solid and dense enough to demonstrate acoustical transmission loss that is at least 10 dB or greater than the estimated noise reduction effect. These suggested barrier types do not represent the only ways to achieve the indicated noise reduction in dB; they represent examples of how such noise attenuation might be attained by this measure.

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f. Implement noise compliant reporting. A sign, legible at a distance of 50 feet, shall be posted at the Project construction site, providing a contact name and a telephone number where residents can inquire about the construction process and register complaints. This sign will indicate the dates and duration of construction activities. In conjunction with this required posting, a noise disturbance coordinator will be identified to address construction noise concerns received. The contact name and the telephone number for the noise disturbance coordinator will be posted on the sign. The coordinator will be responsible for responding to any local complaints about construction noise and will notify the County to determine the cause and implement reasonable measures to the complaint, as deemed acceptable by the City.

END OF CONDITIONS

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Exhibit B
Existing Zoning Designations

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Proposed Zoning Designations
Exhibit C
Title 18 Changes
New text is in blue underlined
Deleted text is in red and strikethrough
New Chapter Created
Chapter 18.50

DOWNTOWN SPECIFIC PLAN
Sections:

18.50.010 Purpose.

18.50.020 Applicability of specific plan.

18.50.030 Specific plan zoning designations.

18.50.040 Land use and development standards.

18.50.050 Amendments to specific plan.

18.50.060 Enforcement and penalties.

18.50.010 Purpose.

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Approving ZC 24-02, MCTA 24-07
The Downtown Specific Plan is established through the authority granted to the City of San Dimas by California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 (Specific Plans). As expressed in California law, Specific Plans may be adopted either by ordinance or resolution and are intended to provide the vision, zoning standards and design guidelines, infrastructure design, and implementation procedures for all land within the plan area. Any ministerial or discretionary approval related to properties within the boundaries of the Downtown Specific Plan must be consistent with the Downtown Specific Plan. The Downtown Specific Plan document shall be referenced by title and be available for viewing on the City’s Community Development webpage and upon request at the at City’s Planning Division.

18.50.020 Applicability of specific plan.

The Downtown Specific Plan shall govern all uses and development of properties within the boundaries of the Specific Plan, as identified in the Specific Plan.

18.50.030 Specific plan zoning designations.

The planning area has been divided into six sub-areas (zoning) for understanding its existing urban form and character, and potential for change. Characteristics vary among the areas that reflect land use, building scale, architectural style, and other factors. The sub-areas within the Specific Plan consist of Gateway Village West, Gateway Village East, Transit Village, Town Core, Public/Semi-Public and Open Space. The Plan also includes two overlays; Town Core Commercial Overlay and Housing Element Sites Overlay.

18.50.040 Land use and development standards
The Downtown Specific Plan establishes the land use regulations and development standards applicable to the properties within the Specific Plan. Where any provision of the Specific Plan and the San Dimas Municipal Code appear to be in conflict or for matters on which the Specific Plan is silent, the provisions of the San Dimas Municipal Code shall apply.

18.50.050 Amendments to specific plan.

Amendments to this ordinance and to the Downtown Specific Plan document shall be subject to procedures set forth in Chapter 18.208 of the San Dimas Municipal Code. Amendments for the sole purpose of clarification and which do not add or delete provisions of the Specific Plan may be completed with the approval of the Director of Community Development or designee, and not subject to Chapter 18.208, at the discretion of the Director.

18.50.60 Enforcement and penalties.

A. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable as set forth in Chapter 1.12 of the San Dimas Municipal Code.

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Approving ZC 24-02, MCTA 24-07
B. Nothing herein shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance.

Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

C. Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of San Dimas.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

Changes to Chapter 18.140
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Deleted text is in red and strikethrough

C-G CREATIVE-GROWTH ZONE

18.140.010. Purpose.

The purpose of the creative growth area plan is to promote amenities beyond those expected under conventional planning and development, represented by a commitment to a special architectural theme. This theme was expressed by the city council on August 24, 1970, as "early California village," which represents architectural styles circa 1890's. Developers are required to adopt this theme, in an architecturally creative approach to developing the most marketable and compatible uses possible in this central business district. To implement this plan, specific areas are further defined to integrate compatible uses while maintaining flexibility in commercial investment decisions.

18.140.020. Specific plan.

The creative growth area plan (hereinafter referred to in this chapter as the "plan") is an instrument for guiding, coordinating and regulating the development of property within the area designated in Exhibit A of this Ordinance. on the area map (hereinafter referred to in this chapter as the "area map"), a copy of which map is on file in the office of the city clerk.

The plan replaces the usual zoning regulations. It is a "specific plan" as authorized in Article 8 of Chapter 3 of the state Planning and Zoning Law.

The plan is consistent with and carries out the projections of the general plan of the city. (Ord. 37 § 280.01, 1961; Ord. 673 § 1, 1979)

18.140.040. Plan review.

A. No person shall construct any building or structure or enlarge or modify any existing building or structure, make any exterior alterations, or use any property in the creative growth area until approval has been obtained pursuant to Chapter 18.12. (Ord. 37 § 280.03, 1961; Ord. 673 § 1, 1979; Ord. 1005 § 1 (Exh. A, § 9), 1993)

18.140.060. Additional findings.

In reviewing a development plan in the creative growth area, the approving authority shall make the following additional findings:

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Approving ZC 24-02, MCTA 24-07
A. The architectural character is in conformance with the early California village theme concept with respect to:

1. Size;

2. Color;

3. Materials;

4. Site design and building design.

B. The following elements shall be shown and so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and that there will be no adverse effect on surrounding property:

1. Buildings, structures and improvements;

2. Vehicular ingress, egress and internal circulation;

3. Setbacks;

4. Height of buildings;

5. Service areas;

6. Walls;

7. Landscaping;

8. Such other elements as are found to be relevant to the fulfillment of the purposes of this zone.

18.140.090. Uses in specific plan areas.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the permitted and conditionally permitted uses described in each area, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section 18.192.040.

The determination of the director may be appealed to the development plan review board and, thereafter, the city council, pursuant to Chapter 18.212 of this title. Conditional uses shall be subject to Chapter 18.200 of this title. All uses shall be subject to the property development standards in Section 18.140.100, and shall be located only where designated on the specific plan map (Exhibit A)., which map is on file in the office of the city clerk.

All uses and storage shall be conducted within a totally enclosed building with the exception of nursery stock or unless permitted as a conditional use in this zone by conditional use permit pursuant to Chapter 18.200. Uses made nonconforming by the adoption of the ordinance codified in this chapter, or any amendment thereto, may be continued in accordance with Section 18.204.170, provided that there shall be no expansion or change of an existing use that is nonconforming to another nonconforming use, and there shall be no expansion, change or alteration of any building or structure that is nonconforming on the subject property.

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A. Area 1—Regional Commercial. The purpose of this area is to take full advantage of excellent freeway access and visibility and to encourage the development of major commercial enterprises, as well as those related to the needs of freeway travelers.

1. Permitted Uses.
a. Any retail, which is conducted entirely within a totally enclosed building, provided that no business involving the manufacture, fabrication or wholesaling of goods shall be permitted unless it is related, secondary and incidental to another permitted use and receives prior written approval from the director of community development upon finding that it is not more obnoxious or detrimental to the public health, safety and welfare than any other permitted use. Any retail, which is conducted entirely within a totally enclosed building, provided that no business involving the manufacture, fabrication or wholesaling of goods
b. shall be permitted unless it is related, secondary and incidental to another permitted use and receives prior written approval from the director of community development upon finding that it is not more obnoxious or detrimental to the public health, safety and welfare than any other permitted use. The determination of the director of community development may be appealed to the development plan review board and, thereafter, the city council in accordance with Chapter 18.212;
c. Hardware and home improvement centers;
d. New home furnishing and appliance outlets;
e. Financial institutions, including banks, savings and loan associations, and credit unions;
f. Restaurants provided that they not contain drive-in or drive-through service; g. Specialty retail, food, wholesale and catalog stores; h. Accessory billiard use, up to a maximum of four tables, which is secondary and incidental to a use permitted or permitted with a conditional use permit, in this zone which is also defined by Section 18.08.007 of this title; i. Medical office to include, but not be limited to, such uses as medical clinics, dental, and optometry;
j. Professional business office to include, but not be limited to, accounting and billing services, insurance office, legal services and graphic design office; k. Service business to include, but not be limited to, nail shop, barber and beauty shop, shoe repair, watch repair and dry cleaners, etc., these uses are intended to have daily customer foot traffic;
l. Day spas with or without accessory massage only;
m. Veterinary, pet grooming and pet hotel;

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n. New auto show room; no test driving, no repairs, no outdoor storage; o. Accessory massage permitted with the following primary businesses: day spa, beauty salon, barbershop and similar uses;
p. Audio and related small-scale installation services; q. Accessory Uses. Accessory uses shall be permitted provided that such use is a secondary and incidental use to a permitted use in this specific plan. The appropriateness of the associated use shall be determined by the director of development services. The accessory use shall not occupy more than fortynine percent of the tenant space excluding hallways, bathrooms, lunch rooms, offices, locker rooms and storage rooms.

2. Conditional Uses.
a. All uses listed in Section 18.532.240, which because of operational characteristics specific to that particular business is found by the director of development services to have the potential to negatively impact adjoining properties, businesses or residents, and therefore requires additional approval and consideration. The impacts may be related to, but not necessarily limited to, impacts of traffic, hours of operation, assemblages of people, noise, or site location;
b. Eating establishments, with drive-through service;
c. Cinemas and movie theater facilities in conjunction with a shopping center incorporating retail, wholesale and similar uses with a minimum floor area of twenty thousand square feet per store;
d. Off-sale of alcohol beverages provided that such use is secondary and incidental to a permitted use;
e. On-sale sale of alcohol beverages provided that such use is secondary and incidental to a permitted use;
f. On-site brewing and service of beer produced on the premises, provided that such use is secondary and incidental to a restaurant. The brewing component shall be limited to a maximum production of five thousand barrels per year unless an increased production volume is granted by the planning commission to support the commercial business after finding that the production volume and operations are compatible with the subject site and its surroundings during review of the conditional use permit; g. Health/exercise club to include, but not be limited to, uses such as: personal trainers, Pilates, and yoga;
h. Recreational entertainment to include, but not be limited to, uses such as:
inflatable jumper facilities and laser tag;

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i. Instructional physical activities to include, but not be limited to, uses such as dance studio, martial arts studio, and trampoline;
j. Hotels and motels, including retail establishments as part of a hotel or motel complex;
k. Gasoline service stations in areas designated on the specific plan map; l. Accessory game arcade consisting of seven or more machines within an indoor recreational facility;
m. Indoor sales of outdoor recreation vehicles including all-terrain vehicles, motorcycles, dirt-bikes and jet skis;
n. Thrift stores; provided that on-site donation collection facilities may be restricted or prohibited in conjunction with the review of the conditional use permit;
o. Other uses which are consistent with the intent and provisions of the specific plan, as determined by the director of development services, in accordance with Section 18.192.040. The determination of the director of development services may be appealed to the development plan review board and thereafter to the city council in accordance with Chapter 18.212 of this title.

