San Jacinto City Council
August 1, 2023

Animal Sales and Services (Land Use).

Animal Retail Sales. Retail sales and boarding of animals offered for sale.

Animal Services, Accessory Boarding/Training. Accessory services provided by a veterinary clinic or animal hospital including overnight small animal boarding or training.

Animal Services, Boarding/Training. Overnight small animal boarding or training.

Animal Services, Grooming. A commercial establishment that provides household pet grooming services (i.e., bathe, brush, clip, or comb animals for the purpose of enhancing their aesthetic value or health).

Animal Services, Veterinary Clinic/Animal Hospital. Establishments where veterinarians provide medical and surgical treatment to animals, including large and small animal veterinary clinics, and animal hospitals. May include animal boarding.

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Packet Pg. 1762 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2350 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 9 Antenna. A device used in communications which transmits or receives radio signals, including the following:

Amateur Radio Antennas. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna Structure. An antenna and its supporting mast or tower, if any.

Mast. A pole of wood or metal, or a tower fabricated of metal, used to support an antenna and maintain it at the proper elevation.

Satellite Dish Antenna/Antenna. Any parabolic or disk shaped device of either solid or mesh construction, intended for the purposes of receiving communications from an orbiting satellite, transceiving or transmitting signals or communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna.

Wavelength. Wavelength is the distance a radio energy wave travels through air to complete one cycle from beginning to end. It is the distance between two points of corresponding phase and is equal to waveform velocity divided by frequency. Low frequencies have long wavelengths and high frequencies have short wavelengths. See Figure 8-2 (Wavelength and Frequency). Antenna size decreases as frequency increases.

Generally, antenna size is calculated as λ/10, where λ is the wavelength.

Whip Antenna. A device consisting of a single, slender, rod-like element, less than one wavelength long that is supported only at or near its base. See ”Wavelength” above.

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Packet Pg. 1763 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2351 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 10 Figure 8-2
Wavelength and Frequency
Apartment. One or more rooms of a structure designed for and rented as the home, residence, or sleeping place of one or more persons living as a Household, in a structure containing at least five units used for the same purpose, all under one ownership. See “Dwelling, Multi-Family.” Arcade (Land Use). A place of business where six or more electronic, video or card/coin/token operated games are utilized for business profit and where the games are not accessory to another principal use.

Architectural Projection. A marquee, porch, canopy or similar projection of a building.

Area, Building. The sum in square feet of the area of the horizontal projections of all buildings on a lot excluding buttresses, chimneys, cornices, eaves, open pergolas, patios, steps, unenclosed and unroofed terraces, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of a building that are not directly supported by the ground.

Area, Gross. The total area of a parcel, including those areas that cannot be built upon (e.g., dedicated or proposed street rights-of-way and other improvements such as parks, open space, stormwater detention and retention facilities, etc.). “Gross area” is expressed in either acres or square feet.

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Packet Pg. 1764 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2352 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 11 Area, Net. The portion of a parcel for residential or nonresidential development that can actually be built upon, excluding dedicated or proposed street rights-of-way and other improvements such as parks, open space, stormwater detention and retention facilities, etc. “Net area” is expressed in either acres or square feet.

Artisan Shop (Land Use). A retail store where art glass, ceramics, jewelry, and other art and handcrafted items are sold by an individual artisan or by cooperative groups of artisans. The store may include an accessory area for the crafting of the items being sold. Does not include handcraft manufacturing (see “Handcraft Manufacturing”).

Assembly/Meeting Facilities (Land Use). A facility for public or private assembly and meetings. Examples of these uses include:
 auditoriums, civic and private
 banquet halls
 community centers
 conference/convention facilities
 meeting halls for clubs and other
membership organizations
 places of worship
Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on-site employees and clients, and that occupy less floor area on the site than the offices they support (see "Offices"). Does not include sports or other commercial entertainment facilities (see “Commercial Recreation Facilities"). Does not include funeral homes and mortuaries (see “Funerals Homes and Mortuaries”). Related on-site facilities, including day care centers and schools, are separately defined (see “Child Day Care (Land Use)” and “Educational Facilities, Public and Private”).

ATM (Automated Teller Machine) (Land Use). An automated device used by the public to conduct banking and financial transactions electronically (i.e., withdrawing cash from, or depositing cash or checks into, a bank, savings, credit union, credit card or similar account).

May be a walk-up device or a drive thru-through. Does not apply to retail point-of-sale transactions within a fully enclosed location. Refers to machines located on properties of financial institutions and properties that are separate from financial institutions.

Auction House. A structure or enclosure where goods or livestock are sold by auction.

Auto Dismantling, Salvaging, or Wrecking. See “Recycling, Scrap, and Dismantling Yards.” Auto Parts Sales. See “Vehicle Parts Sales.”
Auto Rental. See “Vehicle Rental Services.”
Auto Repair. See "Vehicle Services."

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Packet Pg. 1765 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2353 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 12

17.800.030 – Definitions, “B”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Bail Bond Service. An establishment in which a bail bondsman, who is licensed in compliance with California Insurance Code Section 1800 et seq. to solicit, negotiate, issue, and deliver bail bonds, coordinates the release of arrested persons until their court appearance.

Balcony. A balustrade or railed elevated platform projecting from the wall of a residence, with access from stairs outside the residence or a door from inside the residence.