3. Prohibited Uses.
a. Fortunetelling;
b. Massage as a primary use;
c. Professional offices that are noncustomer based on a daily occurrence; d. Child care facility;
e. Educational institutions;
f. Vocational schools;
g. Church and related facilities;
h. Tattoo and/or piercing parlors;
i. Hookah and/or smoking lounge including electronic cigarettes; j. Self-serve laundry facilities;
k. Gambling facilities;
l. Industrial uses;
m. Residential uses;
n. Billboards and other similar off-site outdoor advertising structures;

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o. Banquet facilities, except where accessory to a restaurant; p. Game arcades other than accessory game arcades specifically authorized in this chapter;
q. Check cashing stores;
r. Gold exchange stores;
s. Community centers and meeting halls;
t. Other uses which are inconsistent with the intent and provisions of the zone, as determined by the director of development services, in accordance with Section 18.192.040. The determination of the director of development services may be appealed to the development plan review board and thereafter the city council in accordance with Chapter 18.212 of this title.

B. Area 2—Frontier Village. The purpose of this area is to provide for neighborhood commercial uses and other convenience goods and service businesses which service the day-to-day-living needs of nearby neighborhoods or a larger section of the city. In addition, it is recognized that certain parcels east of the Puddingstone Shopping Center may be suitable for medium-high density residential development, including apartments, townhouses or condominiums.

1. Permitted Uses.
a. Convenience goods and service businesses, including food markets, pharmacies, liquor stores, barber or beauty shops, cleaners and laundries, small appliance repair businesses and similar uses;
b. Eating places, including take-out service businesses, but not including drivein or drive-through facilities, provided that eating places shall not be permitted where the number of required parking spaces, pursuant to Ordinance 269, as amended, exceeds thirty-five percent of the number of common parking spaces provided in any shopping center or development in which such eating places are located;
c. Specialty commercial uses, such as antique shops, jewelry stores, music stores, auto and truck parts and supply businesses, and similar uses; d. Professional, administrative and sales office uses, provided that such uses are not located on the ground floor of any structure unless approved by the development plan review board upon making the findings set forth in Section

18.192.040. The determination of the development plan review board may be appealed to the city council in accordance with Chapter 18.212; e. Accessory game arcades up to a maximum of six machines, provided that such machines are secondary and incidental to a permitted use in this zone which is also defined by Section 18.08.012;
f. Wire transmission office;

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g. Accessory billiard use, up to a maximum of four tables, which is secondary and incidental to a use permitted or permitted with a conditional use permit, in this zone which is also defined by Section 18.08.007 of this title; h. Accessory massage permitted with the following primary businesses: athletic club, salon, barbershop and similar uses.

2. Conditional Uses.
a. On-sale alcoholic beverages, provided that such use is incidental and secondary to another permitted use in this Area 2;
b. On-site brewing and service of beer produced on the premises, provided that such use is secondary and incidental to a restaurant. The brewing component shall be limited to a maximum production of five thousand barrels per year unless an increased production volume is granted by the planning commission to support the commercial business after finding that the production volume and operations are compatible with the subject site and its surroundings during review of the conditional use permit; c. Off-sale alcoholic beverages;
d. Gasoline service stations, but only where such use is designated on the specific plan area map;
e. Automobile tire sales and service;
f. Automotive repair;
g. Outdoor sale, storage and display of merchandise and/or provision of services, provided that such uses are in conjunction with and are related to a permitted use within a structure on the same lot or parcel, unless otherwise permitted in accordance with Chapter 18.196, Temporary Uses; h. Medium-high density residential uses, including apartments, townhouses and condominiums, provided that these are located only in areas so designated on the specific plan area map or were originally established before the year 1950;
i. Motorcycle sales and services;
j. Athletic clubs and performing arts studios;
k. Mass transit facilities, such as bus and train stations; l. Senior citizen housing projects;
m. Accessory game arcades consisting of seven or more machines within an indoor recreation facility;
n. Theaters and bowling alleys;
o. Senior citizen housing located on the second and third floors of buildings.

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3. Prohibited Uses. Drive-through style eating places and those uses prohibited in Area 1, other than supermarkets, residential uses and convenience markets.

CA. Area 3—Mixed Use. The purpose of this area is to provide an attractively developed entry into the central portion of downtown San Dimas along the San Dimas Avenue corridor and to provide an extension of Frontier Village. Zoning standards for this area are designed to provide the flexibility to allow commercial, office, service and live/work uses as well as residential uses that are designed to blend with the traditional design standards in the area.

To ensure compatibility with the adjacent historic neighborhoods, traditional architectural design is encouraged. Generally, buildings, whether commercial or office, should be designed in a way to accommodate commercial activities, with storefronts encouraged along streets and major driveways. Multifamily residential uses should be designed in a way to blend well with the commercial block architectural styles and should have architectural features that are reminiscent of historical designs. Loft residential buildings should be designed to be compatible with traditional architecture, but may have more of an industrial or packing house feel because of higher building heights. Underground congregate parking areas are encouraged.

1. Area 3—Definitions.
"Live/work units" mean individual units that are used jointly for residential and business uses. For the purposes of this chapter, the first floor spaces of live/work units shall be reserved for commercial, office and service businesses that are open to the public. Garage and areas above the first floor shall be reserved for residential use.
"Loft residential units" mean multi-story residential units with greater than average ceiling heights, where not more than sixty percent of the unit has second floor area and where all parking is located remote from the unit.

2. Area 3—Sub-Areas. The Creative Growth Zone Area 3 is made up of threefour sub-areas as defined in Exhibit A. The sub-areas are intended to provide a wellorganized land use framework to encourage high quality design while allowing a mix of uses within a small planning area.
a. Mixed use/commercial office;
b. High density residential;
cb._Medium density;
dc._ Single family.

3. Permitted Uses.
c. Sub-Area A-Downtown Mixed Use.
i. Retail commercial, office and service businesses;
ii. Eating places, including take-out service, but not including drive-through or drive-in facilities;

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iii. Accessory game arcade up to a maximum of six machines, provided that such machines are secondary and incidental to a permitted use in this zone which is also defined by Section 18.08.012 of this title; iv. Accessory massage permitted with the following primary businesses: day spa, beauty salon, barbershop and similar uses.
d. Sub-Area C-Low-Medium Density. Detached condominiums with the total number of units not to exceed forty.
e. Sub-Area D-Single Family. Up to five detached single-family residential units:
i. The minimum lot size is five thousand square feet;
ii. Maximum one story and eighteen feet in height;
iii. Maximum lot coverage is forty percent;
iv. Maximum house size (not including garage) is two thousand one hundred square feet;
v. Setbacks: Front yard setback shall be 15 feet, interior yard shall be five feet on one side and ten feet on the other, corner lot street side shall be 15 and interior side shall be ten feet, and rear yard shall be five feet, as provided in Exhibit B;
vi. The minimum side yard setback is five feet on one side and ten feet on the other.

4. Conditional Uses.
f. Sub-Area A—Mixed Use/Commercial Office.
i. Condominium, apartment and other similar multifamily projects, located on the second floor and third floor of buildings when commercial/office uses are located on the first floor;
ii. Residential projects where fifty percent or more of the units are designed as live/work units;
iii. Senior citizen housing located on the second and third floors of buildings; iv. Gasoline Service Stations. Existing gasoline service stations shall not be permitted to extend, expand or enlarge the existing building or use, unless there is complete reconstruction of the existing facilities. If an existing gasoline service station is reconstructed to the above standard, the use may be expanded to include a convenience store and/or a restaurant use;
v. On-sale alcoholic beverages, provided that this use is secondary and incidental to another permitted use in this Area 3;

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vi. On-site brewing and service of beer produced on the premises, provided that such use is secondary and incidental to a restaurant. The brewing component shall be limited to a maximum production of five thousand barrels per year unless an increased production volume is granted by the planning commission to support the commercial business after finding that the production volume and operations are compatible with the subject site and its surroundings during review of the conditional use permit;
vii. Off-sale alcoholic beverages, provided that this use is secondary and incidental to another permitted use in this Area 3.
g. Sub-Area B—High Density Residential.
i. Condominiums and townhouses;
ii. Loft residential units;
iii. Senior citizen housing located on the second and third floors of buildings.

5. Other Uses. Other similar permitted and conditional uses determined by the director of community development to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings as set forth in Section

18.192.040 of this title. The determination of the director may be appealed to the development plan review board and, thereafter, the city council in accordance with Chapter 18.212 of this title.

6. Area 3—Property Development Standards.
h. Building Height. No provisions. Allowable building height shall be determined by the development plan review board.
i. Setbacks. As provided in Exhibit B located at the end of this chapter. j. Street Standards. The minimum standards for street and right-of-way widths within developments shall be determined for each project by the city council.

The intent of this requirement is to work together with setback requirements to encourage a downtown environment with a preference toward the pedestrian rather than automobile.
k. Parking. The following parking requirements and standards are specific to the Creative Growth Zone Area 3.
i. Required Parking.
(A) Single-Family Residential Use. Two garage spaces. A minimum size of twenty feet by twenty feet is required.
(B) Multiple-Family with Garage Space Attached. Two garage spaces.

A minimum size of twenty feet by twenty feet is required. Plus one

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noncovered space for each additional bedroom beyond two bedrooms per unit, plus one guest space for each three units. (C) Multiple-Family with Congregate Garage Spaces. Two parking spaces with a minimum size of nine and one-half feet wide and eighteen feet deep. Plus one noncovered space for each additional bedroom beyond two bedrooms per unit, plus one guest space for each three units.
(D) Live/Work Units. Two garage spaces. A minimum size of twenty feet by twenty feet is required. Plus one noncovered space for each additional bedroom beyond two bedrooms per unit, plus one guest space for each three units. Plus one space for every two hundred fifty square feet of commercial/office/service space that may be waived, if adequate public parking is provided within five hundred feet of the public access.
(E) Seniors Apartments. For units under eight hundred square feet.