Banks and Financial Services (Land Use). Financial institutions including:
 banks, savings, and trust companies
 credit agencies
 credit unions
 holding (but not primarily
operating) companies
 lending and thrift institutions
 other investment companies
 securities/commodity contract
brokers and dealers
 security and commodity exchanges
 mortgage services
 vehicle finance (equity) leasing
agencies
See also "ATM (Automated Teller Machine)." Does not include check cashing stores, which are instead defined under "Personal Services - Restricted." Banquet Hall. An establishment that is rented by individuals or groups to accommodate private functions (e.g., banquets, weddings, anniversaries, etc.). May or may not include: (1) kitchen facilities for the preparation or catering of food; (2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and (3) outdoor gardens or reception facilities. See “Assembly/Meeting Facilities, Public or Private.”
Bars, Lounges, and Nightclubs (Land Use). Establishments engaged in selling or serving alcoholic beverages for consumption on the premises, with or without live entertainment, as regulated by Section 17.430.040 (Alcohol Sales). Does not include “Hookah Lounges.” Batting Cage. A facility or portion thereof that provides for the timed rental of portioned, fenced enclosures in which individuals swing a bat at baseballs or softballs thrown in their direction through the use of an automatic mechanical device. See “Commercial Recreation Facilities, Indoor.”

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Packet Pg. 1766 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2354 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 13 Beauty Salon. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation. May include accessory massage services (see “Massage Establishments and Services”) and the application of permanent makeup. See “Personal Services.” Bed and Breakfast Inn. See “Lodging.”
Bedroom. An enclosed space in a structure that is designed to be used for sleeping purposes; that meets the room dimension requirements of the most recent edition of the California Building Code; that is not accessed directly from the garage; and that has one or more windows.

Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Bicycle Facilities. A general term describing improvements and provisions to accommodate or encourage bicycling, including parking facilities, maps, all bikeways, and shared roadways not specifically designated for bicycle use.

Bicycle Parking Space. An area that is equipped with a bicycle rack or bicycle storage locker for the purpose of parking and securing bicycles.

Billiard Hall. See “Poolroom.”
Bingo Game Operations (Land Use). Any operation sponsored and run by a nonprofit organization that provides entertainment in the form of a group game in which letters and numbers are commonly called and individually marked on a player's game board.

Boat Sales. See “Vehicle Rentals, Sales, and Services.” Broadcasting Studio (Land Use). Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with all facilities, except for antenna, located entirely within structures.

Brow Ditch. A small to moderate depression created to channel water. Typically, these ditches are placed upslope of an excavation in order to intercept and direct surface water runoff in areas where overland flow is likely to occur.

Building. See “Structure.”

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Packet Pg. 1767 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2355 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 14 Building and Landscape Materials Sales (Land Use). An indoor or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, portable spas, and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products. Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. May also include the rental of tools and equipment used in the building trades. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Building Envelope. The ground area of a lot which is defined by the minimum setback requirements within which construction of a principal structure and any attached accessory structures is permitted. See “Setback.” See Figure 8-3 (Building Envelope).

Figure 8-3
Building Envelope
Building Official. The Building Official of the City of San Jacinto, or authorized designee(s).

Bulk Merchandise. See “Retail Sales.”
Business. A use or activity involving the sale or rental of goods, or the sale or furnishing of services of any kind, or any commercial enterprise.

Business Park. An area of land planned, developed, and operated as an integrated facility for a number of business uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

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Packet Pg. 1768 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2356 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 15 Business Support Service (Land Use). An establishment within a structure that provides services to other businesses including maintenance, repair and service, testing, rental, etc.

Examples of these services include:
 computer-related services (rental, repair)
 copying and quick printing services
 film processing and photofinishing (retail)
 graphic design services
 mailing and mail box services
 security systems services
 testing laboratories (soils, materials testing, etc.)

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Packet Pg. 1769 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2357 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 16

17.800.040 – Definitions, “C”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Calendar Day. A 24-hour time period measured from midnight to midnight.

California Environmental Quality Act (CEQA). Section 21000 et seq. of the Public Resources Code that requires State, regional, county, and local agencies to conduct environmental review for any discretionary activity proposed to be carried out or approved by those agencies.

Call for Review. See Section 17.715.030 (Calls for Review).

Campgrounds. See “Recreational Vehicle Parks.”
Cannabis. Terms shall be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Chapter 1 of Division 10 of the Business and Professions Code, the Cannabis Cultivation Program, Chapter 1, Division 8, Title 3 of the Code of Regulations, and the California Uniform Controlled Substances Act, Chapter 1 of Division 10 of the Health and Safety Code as indicated. The definitions, as they appear as of the adoption of this ordinance, are included for reference purposes in italics and may be amended, administratively, to be consistent with changes in the associated state codes.

A-license has the same meaning as in Section 26001 of the Business and Professions Code. “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.

A-licensee has the same meaning as in Section 26001 of the Business and Professions Code. “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.

Cannabis has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this

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Packet Pg. 1770 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2358 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 17 division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

Cannabis Oriented Business means any business which cultivates, manufactures, produces, distributes, sells, or tests cannabis or cannabis products, whether wholesale or retail, for medical or recreational purposes.

Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.

As of the writing of this ordinance, “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activity has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division [Division 10 Cannabis {26000- 26250}].

Cultivation has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.

Cultivation site has the same meaning as in Section 8000 of the Code of Regulations Code. “Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

Dispensary shall mean any establishment which engages in the retail sale of cannabis for medical or recreational purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

Distribution has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.

Indoor Cultivation (Land Use) means the cultivation of cannabis that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure and is different than defined in Section 8000 of the Code of Regulations Code.

Industrial hemp has the same meaning as in Section 11018.5 of the Health and Safety Code. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every

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Packet Pg. 1771 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2359 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 18 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Industrial hemp shall not be subject to the provisions of [Division 10 (commencing with Section 11000) of the Health and Safety Code] or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

M-license has the same meaning as in Section 26001 of the Business and Professions Code. “M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.