One covered or noncovered parking space shall be provided for each 1.25 units, (four spaces for each five units). For units of eight hundred square feet and larger. One covered or noncovered parking space shall be provided for every unit.
ii. Parking Design.
(A) All multiple-family units shall provide for a storage area of not less than two hundred fifty cubic feet within the garage area or other approved location.
(B) Tandem parking spaces may be used for a maximum of twenty percent of all required spaces within a project and shall be a minimum of ten feet, six inches wide and nineteen feet deep per space. iii. Other Parking Requirements. Unless listed specifically in this section, parking requirements are as provided for in Chapter 18.156 of this title.

7. Sign Regulations. Subject to the requirements in Section 18.152.150 of this title.

8. Nonconforming Uses. There shall be no extension, expansion or enlargement of an existing nonconforming use, nor shall there be the addition of structures or other facilities in conjunction with such existing use.

C._B. Area 4—Commercial/Light Industrial. The purpose of this area is to provide for light- industrial and commercial uses.

1. Permitted Uses.
a. All uses permitted in the M-1 zone;
b. Retail and service businesses;

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c. Other similar uses determined by the director of community development to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings as set forth in Section

18.192.040. The determination of the director may be appealed to the development plan review board and, thereafter, the city council in accordance with Chapter 18.212 of this title;
d. Accessory game arcade up to a maximum of six machines, provided that such machines are secondary and incidental to a permitted use in this zone which is also defined by Section 18.08.012;
e. Accessory billiard use, up to a maximum of four tables, which is secondary and incidental to a use permitted or permitted with a conditional use permit, in this zone which is also defined by Section 18.08.007 of this title; f. Accessory massage permitted with the following primary businesses: athletic club, day spa, beauty salon, barbershop and similar uses.

2. Conditional Uses.
a. All uses listed as conditional uses in the M-1 zone; b. Theaters provided that they are walk-in, indoor;
c. All uses listed as conditional uses in Area 3, except for all prohibited uses listed in subsection 3 of this section;
d. Accessory game arcade consisting of seven or more machines within an indoor recreation facility.

3. Prohibited Uses.
a. Gambling facilities;
b. Residential uses;
c. Convenience markets;
d. Food markets;
e. Office uses which are not incidental to a permitted or conditionally permitted use; f. Billboards and other similar off-site outdoor advertising structures; g. Game arcades other than accessory game arcades specifically authorized in this chapter;
h. Other uses inconsistent with the intent and provisions of this zone, as determined by the director of community development, in accordance with Section 18.192.040. The determination of the director of community development may be appealed to the development plan review board and, thereafter, the city council in accordance with Chapter 18.212 of this title.

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18.140.100. Property development standards.

The following property development standards shall apply to all land and buildings in the creative growth area, except that any lot held under separate ownership or of record on the effective date of the ordinance codified in this chapter, which is substandard in dimensions may be used subject to all other standards. When conflicts occur between this Section and Section 18.140.090.A.6, the standards in Section 18.140.090.A.6, shall prevail:

A. Lot Area. No provisions.

B. Lot Dimensions. No provisions.

C. Building Height.

1. No building or structure erected in this zone shall exceed two stories in height except by conditional use permit.

2. Exceptions.
a. Penthouses or roof structures for the housing or elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys and other similar structures may be erected above the height limits prescribed in this subsection, provided such structures are compatible with the architectural design of the building and the surroundings. b. Air conditioning units, electrical switch gear and panels, compressors and similar mechanical equipment shall be enclosed within an enclosure compatible with the architectural design of the building. Air conditioning units, electrical switch gear and panels, compressors and similar mechanical equipment shall be enclosed within an enclosure compatible with the architectural design of the building.

D. Yards. Yards shall be measured perpendicular to the property line. When the creative growth overlay zone abuts a residential zone, there shall be a yard of not less than ten feet. Required yards shall be landscaped and maintained; a complete automatic sprinkler system shall be provided. Yards shall be provided as designated in Exhibit B to the ordinance codified in this chapter, a copy of which is on file in the office of the city clerk.

E. Walls. Masonry walls six feet in height shall be erected on the zone boundary line between the creative growth zone and any residential zone.

F. Off-Street Parking. The provisions of Chapter 18.156 shall apply.

G. Utilities. All utilities provided to serve new buildings or to serve existing buildings undergoing alterations requiring change-out of service shall be installed underground.

H. Trash Storage. A city standard plan trash storage area shall be provided in an appropriate location, convenient to users.

I. Signs.

1. The provisions of Chapter 18.152 shall apply.

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2. The approving authority shall find prior to the issuance of an approval of a sign or sign program that the proposed design is in conformance with the Early California village theme and good design principles with respect to:
a. Height;
b. Location;
c. Size;
d. Color;
e. Materials;
f. Lighting;
g. Compatibility to structure it is identifying.

J. Lighting.

1. All exposed lighting fixtures shall be decorative and in keeping with the Early California village theme.

2. Lighting shall be so designed to reflect away from adjoining properties, streets and roads.

K. Landscaping. The review board may require landscaping in addition to required yards as follows:

1. Buffering adjoining properties;

2. Complementing building designs in and adjoining parking lots.

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EXHIBIT A – GROWTH AREAS

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EXHIBIT A – CREATIVE GROWTH AREA MAPS
Note: Subareas 1 & 2 have been replaced by the Downtown Specific Plan SUBAREA 3

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SUBAREA 4

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EXHIBIT B – SETBACKS

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Brandon Slater, Associate Engineer
Subject: Award an Annual Striping Maintenance Contract to Superior Pavement Markings Inc.; in an Amount Not to Exceed $300,182 for Fiscal Year 2024-2025, $150,000 for Fiscal Year 2025-2026, with One Optional Two-Year Extension in an Amount Not to Exceed $150,000 Per Fiscal Year; Authorize the City Manager to Execute the Maintenance Contract with Superior Pavement Markings, Inc. in a Form Approved by the City Attorney; and Approve Contract Specifications Which are on File in the Public Works Department.
____________________________________________________________________________

SUMMARY
The City’s annual traffic striping maintenance contract provides and maintains traffic striping and pavement markings as needed for vehicle and pedestrian safety. This maintenance contract would include an initial term expiring June 30, 2026, with one optional two-year extension contingent upon contractor performance which if approved at a later date would extend the contract through June 30, 2028. If approved, San Dimas would piggyback on the City of Orange’s formal bid, entering into a contract with Superior Pavement Markings, Inc. to provide annual traffic striping and pavement marking maintenance as needed for the City of San Dimas.

RECOMMENDATION
Staff recommends the City Council:

1. Authorize award of an annual striping maintenance contract to Superior Pavement Markings, Inc. in an amount not to exceed $300,182 for Fiscal Year 2024-2025, $150,000 for Fiscal Year 2025-2026, with one optional two-year extension in an amount not to exceed $150,000 per fiscal year.

2. Authorize the City Manager to execute the Maintenance Contract with Superior Pavement Markings, Inc. in a form approved by the City Attorney.

3. Approve contract specifications which are on file in the Public Works Department.

Award of An Annual Striping Maintenance Contract to Superior Pavement Markings Inc.

For the Meeting of October 8, 2024 Page 2

FISCAL IMPACT
The total expenditure for this contract is $300,182.00 for the Fiscal Year 2024-2025, and $150,000 for Fiscal Year 2025-2026 to be funded through Fund 01 and Fund 02. If the optional two-year extension is approved an annual amount of $150,000 will be funded at the time of contract extension.

Funds for the striping contract will be budgeted each fiscal year. The fiscal year budget for 2024- 2025 includes striping maintenance of $150,000 and Traffic striping cost of $150,182.00 for Construction Contact 2024-07 Slurry Seal Project – Various Streets Zone 6 and 9 which was authorized by City Council during its June 25, 2024, Council Meeting.

The project budget for Fiscal Years 24/25 through Fiscal Years 27/28 would be as follows:

FY 24-25 Traffic Striping for Slurry Seal Project Maintenance Zones 6 and 9
$150,182.00
FY 24-25 Citywide Striping and Marking Maintenance $150,000.00 FY 25-26 Citywide Striping and Marking Maintenance $150,000.00 Total of Initial Term Through June 30, 2026 $450,182.00 FY 26-27 Citywide Striping and Marking Maintenance $150,000.00 FY 27-28 Citywide Striping and Marking Maintenance $150,000.00 Total if Extended Additional 2 Years $300,000.00

BACKGROUND
The City’s annual maintenance contract includes painting, repainting, removal and layout of traffic markings & striping on an as needed basis throughout the city. Maintenance of Traffic Striping is important to maintain and increase vehicle and pedestrian safety. The city is divided into ten geographic maintenance zones to schedule and maintain streets in a cost-effective and efficient way. This contract would allow maintenance of approximately two zones per year. The current Traffic Striping Maintenance contract with Superior Pavement Markings, Inc. expired on August 30, 2024.

City of San Dimas Ordinance 1270 § 2, 3.28.120 (E) allows for a "piggyback" contract allowing the city to processed through another local, state, or federal governmental agency or a cooperative purchasing entity set up by or utilized by such governments or public agencies, and where the piggyback contract has gone through the competitive bidding process of that entity.

Staff recommends entering into a contract with Superior Pavement Markings, Inc. piggybacking on the City of Orange’s Formal Bid for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation Project that was received and opened on August 10, 2023.

DISCUSSION/ANALYSIS
This project will allow for the repainting of traffic striping & markings in approximately two maintenance zones as well as repainting several municipal parking lots and streets that may receive pavement preservation treatment under a separate contract. The contract will also allow for modifications or additions to traffic striping & markings that occur as part of normal traffic engineering activities; including as needed striping work throughout the city. At its June 25, 2024,

Award of An Annual Striping Maintenance Contract to Superior Pavement Markings Inc.

For the Meeting of October 8, 2024 Page 3
meeting, Council also authorized $150,182 for traffic striping in this year’s slurry project CC 2024- 07 for Zones 6 and 9 as part of the Slurry Seal Project.

The maintenance contract would be effective upon execution of an approved contract and would expire on June 30, 2026, with one optional two-year extension contingent upon contractor performance. If the contract is extended, the extension would be memorialized in an amendment to the contract commencing on July 1, 2026, and terminating on June 30, 2028. Renegotiation of the amount and unit prices may be initiated by the City or the contractor if and when the contract is extended, with price increases limited to the consumer price index (CPI). The total costs are shown as not to exceed amounts. All maintenance work to be completed under this contract will be paid per the contract unit rates.

In late September, staff received a public inquiry listing concerns about piggybacking pavement striping services. Staff consulted with the City Attorney’s office to review the Striping Maintenance Contract. This contract meets the definition of “maintenance” work under Public Contract Section 22002, which exempts the following from public bid requirements:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or operated facility for its intended purposes.

2. Minor repainting.

3. Resurfacing of streets and highways at less than one inch.

As pavement striping and markings are primarily paint and thermoplastic which are less than 3/8 inch; all three conditions apply. The contract does not require formal bidding under the Public Contract Code or the San Dimas Municipal Code. However, the annual striping maintenance contract was formally bid by the City of Orange, with Superior Pavement Markings being the lowest responsible bidder. Therefore, by piggybacking on the City of Orange maintenance agreement the contract meets public bidding standards. Staff recommends moving forward with awarding the contract. The specific concern that was brought forth referred to Public Contract Code Section 20118 which applies narrowly and specifically to school districts and has no meaning or relation to the purchasing requirements of cities.

Superior Pavement Markings, Inc. is the current traffic striping contractor and has successfully completed similar maintenance work for the City of San Dimas. It was confirmed through the State Contractor's License Board that the contractor's license # 776306, Class C32, C31, C61/D38, C61/D42 is current and active with an expiration date of August 31, 2025. The contractor is registered through the Department of Industrial Relations as required by law (Registration No. 1000001476).

ALTERNATIVES
The City Council may choose to not authorize the Maintenance Contract with Superior Pavement Markings, Inc. The project could be formally bid as a maintenance contract instead of utilizing an existing piggyback agreement. This may delay traffic maintenance, result in higher prices received and would result in an increased administrative cost to the City.

Award of An Annual Striping Maintenance Contract to Superior Pavement Markings Inc.

For the Meeting of October 8, 2024 Page 4

ENVIRONMENTAL REVIEW
Staff evaluated and determined that maintenance of traffic striping is categorically exempt per CEQA under the “Class 1” (14 CCR §15301) exemption. This is considered maintenance of an existing infrastructure; no modifications to traffic flow and no additional vehicle travel lanes will be created.

Respectfully submitted,
Brandon Slater
Associate Engineer
Attachments:

1. Bid Tabulation for City of Orange

2. Project Specifications for City of Orange

Annual Insatallation of Traffic Striping, Pavement Markings, and Pavement Markers Bid Abstract - Bid No. 23-24.01
NO. DESCRIPTION OF WORK ESTIMATED
QUANTITY Unit Estimate unit price
Engineer
Estimate
TOTAL
Unit Price Total
Schedule A - Waterborne Fast Dry Traffic Paint
1 Install 4 inch wide broken lines, white or yellow 100,000 LF .12 $12,000.00 .08 $8,000.00 2 Install 4 inch wide solid line , white or yellow 20,000 LF .16 $3,200.00 .14 $2,800.00 3 Install 8 inch wide solid line, white 20,000 LF .32 $6,400.00 .22 $4,400.00 4 Install 6 wide solid line, white (bike lane) 20,000 LF .22 $4,400.00 .18 $3,600.00 5 Install 4 inch wide yellow, 3 inch wide black; 4 inch wide 20,000 LF .30 $6,000.00 .25 $5,000.00 6 4 inch wide broken yellow lines (continuous left turn lane) 2,500 LF .32 $800.00 .32 $800.00 7 Install red, white, green or blue curb painting 500 LF 0.8 $400.00 2.25 $1,125.00 8 Install 8 foot directional arrow, white 500 LF 24.00 $12,000.00 18.00 $9,000.00 9 Install 8 foot letters, white or yellow 1,000 EA 10 $10,000.00 12.00 $12,000.00 10 Install 12 inch solid line, white or yellow (crosswalk) 10,000 EA 2 $20,000.00 1.20 $12,000.00 11 Install Type A or Type AY non reflective pavement markers 100 EA 2 $200.00 5.00 $500.00 12 Install Type B,C,D,G or H reflective pavement markers 1,500 EA 3.75 $5,625.00 6.50 $9,750.00 13 Layout of lines for new pavement striping 5,000 LF .37 $1,850.00 .40 $2,000.00 14 Install parking tee's per City standards 500 EA 7.5 $3,750.00 12.00 $6,000.00 15 Install railroad crossing legends 50 EA 75 $3,750.00 125.00 $6,250.00 16 Install blue and white handicap legends 10 EA 50 $500.00 75.00 $750.00 17 Install 4 inch white or yellow parking stalls 150 EA 5 $750.00 18.00 $2,700.00 18 Removal of lane lines and pavement markings by wet 3,000 SF 1.5 $4,500.00 4.75 $14,250.00 19 Per day rate removal lane line and pavement markings by wet sandblasting or grinding method to include traffic control and clean up. 1 per day 3,000.00 $3,000.00 4,500.00 $4,500.00 20 Install/furnish 36 inch "Safety Hit" delineators 100 EA 50 $5,000.00 72.00 $7,200.00 Schedule B - Thermoplastic
21 Install 4 inch wide broken lines, white or yellow 50 LF 30 $1,500.00 .80 $40.00 22 Install 4 inch wide solid line, white or yellow 50 LF 20 $1,000.00 1.40 $70.00 23 Install 8 inch wide broken lines, white or yellow 500 LF 1 $500.00 1.60 $800.00 24 Install 6 inch wide solid line, white or yellow 500 LF 1 $500.00 1.20 $600.00 25 Install 8 inch wide solid, white 1,000 LF 1.25 $1,250.00 1.60 $1,600.00 26 Install 6 inch wide solid line, white (bike lane) 1,000 LF 1 $1,000.00 1.20 $1,200.00 27 Install 4 inch wide yellow; 3 inch wide black; 4 inch yellow solid lines (centerline) 1,000 LF 1.25 $1,250.00 1.45 $1,450.00 28 4 inch wide broken yellow lines (continuous left turn lane) 1,000 LF 1.25 $1,250.00 1.30 $1,300.00 29 Install 8 foot directional arrow, white 50 EA 65 $3,250.00 68.00 $3,400.00 30 Install 8 foot letters, white or yellow 50 EA 50 $2,500.00 73.00 $3,650.00 Schedule C - Methly Methacrylate (MMA-Spray)
31 Install 12 inch wide solid line, white or yellow (crosswalk) 1,000 LF 2.5 $2,500.00 6.80 $6,800.00 32 Install railroad crossing legends 10 LF 205 $2,050.00 600.00 $6,000.00 33 Install 6 inch wide solid line, white (bike lane) 1,000 LF 2.5 $2,500.00 3.90 $3,900.00 34 Install 8 foot directional arrow, white 40 EA 68 $2,720.00 105.00 $4,200.00 35 Install 8 foot letters, white or yellow 40 EA 40 $1,600.00 115.00 $4,600.00 36 Install 12 inch solid line, white or yellow (crosswalk) 1,000 LF 4 $4,000.00 6.80 $6,800.00 37 Sharrow (bike legend) 25 EA 130 $3,250.00 140.00 $3,500.00 38 Bike lane and arrow (legend) 25 EA 130 $3,250.00 140.00 $3,500.00 Estimated Totals $139,995.00 Total $166,035.00
5312 Cypress Street
Cypress CA. 90630
Superior Pavement Markings, Inc.

ATTACHMENT 1

BID PROPOSAL
For
AI[NUAL INSTALLATION OF TRAFFIC STRIPING PAVEMENT MARI(NGS, AND

RAISED PAVEMENT MARKERS
BrD NO. 23-24.01 PROJECT: SP-4260
BIDS DUE:

PLACE:

TIME OF COMPLETION:

PLANS & SPECS AYAILABLE AT:

BID INQUIRIES:

Prepared By:

CITY OF ORANGE

DEPARTMENT OF PUBLIC WORKS
INDEX

1. NOTICE INVITING BIDS (Legal Notice)

2. PROPOSAL: Sheets P l-16

3. SPECIAL PROVISIONS: Sheets SP I through SP 30

4. CONTRACT AGREEMENT FORM

5. CONTRACT BONDS: 3 Sheets
TULY 2023
2:00 PM, Thursday, August 10,2023
Seamless Documents at
https : /i orangeca. seamlessdocs. com/f/RequestforB idandRequestforProposalSubm ittalForm
Three Hundred Sixtv-Five calendar days
Online by emailing a request to msuazo@)cityoforange.orq (714) s32-6480
Ruben Assistant Field Manager Date
l2- ?7
ATTACHMENT 2

LEGAL NOTICE
Sealed bids are being invited under our Bid No. 23-24.01; Project SP-4260; Annual Installation of Traffic Striping, Pavement Markings, and Raised Pavement Markers, Bid forms, plans and specifications are available at by emailing [email protected]. Hard copies are not available. The publication, “City of Orange Standard Plans and Specifications”, latest edition and addendum shall govern the work under this contract and is available on the City of Orange website at www.cityoforange.org under Public Works Department webpage. Contract documents may also be examined in the office of the City Engineer.

Bids must be received by 2:00 p.m., August 10, 2023 (Thursday) by the following option – walk-up bids will not be accepted: 1.) Preferred method: Seamless Documents at
orangeca.seamlessdocs.com/f/RequestforBidandRequestforProposalSubmittalForm. Bidders must follow the submittal procedure in the Project Specifications, Section 1-6.1.3.

All bids will be presented to the City Council on August 22, 2023, (Tuesday).

The City reserves the right to reject any or all bids, to reject any item in a bid unless an "all or none" basis is specified or to waive any informality or technicality in the bids received.

The bidder selected by the City for the award of a contract for this Project must be properly licensed in accordance with the laws of the State of California as a licensed building contractor holding a Class C Specialty Contractor C-32 Parking and Highway Improvement classification in the State of California at the time of submitting its bid. The City will reject the bid of a bidder as being non-responsive if the bidder does not hold the requisite contractor’s license at the time of submitting its bid; such a bidder shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. In addition, each subcontractor listed by the bidder shall possess, both at the time of the award of a contract to the bidder and at all times when work is performed, a valid contractor’s license for the appropriate classification necessary to perform the work for which that subcontractor is listed. Failure of the bidder to deliver evidence to the City prior to the award of a contract for this Project that each and every subcontractor listed by the bidder is properly licensed for the classification necessary to perform the work for which that subcontractor is listed, shall constitute a failure to execute the contract and may subject the bidder to all legal penalties imposed by law, including, but not limited to, forfeiture of the security of the bidder.