M-licensee has the same meaning as in Section 26001 of the Business and Professions Code. “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.

Marijuana refer to Cannabis.

Medicinal cannabis or medicinal cannabis product has the same meaning as in Section 26001 of the Business and Professions Code. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

Microbusinesses (Land Use) has the same meaning as in Section 26070 of the Business and Professions Code. “Microbusiness,” for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by [Division 10 of the Business and Professions Code] on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 [of the Business and Professions Code].

Outdoor Cultivation (Land Use) mean the cultivation and distribution of cannabis that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “Mixed-Light cultivation” and “outdoor cultivation” as defined in Section 8000 of the Code of Regulations:

1. “Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure.

2. “Outdoor cultivation” means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.

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Packet Pg. 1772 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2360 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 19 Testing laboratory (Land Use) has the same meaning as in Section 26001 of the Business and Professions Code. “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

2. Licensed by the Bureau of Cannabis Control.

Caretaker Housing (Land Use). A permanent residence on the site of a nonresidential use. The residence is secondary or accessory to the principal nonresidential use of the site and houses a caretaker employed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Cargo Container. Unmodified, stackable, metal shipping containers not permanently affixed to the ground and used for accessory storage. Subject to the requirements in Section 17.430.100 (Cargo Containers).

Carpet/Upholstery Cleaning Plants (Land Use). A facility that provides carpet and upholstery cleaning services.

Carport. A permanent roofed structure, not completely enclosed, to be used for covered motor vehicle parking.

Car Sharing. A practice where people become members in a formal or informal organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.

Car Washing. See “Vehicle Services.”
Catering Service (Land Use). A business that prepares food and beverages for consumption on the premises of a client.

Cemetery (Land Use). A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or any combination of these.

Chemical Product Manufacture, Wholesaling and Distribution (Land Use). Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: biofuels; basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or chemicals to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the

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Packet Pg. 1773 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2361 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 20 chemicals described above, except as part of retail trade. Does not include the manufacture of drug products (see “Drug Manufacturing”).

City Engineer: The City Engineer of the City of San Jacinto, or authorized designee(s).

City Manager. The City Manager of the City of San Jacinto or authorized designee(s).

Clear Sight Triangle. See “Traffic Visibility Area.”
Clothing and Fabric Products (Land Use). Manufacturing establishments assembling clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal Services”). See also “Furniture/Fixtures Manufacturing, Cabinet Shops” and “Textile and Leather Product Manufacturing.”
Club. An association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

Commercial Recreation Facilities (Land Use). Establishments providing amusement and entertainment services for a fee or admission charge, including the following activities:

Indoor. Facilities for various indoor participation or spectator sports and types of recreation where a fee is charged for use, including:
 arenas/stadiums
 baseball and softball training
facilities
 basketball courts
 billiard halls (pool rooms)
 bingo halls (excluding
nonprofit activities)
 bowling alleys
 boxing clubs
 dance halls , clubs, and
ballrooms
 handball courts
 ice rinks
 laser tag
 paintball
 racetracks (scale model
vehicles operated by remote
control)
 racquetball courts
 shooting galleries
 skating rinks
 soccer centers
 swim centers
 tennis courts
 trampoline and gymnastics
centers

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Packet Pg. 1774 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2362 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 21 May also include commercial facilities customarily associated with the above indoor commercial recreational uses, including bars and restaurants (see Section 17.430.040 (Alcohol Sales). Does not include facilities with five or fewer arcade machines (see “Accessory Amusement Devices”); facilities with six or more arcade machines (see “Arcades”); bingo games held by nonprofit organizations (see “Bingo Game Operations”); or health and fitness facilities (see “Health and Fitness Facilities”).

Outdoor. Facilities for various outdoor participation or spectator sports and types of recreation where a fee is charged for use, including:
 amphitheaters
 baseball
 basketball
 batting cages
 bocce ball
 drive-in movie theaters
 football
 go cart and miniature auto
race tracks
 golf courses
 golf driving ranges separate
from golf courses
 handball courts
 health and athletic club
outdoor facilities
 lacrosse
 miniature golf courses
 racing and drag strips
(automobile, truck, and
motorcycle)
 paintball
 race tracks (remote control)
 rugby
 shooting ranges
 skateboard parks
 soccer
 softball
 stadiums and coliseums
 swim and tennis clubs
 tennis courts
 volleyball
 water slides
 zoos
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and food service (see Section 17.430.040 (Alcohol Sales), video game arcades, etc. Does not include Recreational Vehicle Parks (“Recreational Vehicle Parks”).

Commercial Bakery, Food, or Beverage Manufacturing or Processing (Land Use). A manufacturing business specializing in the preparation of baked goods (breads, cakes, cookies, donuts, etc.) or prepared foods from raw materials, or bottling or manufacturing beverages with the retail sale of the products primarily occurring off the site. Does not include facilities where

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Packet Pg. 1775 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2363 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 22 baking activities are entirely in support of the retail sale of baked goods on the same site (see “Retail, General”). Does not include breweries, distilleries, or other alcohol based products.

Commercial Vehicle or Truck. See “Vehicle, Commercial.” Commission. The Planning Commission of the City of San Jacinto.

Community Care Facilities. Any facility, place, or building that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following, as identified by the Community Care Facilities Act (Health & Safety Code Section 1500 et seq.).
 Residential care facility
 Adult day program
 Therapeutic day services facility
 Foster family agency
 Foster family home
 Small family home
 Social rehabilitation facility
 Community treatment facility
 Full-service adoption agency
 Non-custodial adoption agency
 Transitional shelter care facility
 Transitional housing placement
facility
Includes those facilities, places, or buildings that are both subject to regulation by the State of California and actually licensed by the State of California. Does not include a facility, place, or building that may otherwise be regulated by the State of California, but that is not actually licensed by the State of California (“Congregate Living Facility”). Does not include “Child Day Care Facilities” or “Organizational Houses.”
Congregate Care Facility (Land Use). A 24-hour intermediate care facility that provides skilled nursing and congregate living for, but not limited to, the developmentally disabled, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children.

Convalescent Facility (Land Use). An establishment that provides care on a 24-hour basis for persons requiring regular medical attention. Patients include those with postoperative, convalescent, chronic illness, or dietary problems, and persons aged or infirm unable to care for themselves. Does not include facilities providing outpatient medical services or surgical services (see “Medical Services – Clinic, Laboratory, Urgent Care” and “Medical Services -Hospitals.”)

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Packet Pg. 1776 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2364 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 23 Residential Care Facility (Land Use). A facility, place or building that is maintained and operated to provide 24-hour non-medical residential care for, but not limited to, developmentally disabled, physically mentally impaired, incompetent persons, and abused or neglected children.

Residential Care Facility for the Elderly (Land Use). A housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or (if applicable pursuant to Health and Safety Code Section 1569.2) personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility.

Community Preservation Committee. See Municipal Code Section 8.44.020 (Definitions).

Conditional Use. A use of land identified by Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards) as being allowed in a particular zone subject to the approval of a Conditional Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Conditional Use Permit. A type of discretionary permit that, if approved, would allow a use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities, in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards). The additional control is to ensure that the proposed particular use on a particular site is compatible with other existing or permitted uses surrounding the site. See Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Condominium. A structure or group of structures, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Includes development in which the individual owns land directly below the "footprint" of a unit, and all other land within the project is owned in common. Includes a condominium project, community apartment project, or stock cooperative, as defined in Civil Code Section 1351.

Condominium Project. The entire parcel of real property proposed to be used or divided, as land or airspace, into two or more units as a condominium.

Condominium Unit. The particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupiers.

Congregate Care Facility (Land Use). See “Community Care Facilities.”

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Packet Pg. 1777 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2365 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 24 Congregate Living Facility (Land Use). A residence or dwelling, other than a hotel or motel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence, in order to preserve the residential character of the neighborhood. Does not include a congregate care facility (see “Community Care Facility”) that is properly licensed by the State of California, and does not include an organizational house (see “Organizational House”), and does not include a group home for persons with disabilities (see “Group Home for Persons with Disabilities”).

Contour. A line drawn on a contour map or plan which connects points of equal elevation.

Contour grading. A grading technique designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

Contour grading does not necessarily minimize the amount of cut (“Cut”) and fill (“Fill”).

Contractor Base Facility – Indoor (Land Use). Office and storage facilities operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for uses such as repair facilities. Includes building contractors, landscape contractors, sign contractors, etc.

Contractor Base Facility / Yard - Outdoor (Land Use). Outdoor storage facilities operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for uses such as repair facilities. Includes building contractors, landscape contractors, sign contractors, etc. May include indoor office and storage.

Convenience Market (Land Use). Retail establishments that sell prepackaged food items, beverages and small convenience items (e.g., periodicals, tobacco, miscellaneous household and pharmaceutical goods, etc.) primarily for off-site consumption; that typically have long or late hours of operation; that are in relatively small structures located along heavily traveled streets.

This term excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat or fish (see “Food and Beverage Sales”). Includes establishments located within or associated with another use (e.g., service stations) (see “Vehicle Services - Service Stations”). May also sell alcoholic beverages (see Section 17.430.040 (Alcohol Sales).

Conversion of Residential Structures. The use of residential structures converted for combined residential and nonresidential use or converted for solely nonresidential use.

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Packet Pg. 1778 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2366 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 25 Cottage Business. An accessory use, subordinate to the principal residential use of the property, operated by persons residing in the principal dwelling unit on the same parcel of land upon which the cottage business is located (See Section 17.430.150 140 (Cottage Businesses).

Additionally, the use may be carried out in an accessory structure on the same parcel or on a parcel adjacent to the principal dwelling owned by the same person. The cottage business constitutes, either entirely or partly, the livelihood of the person living in the dwelling unit. A cottage business may also include a home occupation (see “Home Occupations”). Examples of these uses include, but are not limited to:
 Clothing tailors and seamstresses
 Contractor’s storage yard
(maximum of 200 sq. ft. outdoor
storage
 Electronic/computer equipment
repair and maintenance
 Engine repair, small (excludes motor
vehicle engines)
 Household goods repair and
maintenance (minor)
 Janitorial, housekeeping, and lawn
care services
 Locksmith shop
 Specialty trade contractors (e.g.,
drywall, electrical, landscaping,
masonry, painting, plumbing,
roofing, etc.)
 Pest control services
 Trucking business (Max 2 trucks
with trailers)
 Upholstery, cabinet, and
woodworking shops
Council. The City Council of the City of San Jacinto.

Covenant of Easement. See Section 17.660.120 (Covenants of Easements).

Coverage.

Impervious Surface Coverage. The area of a parcel covered by structure(s) and other impervious surface(s), expressed as a percentage of the total parcel area. See also “Impervious Surface.” See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).

Structure Coverage. The area of a parcel covered by a structure or structures, expressed as a percentage of the total parcel area. See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).