A payment bond is required for projects over $25,000. In lieu of retention, the Contractor may deposit qualifying securities under an escrow agreement, as provided in Public Contract Code Section 22300.

The Contractor and subcontractors shall be registered with Department of Industrial Relations (DIR), per Labor Code Section 1725.5 at the time of bid. This project is subject to compliance monitoring and job-site posting requirements. The project is a public work subject to prevailing wage requirements, which can be found at http://www.dir.ca.gov/dirdatabases.html.

CITY OF ORANGE

PUBLIC WORKS DEPARTMENT
300 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
(714) 532-6480
PUBLISHED “ORANGE CITY NEWS”:

July 20, 2023
July 27, 2023

P-1
Company Name (Bidder)

PROPOSAL
TO THE CITY COUNCIL OF THE CITY OF ORANGE:

In compliance with the notice inviting bids, plans, specifications and other contract documents for the construction Bid No. 23-24.01; Project SP-4260; Annual Installation of Traffic Striping, Pavement Markings, and Raised Pavement Markers the undersigned has carefully examined: the location of the proposed work, character, quality and quantity of work to be performed, conditions to be encountered, materials to be furnished and as to the requirements of the plans, specifications and other contract documents; agrees that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in accordance with said plans, specifications and other contract documents at the following unit or lump sum prices set forth in the schedule.

If awarded the contract, the undersigned agrees to commence the work under the contract within ten (10) days after the date of contract, and complete said work for Project SP-4260, within three hundred sixty-five calendar days from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications.

The undersigned agrees that the foregoing estimate of quantities of work to be done and materials to be furnished are approximate only, being given as basis for the comparison of bids.

The undersigned agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or miss-statement shall be discovered in the estimated quantities, it shall not invalidate this contract or release the undersigned from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The undersigned agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work not separately provided in the proposal shall be considered included in the price bid for other various items of work.

Accompanying this proposal is ($ )
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee that the bidder will, if awarded the contract, promptly execute such contract in accordance with the proposal and in the manner and form required by the contract documents, and will furnish good and sufficient bonds for the faithful performance of the same.

The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 15 days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned.

P-2
Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and work in the United States. Further, the bidder as employer agrees to provide documentary proof of such eligibility (when requested by the City of any other authorized entity or agency).

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular.

Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Orange, and that discretion will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Orange respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

P-3

PROPOSAL SCHEDULE

SCHEDULE A
Waterborne Fast Dry Traffic Paint

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL
1) 100,000 LF Install 4-inch wide broken lines, white or yellow
dollars
and cents
2) 20,000 LF Install 4-inch wide solid line, white or yellow dollars
and cents
3) 20,000 LF Install 8-inch wide solid line, white
dollars
and cents
4) 20,000 LF Install 6-inch wide solid line, white (bike lane) dollars
and cents
5) 20,000 LF Install 4-inch wide yellow, 3-inch wide black 4-inch wide yellow solid lines (centerline)
dollars
and cents
6) 2,500 LF Install 4-inch wide broken yellow lines
continuous left turn lane
dollars
and cents
7) 500 LF Install red, white, green or blue curb
painting
dollars
and cents

P-4

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL
8) 500 EA Install 8-foot directional arrow, white
dollars
and cents
9) 1,000 EA Install 8-foot letters, white or yellow
dollars
and cents
10) 10,000 LF Install 12 inch solid line, white or yellow (crosswalk)
dollars
and cents
11) 100 EA Install Type A or Type AY non-reflective
pavement markers
dollars
and cents
12) 1,500 EA Install Type B,C,D,G, or H reflective
pavement markers
dollars
and cents
13) 5,000 LF Layout of lines for new pavement striping
dollars
and cents
14) 500 EA Install parking tees per City standards
dollars
and cents
15) 50 EA Install railroad crossing legends
dollars
and cents

P-5

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL
16) 10 EA Install blue and white handicap legends
dollars
and cents
17) 150 EA Install 4 inch white or yellow parking stalls dollars
and cents
18) 3,000 SF Removal of Lane Lines and Pavement
Markings By Wet Sandblasting, Hydroblast
or Grinding Method to Include Traffic Control
and clean-up
dollars
and cents
19) 1 day Per Day Rate for removal of Lane Lines and
Pavement Markings by Wet Sandblasting or
Grinding Method to Include Traffic Control
and clean up.
dollars
and cents
20) 100 EA Install/Furnish 36 inch “Safe Hit” Delineators With base, white or yellow and reflective tape
dollars
and cents

P-6

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL

SCHEDULE B
Thermoplastic
21) 50 LF Install 4 inch wide broken lines, white or
yellow
dollars
and cents
22) 50 LF Install 4 inch wide solid line, white or yellow dollars
and cents
23) 500 LF Install 8-inch wide broken lines, white or
yellow
dollars
and cents
24) 500 LF Install 6-inch wide solid line, white or
yellow
dollars
and cents
25) 1,000 LF Install 8-inch wide solid, white
dollars
and cents
26) 1,000 LF Install 6-inch wide solid lines (bike lane) dollars
and cents

P-7

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL
27) 1,000 LF Install 4-inch wide yellow, 3-inch wide black 4-inch yellow solid lines (centerline)
dollars
and cents
28) 1,000 LF 4-inch wide broken yellow lines (continuous left turn lane)
dollars
and cents
29) 50 EA Install 8 foot directional arrow, white
dollars
and cents
30) 50 EA Install 8 foot letters, white or yellow
dollars
and cents

P-8

SCHEDULE C
Methyl Methacrylate (MMA – Spray)

ITEM UNIT PRICE
NO. QUANTITY TO BE WRITTEN IN WORDS UNIT PRICE TOTAL
31) 1,000 LF Install 12-inch wide solid line, white or yellow (crosswalk)
dollars
and cents
32) 10 LF Install railroad crossing legends
dollars
and cents
33) 1,000 LF Install 6-inch wide solid line, white (bike lane) dollars
and cents
34) 40 EA Install 8 foot directional arrow, white
dollars
and cents
35) 40 EA Install 8-foot letters, white or yellow
dollars
and cents
36) 1,000 LF Install 12 inch solid line, white or yellow (crosswalk)
dollars
and cents
37) 25 EA Install Sharrow (bike legend)

P-9
dollars
and cents
38) 25 EA Install bike lane and Arrow (legend
dollars
and cents
TOTAL BID AMOUNT / Year
TOTAL BID AMOUNT WRITTEN IN WORDS:

The initial term of this contract is three (3) years, commencing in July 2023 and expiring on the last day of June 2026 provided, however, that the City has the right to extend the term of this contract per this specifications and contract agreement.

P-10

INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be attached if necessary.

1. State the number of consecutive years of experience as a licensed general engineering contractor holding Class A General Contractor license, or a Specialty Contractor C-61 license with a D-34 Prefabricated Equipment Contractor classification in the State of California:

2. List at least three (3) projects you have completed as the prime contractor that are similar to the project that is the subject of this invitation to bid in terms of construction type and/or method, size of project with respect to area or volume, and contract dollar amount. Such experience shall have been acquired within the past five (5) years prior to the date of submittal of this bid:

CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED NAME, ADDRESS and PHONE

NUMBER OF OWNER

1. 2.

3. 4.

5. 6.

3. For the projects you have described in Item No. 2, above, please give a description of the scope of work performed by you as the prime contractor:

1. 2.

3. 4.

5. 6.

4. If requested by the City of Orange, the Bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions.

5. Bidder shall signify receipt of all Addenda here, if any. (NOTE: Any verbal instructions given to bidder inquiries in the form of addenda will be acknowledged by the bidders on written addenda available at the place of the bid opening 30 minutes prior to the bid opening.)

ADDENDUM DATE RECEIVED BIDDER'S SIGNATURE

P-11

LIST OF SUBCONTRACTS
A. The undersigned intends to subcontract a portion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.

NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(s) PERCENT OF CHECK IF DESCRIBE WORK WHEN $ AMOUNT AND ADDRESS NO. BID ITEM SPECIALITY LESS THAN 100% OF WORK BASED ON

SUBBED IS SUBBED BID AMOUNT
$
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.

NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has checked Box B.

Signature of the Bidder

P-12

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

P-13
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE – DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

P-14

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

P-15
The undersigned bidder hereby represents as follows:

That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:

That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date:______________________________________
Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).

NAME OF BIDDER ______________________________________________________________________________ BUSINESS P.O. BOX _____________________________________________________________________________ CITY, STATE, ZIP _______________________________________________________________________________ BUSINESS STREET ADDRESS ____________________________________________________________________ (Please include even if P.O. Box is used)
CITY, STATE, ZIP _______________________________________________________________________________ PLACE OF BUSINESS (Include City & State) __________________________________________________________ PLACE OF RESIDENCE (Include City & State) ________________________________________________________ Telephone No.( ) Fax No.( ) ___________________________________ Licensed in accordance with an Act providing for the registration of Contractors.

LICENSE NUMBER

LICENSE CLASS


P-16
Bond No.__________

CALIFORNIA PUBLIC WORKS

PROPOSAL OR BID BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, (BIDDER) as Principal, and
(SURETY) a Corporation organized and existing
under the laws of the State of and authorized to transact business in the State of California, as Surety, are held and firmly bound unto the CITY OF ORANGE, hereinafter called the Obligee, in the penal sum of Dollars ($ ) for the
payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said principal is herewith submitting proposal (bid) for Bid No. 23-24.01; Project SP-4120; Annual Installation of Traffic Striping, Pavement Markings, and Raised Pavement Markers THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days after the notice of such award enter into a contract and give bond or bonds as specified in the bidding or contract documents with good and sufficient surety of adequate financial size category rating acceptable to the obligee for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution thereof; then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof.

SIGNED AND SEALED this _____________________day of _______________________________, 20________.

CONTRACTOR NAME OF SURETY
BY: BY:

SECRETARY/TREASURER ATTORNEY-IN-FACT
BY:

PRESIDENT/VICE PRESIDENT

STATE OF CALIFORNIA

COUNTY OF __________________
On this _________ day of ______________________, in the year 20 , before me, the undersigned, a Notary Public in and for the said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument on behalf of the therein named, and acknowledged me that such executed the same.

WITNESS my hand and official seal.

Notary Public in and for the said State.