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Packet Pg. 1779 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2367 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 26 Figure 8-4
Impervious Surface Coverage and Structure Coverage
Crop Production, Horticulture, Orchard. See “Agricultural Activities and Facilities.” Cultural Institutions (Land Use). Public or private institutions that display or preserve objects of community or cultural interest in one or more of the arts or sciences. Examples of these uses include:
 art galleries
 libraries
 museums

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Packet Pg. 1780 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2368 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 27 Cut. Earth material removed by artificial means (e.g., excavation or any other form of human activity) or the act of removing the material. See Figure 8-5 (Cut and Fill). See also “Fill.” Figure 8-5
Cut and Fill

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Packet Pg. 1781 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2369 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 28

17.800.050 – Definitions, “D”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Dairies. See “Livestock and Dairy Operations.”
Day. Unless otherwise specified, a calendar day. See “Calendar Day.” See Section 17.105.020.D. (Rules of Interpretation – Time limits).

Day Care Facility (Land Use). Nonmedical care and supervision of children or adults on a less than 24-hour basis.

Small (Eight or fewer people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for eight or fewer people.

Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

Large (Nine to 14 people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for nine to 14 people. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

General (15 or more children). Establishments that provide nonmedical care for 15 or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers.

Day Spa. An establishment that offers a combination of non-medical personal services typically found in a beauty shop (i.e., hair, nail and skin care) and spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. May include “Massage Services”.

Development Review Committee. See Section 17.700.060 (Development Review Committee).

See also “Pre-Development Review Committee.”
Director. The Planning & Community Development Director of the City of San Jacinto, or authorized designee(s).

Disability or Handicap. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

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Packet Pg. 1782 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2370 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 29 Donation Box. See “Recycling Facilities.”
Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).

Drive-Through Thru Retail (Land Use). A facility where food or other products may be purchased by motorists without leaving their vehicles. Examples of drive-through thru retail facilities include fast-food restaurants, drive-thruough coffee, dairy product, photo stores, pharmacies, etc.

Drive-Through Thru Service (Land Use). A facility where services may be obtained by motorists without leaving their vehicles. Examples of drive-through thru service facilities include drive-through thru bank teller windows, dry cleaners, automated teller machines, etc., but do not include gas stations or other vehicle services, which are separately defined.

Drug Manufacturing (Land Use). The manufacture of medicinal chemicals and botanical products, pharmaceutical preparations, diagnostic substances, and biological products, for human or veterinary use.

Duplex. See “Dwelling, Two-Family.”
Dwelling. A structure or portion of a structure designed for residential purposes, including single-family, two-family, and multi-family dwellings.

Dwelling, Multi-Family (Land Use). A structure or development containing three or more dwelling units, each of which is for occupancy by one or more persons living as a Household (see “Household”). Includes: triplexes (structures under one ownership with three dwelling units in the same structure); fourplexes (structures under one ownership with four dwelling units in the same structure); apartments (five or more dwelling units under one ownership in a single structure or complex); and common ownership, attached unit projects including condominiums (see “Condominiums”) and townhouses (see “Townhouses.” Does not include duplexes (see “Dwelling, Two Unit”).

Dwelling, Single-Family (Land Use). A structure containing one dwelling unit located on a single parcel for occupancy by one Household (see “Household”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.

Attached Single-Family Dwelling. A dwelling that is attached to another dwelling, excluding accessory dwellings. Each dwelling is owned in fee, located on an individual parcel, and is joined to another dwelling along a single lot line. Each dwelling is totally separated from the other by an unpierced vertical wall extending from ground to roof.

Row houses and town homes are examples of this dwelling unit type.

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Packet Pg. 1783 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2371 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 30 Detached Single-Family Dwelling. A dwelling that is not attached to any other dwelling. The dwelling is owned in fee and is located on an individual parcel.

Dwelling, Two-Family (also known as a duplex) (Land Use). A structure located on a single parcel and containing two dwelling units, each of which is for occupancy by one Household (see “Household”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.

Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for occupancy by one Household (see “Household”).

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Packet Pg. 1784 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2372 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 31

17.800.060 – Definitions, “E”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Easement. See Section 17.660.120 (Covenants of Easements).

Educational Facility, Private or Public (Land Use). An institution (e.g., a private or public school, college or university) that conducts general academic instruction equivalent to the standards prescribed by the State Board of Education, or confers degrees to students of undergraduate or graduate standing, or conducts academic or scientific research, or gives religious or vocational/specialized instruction/courses/programs.

Academic K–12. An institution that offers instruction in several branches of learning and study required to be taught in the public schools by the State Education Code.

Includes elementary, middle, junior high, and high schools, and charter schools serving kindergarten through 12th grade students. Does not include preschools and child day care (see "Child Day Care (Land Use)").

College or University. A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public colleges, universities, and technical schools
Commercial Schools. Non-degree granting business, secretarial, and vocational schools offering specialized trade and commercial courses. Includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (including arts, communications, environmental awareness, fitness, and management, as examples) and the following specialized schools:
 art school
 business, secretarial, and
vocational school
 computers and electronics
school
 dance school
 drama school
 driver education school
 establishments providing
courses by mail or internet
 language school
 music school
 personal growth and
development (including arts,
communications,

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Packet Pg. 1785 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2373 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 32 environmental awareness,
fitness, and management)
 photography school
 seminaries/religious ministry
training facility
 tutoring centers
See also the definition of “Studio - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.