STATE OF CALIFORNIA

COUNTY OF __________________
On this _________ day of ______________________, in the year 20 , before me, the undersigned, a Notary Public in and for the said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument on behalf of the therein named, and acknowledged me that such executed the same.

WITNESS my hand and official seal.

Notary Public in and for the said State.

2

3 SPECIAL PROVISIONS

CITY OF ORANGE

STANDARD PLANS AND SPECIFICATIONS

INTRODUCTION
All the improvements within the public rights-of-way and easements within the City of Orange shall conform to the standard plans presented herein. The user shall keep fully informed of any latest revisions to the standard plans by contacting the office of the City Engineer, Public Works Department, City of Orange. The standard plans shall be used along with the provisions of the latest edition of the Standard Specifications for Public Works Construction ("Green Book"), and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the "Standard Specifications". Section 16.04.040 of the Orange Municipal Code establishes the legislative authority of these Standard Plans and Specifications.

PUBLIC WORKS CONTRACTS
The following additions, as revised, to the provisions of the "Standard Specifications" shall be used for all Public Works contracts awarded by the City of Orange. If there is a conflict between the “Standard Specifications” and these provisions, these provisions shall have precedence. The numbering of sections for the purpose of these provisions refers to corresponding numbering of sections of the "Standard Specifications". These provisions include modifications and additions to the “Standard Specifications”.

If these provisions specify the use of "Standard Specifications and Standard Plans for the Construction of Local Streets and Roads, of the State of California, Department of Transportation", herein referred to as “Caltrans”, for a certain portion of the work, the latest edition of the publication shall be used.

The City of Orange has adopted a Local Implementation Plan (LIP) as part of a compliance program to the California Regional Water Quality Control Board. All improvements shall comply with the latest LIP in the prosecution of the work. The LIP is available and on file at the Public Works Department. The contractor shall comply with the LIP in the prosecution of the work. Payment for compliance with the LIP requirements shall be included in respective items of work and no additional compensation shall be allowed.

PRECEDENCE OF CONTRACT DOCUMENTS:
1) Bidder’s Proposal
2) Contract Agreement
3) Permits from other Agencies
4) Special Provisions (Section SP)
5) State of California Department of Transportation, Standard Plans and Specifications (Latest Edition) 6) California Manual on Uniform Traffic Control Devices (CA MUTCD) 7) City of Orange Standard Plans and Specifications (Orange Book) 8) Standard Specifications for Public Works Construction (Green Book)

4 1) Construction Plans
2) All Other Documents
PART I

GENERAL PROVISIONS
SECTION 1 – TERMS, DEFINITIONS, ABBREVIATIONS & SYMBOLS 1-2 Definitions
(a) AGENCY: The City of Orange, California, also hereinafter called "City". (b) BOARD: The City Council of the City of Orange, California. (c) CONTRACT DOCUMENTS: Documents including, but not limited to, the proposal, Standard Specifications, Standard Plans, additions to the Standard Specifications, Special Provisions, plans, bonds, insurance, contract agreement and all addenda setting forth any modifications of the documents. (d) DATE OF CONTRACT: The date of notification from the City Attorney's office informing the Contractor that the contract is approved and fully executed by the City and the Contractor. (e) ENGINEER OR CITY ENGINEER: The Director of Public Works of the City of Orange or his duly authorized representative(s).
(f) BIDDER: Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (g) LEGAL ADDRESS OF CONTRACTOR: The legal address of the Contractor shall be the address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered.
(h) LABORATORY: An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.
(i) STATE CONTRACT ACT: The provisions of this act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein in full.

SECTION 2 – SCOPE & CONTROL OF THE WORK
2-1.1 Award of Contract
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids and Section 2-1.2 and 2-1.3 of these Specifications. The City, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The Award of Contract, if made, shall be made within SIXTY (60) days after the opening of the bids.

5 2-1.2 Qualifications of Bidders
Any bidder who can prove to be a "Responsible Bidder" based on, but not limited to, the following requirements may submit a bid for consideration. The City Engineer may waive any or all of the following criteria in the best interests of the City.
1) A valid license in appropriate classification with which he can perform the specified work. The Contractor must be properly licensed when the Contractor submits its bid. The Contractor shall be licensed as a Parking and Highway (C32), Class C Specialty Contractor which performs Roadway/Highway Striping/Signing installation and maintenance work in the State of California prior to the time of contract award in accordance with the provisions of the Contractor’s License Law.
2) Record of satisfactory past performance of work with various agencies and industry. 3) Record of satisfactory compliance with all State, Federal and local laws regarding, but not limited to, fair employment practice, safety regulations, prevailing wage regulations, labor code, and subcontracts. 4) Ability to comply with delivery schedules of materials, equipment and labor. 5) Adequate financial resources to complete the work.
6) Ability to secure bid bonds, contract bonds and insurances from companies having adequate rating admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best’s Key Rating Guide. 7) Each bidder must submit references to establish that the bidder has satisfactorily completed at least three (3) comparable California public construction contracts in the last Minimum five (5) years, each with a contract value equal to or in excess of the bid submitted for this project. Experience in completing contracts of similar nature to include construction type and/or method, size of project with respect to area or volume, and contract dollar amount to that for which he is submitting bids and such experience has been acquired not more than seven years prior to submitting a bid.
2-1.3 Procedure for Proposal Submittal
Proposal shall be made and submitted on proposal forms provided by the City in accordance with the notice inviting bids. Sealed proposals shall bear the title of the work and no other distinguishing marks. Any bid received after the scheduled closing time for the receipt of bids shall be returned to the bidder unopened. It shall be the sole responsibility of the bidder to see that his bid is received in proper time.

Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a certified or cashier's check or a bid bond for not less than 10% of the amount of bid, made payable to the City of Orange. Insurers issuing bid bonds shall be admitted in the State of California, and have a Best’s Financial Strength Rating of Good (B+, B++) or better. No proposal shall be considered unless this requirement is met.

Each bidder must be licensed and also pre-qualified as required in Section 2-1.2 of these Specifications.

No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or corporation is interested as a principal, all such bids shall be rejected.

Proposals with interlineations, alterations or erasures shall be initialed by the bidder's authorized agent. Alternative proposals, special conditions or other limitations of provisions affecting the bids, except as such called for by the

6 contract documents, will render the bid informal and may cause its rejection. All proposals must give the unit prices bid for the various items of work both in writing and figures and must be signed by the bidder, who shall give his address. Each bid item shall be bid as it appears on the proposals and shall not be altered or lumped together with other bid items. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive or made in the interest or on behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder.
2-1.4 Request for Interpretation
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawing or specifications, or discovers substantial difference between the approximate quantities shown on the bid proposal and his quantity estimate from the plans for any of the major bid items in the proposal, he shall request the Engineer, in writing, for an interpretation or correction thereof. The person submitting such a request shall do so no later than seven (7) calendar days prior to bid opening date. The meaning of substantial difference and the major bid items, for this purpose, shall be in accordance with Section 1-2 and Section 3-2.2.1 of the “Standard Specifications”. All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The City will not be responsible for any other explanations or interpretations of the contract documents.

By submittal of a bid, the bidder represents that he/she/it has read and understood the plans, specifications or other proposed contract documents, visited the project site, and is familiar with conditions that may affect the work. 2-1.5 Return of Bid Security
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the City Clerk’s Office prior to said closing time.

The bid security of the unsuccessful bidders will be retained until the contract is awarded to the lowest, responsible successful bidder.

The bid security of the successful bidder of accepted bid will be held by the City until the contract has been entered into and the bonds accompanying the same are approved and filed.

If a bidder fails or refuses to enter into a contract to do work, the bid security shall be forfeited to the City and shall be paid into the General Fund of the City.

Bid securities consisting of cashier's checks will be refunded to the respective bidders when no longer required by the City. All other bid securities no longer required by the City, will be considered void. These will be returned to their respective bidders only if requested with self-addressed stamped envelope and sufficient postage. 2-1.6 Execution of Contract
The contract shall be signed by the successful bidder and returned to the City, together with the contract bonds and the evidence of insurance as specified in Section 2.4 and Section 7-3, respectively, of these Special Provisions Standard Specification’s, and as amended below and any changes or additions made thereto in these specifications, within fifteen (15) days after the date of written notice of award of contract and submittal of execution copies of the contract. The form of the contract agreement to be executed by the Contractor will be mailed by the City department having responsibility for the work, along with the written notice of award of contract. No proposal shall be considered binding upon the City until the execution of the contract by the City. In case of conflict, the contract agreement shall have precedence over all other written specifications.

7 The contract will be in force for a period of three (30 calendar years and six (6) months effective upon execution by the City and notification to Contractor, but may be extended for two (2), one (1) year periods of time by mutual agreement by the City and the Contractor.

The Contractors shall submit requested price adjustments to the Traffic Engineer no later than ninety (90) days prior to the expiration of the current contract term. Price adjustments shall in no case exceed the Construction Cost Index published by Engineering News-Record.
2-1.7 Bid Protest Procedure
Any bid protest must be submitted in writing to Public Works Director, City of Orange, 300 East Chapman Avenue, Orange, CA 92866, before 5 p.m. of the 10th business day following bid opening. 1). The initial protest document shall contain a complete statement of the basis for the protest with accompanying documentation in support thereof.
2) The protest shall refer to the specific portion of the document which forms the basis for the protest. 3) The protest shall include the name, address and telephone number of the person representing the protesting party.
4) The party filling the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. 5) The Public Works Director/City Engineer will issue a decision on the protest. If the Public Works Director/City Engineer determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards by the City of Orange.
6) The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing of a claim against the City under the California Government Code or legal proceedings.
2-4 Contract Bonds
Sureties providing performance or labor & materials bonds for Contractors to the City of Orange must be licensed or agree to employ a licensed Contractor, with a Class A or other applicable specialty contractor's license from the State of California, in the event the Contractor to whom such surety is provided fails to perform the work under the contract.

Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City Attorney has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or additional surety, not exceeding that originally required, as is considered necessary considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

All bonds shall be on the forms provided by the City of Orange, with all signatures notarized and with the following notarized endorsement:

The undersigned hereby certifies that the named surety issuing the bond for:

8 Bid No. 23-24.01- Installation of Traffic Striping, Pavement Markings, and Raised Pavement Markers is issued by an “admitted surety”, qualified to conduct business in the State of California in accordance with CCP§995- 670
Name of Surety
Attorney in Fact
2-5.1 Plans and Specifications
The Engineer will provide the Contractor, free of charge, up to twelve (12) copies of plans and special provisions for the execution of work. The contractor shall have a bonded and insured printing company pickup the originals from the City to make additional copies, if needed, at no additional cost to the City.