Efficiency Unit. See “Accessory Dwelling Unit.”
Electric Vehicle Charging Station. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

Electronics, Equipment, and Appliance Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
 appliances such as stoves/ovens,
refrigerators, freezers, laundry
equipment, fans, vacuum cleaners,
sewing machines
 aviation instruments
 computers, computer components,
and peripherals
 electrical transmission and
distribution equipment
 electronic components and
accessories
 semiconductors, integrated circuits,
related devices
 electronic instruments, components
and equipment such as calculators
and computers
 electrical welding apparatus
 lighting and wiring equipment such
as lamps and fixtures, wiring
devices, vehicle lighting
 industrial apparatus
 industrial controls
 instruments for measurement,
testing, analysis and control,
associated sensors and accessories
 miscellaneous electrical machinery,
equipment supplies such as
batteries, X-ray apparatus and tubes,
electromedical and
electrotherapeutic apparatus,
electrical equipment for internal
combustion engines
 motors and generators
 optical instruments and lenses
 photographic equipment and
supplies
 radio and television receiving
equipment such as television and
radio sets
 surgical, medical and dental
instruments, equipment, supplies
 surveying and drafting instruments
 telephone apparatus
 transformers, switch gear, and
switchboards
 watches and clocks

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Packet Pg. 1786 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2374 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 33 Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Services”), or research and development facilities separate from manufacturing (see “Research and Development”).

Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee Housing (Land Use). Employee housing for six or fewer employees in a singlefamily dwelling, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Qualified employee housing for six or fewer employees is subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.

Entertainment, Live. See “Live Entertainment.”
Equipment Rental (Land Use). A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction and heavy equipment rental (see "Construction and Heavy Equipment Rental").

Establishment. Any business (see “Business”).

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Packet Pg. 1787 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2375 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 34

17.800.070 – Definitions, "F"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Fair Housing Laws. Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927c(1) and 12955(1), as amended from time to time.

Farm Supply and Feed Store (Land Use). A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, feed for domestic pets and farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks or other animals if authorized by the approved permit. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of "Construction and Heavy Equipment Sales and Rental."
Farmers Market (Land Use). The temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.

Feed Store. See “Farm Supply and Feed Store.”
Fence or wall. A structure, solid or otherwise, that is 18 inches or more in height, the purpose of which is to either partially or totally define parcel boundaries, create or define portions of yards, or secure private areas. Does not include “Hedge.” Fill. Earth material placed by artificial means (e.g., truck import or any other form of human activity) or the act of placing the material. See Figure 8-3 (Cut and Fill). See also “Cut.” Fire Chief. The Fire Chief of the City of San Jacinto, or authorized designee(s).

Flatwork. Where the ground is covered with non-structural concrete, asphalt, or any material that creates an impervious surface. See “Impervious Surface.” Flex-Time. Allowing employees to alter regular hours of work by extending the work day in the morning or evening or both.

Floor Area Ratio. The mathematical relation between volume of building and unit of land expressed as the ratio of gross floor area of all structures on a lot to total lot area. See Figure 8-6 (Floor Area Ratio).

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Packet Pg. 1788 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2376 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 35 Figure 8-6
Floor Area Ratio

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Packet Pg. 1789 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2377 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 36 Food and Beverage Product Manufacturing (Land Use). Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
 bottling plants
 breweries
 candy, sugar and confectionery
products manufacturing
 catering services separate from
stores or restaurants
 coffee roasting
 dairy products manufacturing
 fats and oil product manufacturing
(rendering excluded)
 fruit and vegetable canning,
preserving, related processing
 grain mill products and by-products
 meat, poultry, and seafood canning,
curing, by-product processing
 soft drink production
 wine production
 miscellaneous food item preparation
from raw products
Does not include bakeries (see “Bakery Products”) or beer brewing as part of a brew pub, bar or restaurant (see “Bars, Lounges, and Nightclubs”).

Food and Beverage Sales (Land Use). A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales.

Does not include catering service (see “Catering Service”) or convenience markets (see “Convenience Markets”).

Grocery Stores. Retail establishments that generally maintain a minimum gross floor area of 30,000 square feet and carry a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods). Includes retail bakeries, where on-site baking is only for on-site sales.

Neighborhood Grocery. Retail establishments that occupy a maximum gross floor area of 10,000 square feet and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods.

Small Format Grocery. Retail establishments that occupy more than 10,000 or less than 30,000 square feet of gross floor area and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods,; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods. Small Format Groceries feature more limited product selection and merchandise display

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Packet Pg. 1790 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2378 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 37 Specialty Food. Retail establishments that generally carry a limited and focused range of food products (e.g., bakery, butcher, cheese store, delicatessen, health food, ice cream/yogurt shop, produce market, or food stuffs associated with a particular nationality, religious observance, dietary practices, or cuisine, etc.) Food Service Establishment (Land Use). A retail business selling ready-to-eat food or beverages for on- or off-premise consumption. These include businesses where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Outdoor dining facilities shall meet the standards in Section 17.430.230 (Outdoor Dining). Does not include establishments selling alcoholic beverages (see “Alcohol Sales”).

Fortune Teller. See “Personal Services – Restricted.”
Fourplex. See “Dwelling, Multi-Family.”
Fuel Dealer (Land Use). A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.

Furniture/Fixtures Manufacturing, Cabinet Shops (Land Use). Manufacturers producing:
wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public space furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills (see “Lumber and Wood Products”).

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Packet Pg. 1791 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2379 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 38

17.800.080 – Definitions, "G"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Garage, Private. An accessory structure, or an accessory portion of the primary structure, which is enclosed on all sides and is designed or used primarily for parking of motor vehicles by the occupants of the primary structure.

Garage Sale (Land Use). See Municipal Code Chapter 5.24 (Garage Sales) and also Chapter

17.640 (Temporary Use Permits).

General Plan. The City of San Jacinto General Plan, as amended.

Government Facility (Land Use). An area or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public (e.g., corporate yard, city hall, community recreation center, post office, library, etc.).

Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project.

Grade, Finished. The surface of the ground or pavement at a stated location as it exists after completion of a project.

Grade, Natural. The unaltered natural surface of the ground at a stated location.

Grading. Excavating, filling, or smoothing earth.

Granny Unit. See “Accessory Dwelling Unit.”
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include waste water from kitchen sinks or dishwashers, pursuant to Health and Safety Code Section 17922.12.

Grocery Store. See “Food and Beverage Sales.”
Group Home for Persons with Disabilities. Any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities. (ord. 14-03, adopted May 6, 2014)

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Packet Pg. 1792 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2380 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 39 Guest House (Land Use). Living/sleeping quarters within a detached structure accessory to a single-family dwelling for the use of persons employed on the premises or for the temporary use by guests of the occupants of the premises. The quarters shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate dwelling.

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Packet Pg. 1793 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2381 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 40

17.800.090 – Definitions, "H"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Habitable Space. A room or space in a structure for living, sleeping, eating or cooking.

Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered a habitable room or space.

Handcraft Manufacturing (Land Use). On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment (i.e., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, welding etc.) that have no negative external impacts on surrounding properties. Examples of these products include:
 candles
 ceramics
 costume novelties
 jewelry
 mosaics
 musical instruments
 needlework
 pottery
 quilting
 small glass, metal art, and craft
products
 sporting and athletic goods
 stained glass
 toys
 wood carving
Includes the incidental direct sale to consumers of only those goods produced on-site. Does not include artisan shops (see “Artisan Shops”), performing art rehearsal spaces (see “Studios, Art, Dance, Martial Arts, Music, etc.”), or art museums (see “Cultural Institutions”).

Head Shop. An establishment that sells merchandise that could be used for the purpose of unlawfully administering or ingesting drugs.

Health/Fitness Facility (Land Use). A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

Small. An indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, or weight control. Examples of uses include martial arts, Pilates, personal training, and yoga studios.

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Packet Pg. 1794 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2382 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 41 Large. A full service fitness center, gymnasium, or health and athletic club, which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers, barber/beauty shops, snack shop, delis, lounges, etc. Does not include adult-oriented businesses (see “AdultOriented Businesses”) and other commercial recreation facilities (see “Commercial Recreation Facilities”).

Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See “Fence.” Height. The vertical distance from the finished grade to the highest point of a structure.

Hillside. Those portions of land displaying slopes, ridgelines, hills, knolls, canyons, or similar topographic features. See Section 17.305.070 (Hillside Development).

Home Occupation (Land Use). A legal commercial enterprise conducted by an occupant(s) of the dwelling that are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses, and which does not change the character of the dwelling.

Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of any device or equipment producing smoke or vapors, including pipes (commonly known as a hookah, waterpipe, or narghiles), but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.

Hospital. See “Medical Services- Hospital.”
Hotel. See “Lodging.”
Household. All the persons who occupy a dwelling unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements.

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Packet Pg. 1795 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2383 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 42

17.800.100 – Definitions, "I"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Impervious Surface. Any material or structure on or above the ground that prevents the movement of water from the land surface into the underlying soil or dirt. Impervious surface includes hardened surfaces caused by human action including paved parking lots, sidewalks, roof tops, driveways, patios, and roads. May include “semi-hardened” surfaces that greatly impede water flow and are also caused by human action, including highly compacted gravel, sand, soils, or clay, which can be nearly concrete-like in their imperviousness. See “Coverage.” Improvement. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.

Industrial Park. An area of land planned, developed, and operated as an integrated facility for a number of industrial uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Inoperable Vehicle. Any car, truck, motorcycle, trailer, boat or vessel, motor home or other conveyance intended to be used on public roadways or waterways that cannot legally and safely be operated on public roadways or waterways; or any off-road vehicle that cannot be operated on or off public roadways. A “certificate of non-operation” issued by the California Department of Motor Vehicles relates only to the registration fees due and has no bearing on the operable status of any vehicle or vessel.

Irrevocable Offer of Dedication. See Section 17.660.120 (Covenants of Easements).

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Packet Pg. 1796 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2384 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 43

17.800.110 – Definitions, "J"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

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Packet Pg. 1797 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2385 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 44

17.800.120 – Definitions, "K"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Kennels and Catteries. Facilities for the care of dogs and cats. See “Animal Sales and Services.” Kitchen. Any room or space within a structure, all or part of which is designed or used for cooking, preparation, refrigeration and storage of food and which includes a sink, refrigerator, stove or range top, and oven or microwave.

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Packet Pg. 1798 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2386 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 45

17.800.130 – Definitions, "L"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Landform Grading. A land grading
concept that seeks to replicate the
irregular shapes of natural slopes.

Does not include conventional
grading or contour grading. See
Figure 8-7 (Landform Grading).

Figure 8-7
Landform Grading

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Packet Pg. 1799 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2387 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 46 Landforming. The grading and planting of an area so that the area blends into and complements the drainage pattern of the surrounding natural terrain. See “Landform Grading” and see also Section 17.305.070 (Hillside Development).

Landscape Design Guidelines. The Landscape Design Guidelines adopted by the City Council in Resolution No. 253 on June 2, 2005, as amended from time to time.

Laundries, Dry Cleaning Plants, Linen Supply. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “Personal Services.” LEED. Leadership and Energy Efficient Design (LEED) is an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC), providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across the following types of metrics: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

Live Entertainment (Land Use). Entertainment provided by one or more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded music. Includes dancing and karaoke. Does not include the term “Adult Oriented Businesses.”
Amplified. The increase in the degree of sound level of voices, instruments, or recorded music through electronic devices and equipment (e.g., speakers, loudspeakers, etc.).