The Contractor shall, at his own expense, obtain copies of the “Standard Specifications”, City of Orange Standard Plans and Specifications, Standard Plans and Specifications of the State of California, and Work Area Traffic Control Handbook, for his general use.

If, after award of the contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract.

All scaled dimensions shall be considered approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies.
2-6.1 General Description of Work
The work to be done, in general, consists of, but is not limited to the following: removal and replacement of existing traffic striping, pavement markings, and raised pavement markers; layout of lines for new pavement stripes and markings; installation of parking tees. Removal of existing traffic striping and markings shall be done by wet sandblasting, hydroblasting, or grinding. Materials and application include water based rapid dry traffic paint, thermoplastic, and methyl metracrylate (MMA) including the application of glass beads.

The Contractor shall furnish all tools, equipment, materials, supplies, and manufacture articles, and shall perform all operations necessary for the installation and painting traffic stripes and pavement markings, including applying glass beads. Work also include furnishing and applying thermoplastic and MMA traffic stripes and pavement markings, including glass beads.

9 2-10 Authority of Board and Inspection
Authority of Board and Inspection shall conform to Section 2-10 of the “Standard Specifications” and the following:

Orange Municipal Code Section, 2.15.020 C, and 2.34.01 has designated Engineer as their designee for all decisions regarding the contract.

The Contractor shall give at least 24 hours advance notice of the time when he or his subcontractor will start or resume the various units of operations of the work as per the contract, or resume the said units or operations when they have been suspended as per the contract.

The above notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work.

The Contractor shall pay the inspection charges for any work done outside normal working hours at the rate established for Special Inspection in the latest Master Schedule of Fees and Charges adopted by the City Council. Such fees shall be paid per half day or portion thereof in minimum half-day increments. No work shall be performed outside normal working hours except under extraordinary circumstances and with prior approval of the Engineer.

Any work performed in conflict with said notice, without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at the Contractor’s expense, and shall be removed at the Contractor’s expense, if so ordered by the Engineer or his representative or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.

All authorized alterations affecting the requirements and information given on the approved plans shall be in writing.

No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing.

All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph:

If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the inspector or Engineer to be unfair, he shall, within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the contractor, the Engineer shall review the demands, instruction, ruling or decision objected to and shall promptly advise the contractor, in writing, of his final decision, which shall be binding on all parties. Any protest against the Engineer's final decision shall be made in accordance with Section 3-5 Disputed Work.
2-11 Inspection
Contractor shall be made aware that the City of Orange Public Works Department has a compressed work week (9- 80) of Monday through Thursday, with every other Friday as a workday. No Inspectors are available on the Friday that is not considered a workday. However, the Contractor may request, in writing on a form available at the office of the City Engineer, a request for “SPECIAL CONSTRUCTION INSPECTION SERVICES,” and said Contractor

10 shall further agree to pay the City of Orange for a minimum of one-half day increments for inspection of any work done on Friday’s.
2-11.1 Daily Reports
The Contractor shall provide the City Inspector, at the end of each working day, a daily report showing the number of employees working on the project. The report will also include the Contractor employee’s name and their classifications and equipments used onsite. Any subcontractors working on the project will also be included in the same report.

SECTION 3 – CHANGES IN WORK
3-1.1 Changes in Work: General
Engineer shall be the duly authorized officer who may grant the changes prescribed in this section. 3-2 Changes Initiated by the Agency
The Engineer shall have the right to make changes in the work, plans and/or specifications and the Contractor shall perform the work as changed and as directed by the Engineer. 3-3.1 Extra Work: General
If the City and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit prices, the City reserves the right to direct the Contractor to perform such work using an acceptable substitute subcontractor. The City may order the Contractor to obtain bids from three or more subcontractors to perform such work. Upon written approval of a subcontractor selected by the Engineer, the Contractor shall enter into a subcontract with such subcontractor to perform such work. All the Contractor's markups shall be in accordance with the provisions of Section 3-3.2.3(b).

The extra work as defined in this section of Standard Specifications, and any work done beyond the lines and grades shown on the plans, shall only be performed when ordered in writing by the Engineer. In absence of such written order, any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense.
3-3.2.2(a) Basis for Establishing Labor Costs
The cost of labor shall be the actual cost for wages of workers performing the extra work based on basic hourly rate plus fringe benefits paid in accordance with the certified payroll statements, plus a labor surcharge of twenty (20%) percent. This labor surcharge shall be considered to include employer payment of payroll taxes, worker's compensation insurance, liability insurance, social security, Medicare, Federal and State unemployment, and the State training taxes. All other compensation to the Contractor for labor on extra work shall be considered included in the fifteen (15%) percent markup for overhead and profits as amended in Section 3-3.2.3 of the City of Orange Standard Plans and Specifications.
3-3.2.3(a) Work by Contractor
A combined single mark up of 15% shall be allowed for labor, material, equipment rental, bonding, and other items and expenditures and shall constitute for all overhead and profit. 3-3.2.3(b) Work by Subcontractor
When any of the extra work is performed by a subcontractor, the markup established in 3-3.2.3(a) shall be applied to the subcontractor's costs as determined under 3-3.2.2. Contractor is allowed to markup 5% to the sum of the subcontractor's costs and markup for all overhead and profit for the contractor on work by the existing subcontractor.

11 Contractor can markup 10% to the sum of the subcontractor's costs and markup for all overhead and profit for the contractor on work by a new subcontractor.
3-3.2.3 (c) Tool and Equipment Rental
When the rental rate of equipment includes an operator, the work performed by such rented equipment shall be considered subcontracted work and compensation shall be made to the prime contractor pursuant to Section 3-3.2.3(b). 3-5 Disputed Work
Any claims, potential claims based on an act or failure to act by the Engineer, any protests against the rulings and decisions of the Engineer, shall be made in writing. Such claims, potential claims or protests shall be addressed to the Engineer and shall be submitted within fifteen (15) days after the happening of the event, thing, occurrence, or other cause, giving rise to such action by the Contractor.

The written determination rendered by the Engineer on such actions by the contractor shall be considered as a final ruling of the City of Orange. Any monetary claims against the City regarding the City's decision shall be filed with the City Clerk of the City of Orange in accordance with the provisions of Chapter 3.16 of Orange Municipal Code, California Government Code Sections 810, 901, 905, 911, 915, 935 and 945.

SECTION 4 – CONTROL OF MATERIALS
4-1.1.1 General
The Contractor shall furnish the labor, tools, and material necessary to execute the entire work in the best possible manner, and he will be further required to employ only faithful and competent laborers. The use of any tool or equipment which produces unsatisfactory results shall be discontinued and immediately replaced. Any work completed with unsatisfactory results shall be replaced or redone at the Contractor’s expense.

The Contractor shall keep the entire work in good repair until its completion and final acceptance.

Manufacturer’s warranties, guaranties, instruction sheets and material safety data sheets shall be delivered to and “Approved” by the Engineer prior to the start of construction. Only material as documented and “Approved” by the Engineer can be supplied on this project.

All purchase order documentation for sources of materials or contractor supplied materials shall be submitted and approved before any work can begin
4-1.4 Test of Materials
4-1.6.1 Alternative Equipment and Materials
Manufacturers warranties, guaranties, product data, instruction sheets and parts lists, shall be furnished for all traffic paint and thermoplastic material to be supplied and installed on this project and shall be delivered to the Engineer before acceptance of the contract
Only equipment or material as documented and “APPROVED” by the Engineer prior to the start of construction can be supplied on this project. All new equipment or material used on this entire project shall be “LIKE” and shall be the product of one manufacturer. “LIKE” equipment means all materials such as traffic striping paint or thermoplastic signal, etc. shall be of the same manufacturer.

Whenever certain of the plans or specifications provide that more than one specified method of construction or more than one specified type of construction equipment may be used to perform portions of the work and leave the selection of the method of construction or the type of equipment to be used up to the Contractor, it is understood that the City

12 does not guarantee that every such method of construction or type of equipment can be successfully used throughout all or any part of any project. It shall be the Contractor’s responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the condition encountered. In the event some of the alternatives are not feasible or it is necessary to use more than one of the alternatives of any project, full compensation for any price paid for the item of work involved and no additional compensation will be allowed therefore.

SECTION 5 - UTILITIES
5-1 Location
Location of utilities shown on plans shall be considered approximate only. Contractor shall carefully excavate in the vicinity and shall locate all utilities shown on the plan. The Contractor shall be responsible for any damage to existing utilities shown on the plan, regardless of exact location.

Locations of sewer laterals shown on the plans are from the available records of the City of Orange. All the sewer laterals from the sewer main to the property may not be shown on the plans. However, the Contractor is required to assume that each property will be served by a sewer lateral. The sewer laterals are not the property of the City of Orange and these laterals from sewer main to the property belong to each individual property owner. The Contractor shall contact each property owner to determine the location and depths of such laterals and shall protect these in place.

Full compensation for protecting such laterals in place shall be considered included in the prices bid for items of work, which may affect such laterals.

Revise fifth paragraph of the “Standard Specifications” to read:

The Contractor shall notify each owner of the subsurface installations, including the service connections, and shall determine the exact location and depth of subsurface installation as approximately marked by the respective owners, which may affect or be affected by the Contractor's operations. The City of Orange shall not be responsible for any compensation to the Contractor for any unmarked or incorrectly marked approximate locations by the respective owners. If no pay item is provided in the contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. "Subsurface Installation" in this section means any underground pipeline, conduit, duct, wire, or other structure, except non-pressurized sewer lines, non-pressurized storm drains, or other non-pressurized drain pipes, operated or maintained in or across public streets or public right-of-way. 5-4 Relocation of Utilities
Any underground utilities marked by the Underground Service Alert and conflicting with the work to be done by the Contractor, and the utilities shown on the plans as to be relocated by others, will be relocated by the respective utility owners at no cost to the Contractor. If such utilities are not relocated by the utility owners prior to the contract award, the Contractor shall perform all the necessary work in the contract and provide a time window for the utility owners to commence and complete their work. The Contractor shall be entitled to extension of time without any additional compensation for the delays attributed to such relocation. The Engineer shall have the right to direct the Contractor and perform such relocation at compensation to be paid for in accordance with Section 3-2.

Any miscellaneous items to be relocated by the Contractor, as indicated on the plans, shall be relocated in a workmanlike manner and all such work shall be done in cooperation with the utility owner; the Contractor shall be responsible for any costs resulting from the Contractor's failure to do the work at such times as are acceptable to the owner. The Contractor shall notify owners at least forty-eight (48) hours in advance of any work on any of their facilities.

All existing and conflicting items to be relocated by Contractor shall be inspected carefully by Contractor prior to removing and doing all the work necessary for relocating such items at the designated location without any modifications. If any modifications are required to such items due to Contractor's negligence in verifying the nature

13 of work prior to relocation, Contractor shall prepare plans and submit for Engineer's approval to such modifications and shall make such modifications at no additional compensation.

SECTION 6 – PROSECUTION, PROGRESS & ACCEPTANCE OF WORK
6-1.1 Construction Schedule and Commencement of Work
Prior to the commencement of the work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit at this meeting, for approval by the Engineer, the schedule required in the Standard Specifications showing the number of calendar days required to complete the project.

The Construction Schedule must be submitted to the City for review and approval at the Pre-Construction Meeting.

The Contractor can not start any work until the construction schedule has been accepted by the City. The construction schedule must be prepared using Critical Path Method (CPM) and shall be revised and resubmitted if the schedule fails to reflect the actual progress.

The Contractor shall commence work at various times during the contract period at those locations designated by the Engineer within five (5) calendar days after written notification by the Engineer.

The Contractor shall schedule and complete the designated locations given by the Traffic Operations Engineer within a 14-day period and work in calendar days until all designated work is completed. If the Contractor cannot complete all designated work within the required time, the Contractor shall notify the Engineer, at the time of receiving the work order, with a schedule that would be convenient to both the Contractor and meet the City’s schedule. 6-1.2 Public Works Inspection Outline
The City of Orange requires inspection at the minimum, but not limited to, the following outline.

I. Required Inspections
A) Sewer main, lateral and structures
B) Storm drain pipe and structures
C) Curb and gutter, sidewalk, aprons, curb returns and cross gutters D) Subgrade, rock grade and paving (in street areas)
E) Backfill of all utility trenches in the public right-of-way, easements and private streets II. Conformance with the Approved Traffic Control and Traffic Safety Plan Inspections and requirements for each of these areas are explained below.

If any work requiring inspection is covered or concealed by additional work without first having been inspected, the Construction Inspector shall require, by written notice, that such work be exposed for examination.

A) Sewer main, lateral and structures
1) Department of Industrial Safety Permit
2) Certificate of Compliance
3) Trenching operations
4) Pipe laying and bedding
5) Manhole bases and shafts

14 6) Backfill of trenches
a) 90% relative compaction
b) Trenches must be compacted before any concrete structures can be placed over top of said trenches. 7) Low pressure air test
a) Per NCPI procedures and tables
b) Shall be performed in presence of inspector upon completion of compaction of all utility trenches. c) Test shall be performed prior to paving
8) Raising manholes
9) Balling of main line
B) Storm drain pipe and structures
1) Department of Industrial Safety Permit
2) Certificate of Compliance
3) Trenching operations
4) Pipe laying and bedding
5) Excavation for structures
6) Structure forms
7) Steel placement
8) Placing of concrete
9) Placing of structure backfill
10) Backfill of trenches
a) Refer to Item A-6a, b; "Sewer trench backfill"
11) Raising of manholes
12) Final inspection
a) Upon completion of all street improvements as required by plans C) Curb and gutter, sidewalk, apron, curb return and cross-gutter 1) Subgrade
a) Prior to placement of concrete
2) Forms
3) Placement of concrete
4) Copies of all concrete tickets
5) See Item A-6b; "Sewer trench backfill"
D) Subgrade, rock grade and paving
1) Compaction
a) Subgrade: 90% R.C.
b) Rock grade: 95% R.C.

15 2) Compliance with plan grade and depth
3) Prime and tack
4) Headers, if required
5) Placement of asphaltic concrete
6) Copies of all aggregate base and asphaltic concrete tickets 7) See Item A-7a, b; "Low pressure air test"
E) Backfill of all utility trenches in the public right-of-way, easements and private streets 1) See Item A-6; "Sewer trench backfill"
F) Signing and striping
1) Layout
2) Application/Installation
G) Traffic Loop Installation
1) Loop layout
2) Loop Installation
3) Loop splicing and reset detection
H) Traffic Signal and Safety Lighting
1) Conduit installation
2) Foundation layout/excavation
3) Controller foundation and cabinet installation
4) Standing signal poles and installation of signal equipment prior to erection 5) Pulling signal wires/cables and final cabinet hookup and cabinet/pole bonding 6-2 Prosecution of Work
To minimize public inconvenience and possible hazard, restore streets and other work areas to their original condition as soon as practicable, and allow for cooperative work by the City, the Contractor shall prosecute the work to completion without break or interruption, achieving at least 50% of the average daily production except for conditions defined in Subsection 6-6-1. If, as determined by the Engineer, the Contractor fails to prosecute his work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take steps necessary to fully accomplish said purposes. All costs of prosecuting the work as described herein shall be included in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders from the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps, or may pursue alternate means of seeking compliance. In addition, the Contractor is required to adhere to the following requirements:

The Contractor’s attention is directed to the material report regarding wet sub grade conditions. The contractor shall utilize Section 300-2.2a “Unstable Sub grade in Roadway Excavation” to minimize delays in constructing the new A.C. deep lift paving.

16 6-6.2 Extension of Time
In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to increase the number of calendar days for completion or not, as may seem best to serve the interest of the City.

Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the City shall have the right to charge the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges.

In addition to the above charges, Contractor shall pay to the City liquidated damages as specified in Section 6-9 for such delays.

No extension of time for the completion of the work called for under the contract shall be allowed unless at least twenty (20) days prior to the time fixed for the completion thereof, or the time fixed by the City Council or its designee for such completion as extended, Contractor shall have filed application for extension thereof, in writing, with the Engineer.
6-7 Time of Completion
Once the date of contract is established by the City, the Contractor shall strictly adhere to the time of completion in calendar days set forth in the proposal and any legal extensions granted thereto by the City in accordance with the terms of the specifications. He shall keep his own record of number of calendar days originally specified in the proposal and the number of days remaining in the contract time. 6-7.1 Working Hours
Work shall be completed within three hundred sixty five (365) Calendar days of Notice to Proceed. Work shall be done between the hours of 7:00 AM to 4:00 PM - Monday through Friday if no lane closure is required. If lane closure is required, then working hours will be limited to the hours of 9:00 PM to 5:00 AM. 6-9 Liquidated Damages
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Subsection 6-6, for completion of the work and submission of all paperwork sixty (60) calendar days after Notice of Completion, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $500.00 per day. The submission of all paperwork includes but not limited to Certified Payroll Records, Final Report Utilization of DBE, Final Compaction Report, Copies of Recorded Centerline Ties with the County Surveyor's office, Record drawings (Asbuilt), Material Disposal/Recycle Form, Rubberized Asphalt Concrete (RAC) Forms, and Executed Final Contract Change Order, and any necessary documents to closeout the project.

Contractor shall be allowed up to forty-eight (48) hours after the request from the City in writing for repairing any damaged sprinkler system and landscape area by the Contractor work. For each consecutive calendar day in excess of the forty-eight (48) hours for the completion of the repair at each requested location, the Contractor shall pay to the Agency, or have withheld monies due it the sum of $250.00 per calendar day per location.

SECTION 7 – RESPONSIBILITIES OF CONTRACTOR
7-2.3 Prevailing Wage Rates
For a project funded with federal funds as identified in the Legal Notice of the Project Specifications, all Federal requirements, the Davis Bacon Act, in particular, shall apply for the project. The Federal Prevailing Wage

17 Rates attached in the Specifications shall apply. However, the state prevailing wage rates must apply to any classification that has a higher rate under state prevailing wage rate. Contractor is required to pay its employees the state prevailing wage rates when the prevailing wage rate is higher under the state than under the federal prevailing wage rates for any job classifications.

The Contractor shall comply with the provisions of 1770 to 1780, 1810 to 1815, 1860 and 1861 inclusive, of the California Labor Code, the latest prevailing rate and scale of wages established per the determination of the Director of the Department of Industrial Relations, State of California, and any latest changes thereto, on file with the Department of Public Works of the City of Orange, prior to the date on which notice inviting bids is last published in a local newspaper. The Contractor shall comply with the requirement of the payment of travel and subsistence payments to each worker on the work; he shall forfeit penalties prescribed therein for non-compliance of the said code.

The Contractor shall post and keep posted, for the duration of the contract, a copy of said prevailing rates at the job site.

Contractor's attention is directed to the expiration dates of the wage decisions of each craft. Contractor's bid shall include any increase in labor cost anticipated after these expiration dates and no additional compensation will be allowed for such increases.

Copies of the State general prevailing wage rates are not sold at the City of Orange, but the prevailing wage rates are available for review at the Department of Public Works. Contractor can purchase the State general prevailing wage rates from the Department of Industrial Relations, Division of Labor Statistics and Research, Prevailing Wage Unit, 455 Golden Gate Avenue, 5th Floor, Room 5184, P.O. Box 420603, San Francisco, CA 94142-0603, telephone number (415) 703-4281.

In order to verify the compliance to the said code, the Contractor shall keep an accurate weekly record, for the duration of the contract period, of his and his sub-contractor's payroll statements showing wages paid each employee during each week and the employee work classification. The Contractor shall preserve such record for ninety (90) days after the date or recordation of the notice of completion of the contract and upon written notification by the Engineer these shall be submitted within ten (10) days to the Engineer for checking. Using State Form DH-C-347, Payroll Statement of Compliance, is an acceptable method of fulfilling the above requirement.

Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense (including reasonable attorneys fees, court and litigation costs, and fees of expert witnesses) which results or arises in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that Contractor shall bear all risks of payment or non-payment of state prevailing wages. The foregoing indemnity shall survive termination of the contract and shall continue after completion and acceptance of the work.

Certified Payroll Reports, Statement of Compliance and Fringe Benefit Statement must be signed by President or Owner of the Company including all subcontractors. Contractor may submit a letter of authorization for authorizing an individual such as, payroll officer, office manager, and secretary to sign all certified payroll reports. This letter must be submitted with the first certified payroll report. 7-2.4 Apprentices and Fair Employment Practices
Attention is directed to the provisions in Section 1777.5 and 1777.6,and Division 3, Chapter 4 of the California Labor Code concerning fair employment practices and the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any sub-contractor under him shall comply with the requirements of said sections in the employment of apprentices, and fair employment practices.