Unamplified. Voices or instruments without sound-boosting electronic devices and equipment.

Live/Work Unit (Land Use). A structure, or spaces within a structure, that combine commercial or manufacturing activity, which are allowed in the zone where the premises are located, with a residential space. Typically the residential use of the premises is secondary or accessory to the primary use as a place of work.

Livestock and Dairy Operations. See “Agriculture.”
Loading Space. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purposes of loading and unloading goods and materials.

Local Agency Formation Commission (LAFCO). A commission created in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.) to oversee proposals for organization and boundary changes, including

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Packet Pg. 1800 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2388 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 47 the incorporation and disincorporation of cities, the formation and dissolution of special districts, and the annexation, consolidation, merger, and reorganization of cities and special districts.

Lodging (Land Use).

Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where limited meals may be provided to registered overnight guests only, subject to applicable Environmental Health Department regulations.

Hotel. A facility in which guest rooms or suites are offered for compensation to the general public for transient lodging with or without meals for compensation and where no provision is made for cooking in an individual guest room or suite. Hotel rooms are accessed from interior hallways and typically include a variety of accessory services (e.g., accessory retail, personal services, restaurants, etc.) Also includes accessory guest facilities (e.g., meeting facilities, computer/work stations, swimming pools, tennis courts, indoor athletic facilities, etc.).

Extended Stay Hotel. A hotel with rooms that contain kitchen facilities for food preparation. Extended-stay lodging facilities may contain lobbies, conference rooms, meeting rooms, child play areas, or restaurants.

Motel. A structure or series of structures in which guest rooms are offered to the general public for transient lodging, without kitchen facilities; with or without meals; and for compensation. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each room.

Lot. The basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise allowed by law, to be used, developed, or built upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder.

Types of lots include the following. See Figure 8-8 (Lot Types).

Corner Lot. A lot located at the intersection of two or more streets. The front lot line of a corner lot abuts the shortest street property line, unless otherwise determined by the Director.

Flag Lot. A lot not meeting minimum lot frontage requirements and where access to the private or public street is provided by a narrow private access way that is between abutting lots and that is owned in fee.

Interior Lot. A lot abutting only one street.

Key Lot. An interior lot, the front of which abuts the side property line of a corner lot.

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Packet Pg. 1801 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2389 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 48 Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot.

Through Lot. A lot with frontage on two generally parallel streets. May be an interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. Each street frontage of an interior lot and the two shortest street frontages of a corner lot shall be deemed a front lot line.

Figure 8-8
Lot Types

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Packet Pg. 1802 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2390 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 49 Lot Line or Parcel Line. Any recorded boundary of a lot or parcel. Types of lot lines are as follows (see Figure 8-9 (Lot Features)):

Front lot line. On an interior lot, the property line separating the parcel from the street.

The front lot line on a corner lot is the property line with the shortest frontage within residential zones and the longest frontage within nonresidential zones. If the lot lines of a corner lot are equal in length, the Director shall determine which is the front lot line.

On a through lot, the front lot line is the line abutting a street where primary access is taken.

Interior lot line. Any lot line not abutting a street.

Rear lot line. A lot line that does not intersect the front lot line and that is most distant from and most closely parallel to the front lot line. In the case of irregularly shaped lots, line to be determined by the Director.

Side lot line. Any lot line that is not a front or rear lot line.

Zero-lot line. See “Zero Lot Line.”
Figure 8-9
Lot Features

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Packet Pg. 1803 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2391 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 50 Low Barrier Navigation Center (Land Use). A low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and includes but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Lumber and Wood Product Manufacturing (Land Use). Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
 containers, pallets, and skids
 milling operations
 trusses and structural beams
 turning and shaping of wood
products
 wholesaling of basic wood products
 wood product assembly
Does not include craft-type shops (“Handcraft Manufacturing”); other wood and cabinet shops (“Furniture/Fixture Manufacturing”); indoor retail sale of building materials, construction tools and equipment (“Building/Landscape Material Sales”).

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Packet Pg. 1804 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2392 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 51

17.800.140 – Definitions, "M"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Machinery Manufacturing (Land Use). Facilities to make or process raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, Equipment, and Appliance Manufacturing”).

Maintenance and Repair Service (Land Use). Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

Maintenance and Service Facility (Land Use). A facility providing maintenance and repair services for fleet vehicles, and accommodating equipment and materials storage areas. This use includes corporation yards, equipment service centers, and similar facilities.

Manufactured Housing. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, singlefamily detached dwelling (see “Single-Family Dwelling”). Does not include mobile homes (see “Mobile Home”). A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling.

Marijuana. See “Cannabis”.

Massage. As defined in Municipal Code Chapter 5.32 (Massage Parlors).

Massage Establishments and Services (Land Use). An establishment where any person certified in compliance with Business and Professions Code Section 4600 et seq. administers to another person a massage, as defined in Municipal Code Chapter 5.32 (Massage Parlors).

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Packet Pg. 1805 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2393 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 52 Medical Services - Clinic, Laboratory, Urgent Care (Land Use). A facility where medical, mental health, surgical and other personal health services are provided on an outpatient basis.

Examples of these uses include:
 outpatient care facilities
 outpatient surgery facilities
 urgent care facilities
 other allied health services
These facilities may also include incidental medical laboratories. Does not include counseling services by other than medical doctors or psychiatrists (see "Offices - Professional/ Administrative") or hospitals (see “Medical Services – Hospitals”).

Medical Services - Offices (Land Use). A facility where medical, dental, mental health, eye care, surgical, acupuncture, acupressure, massage therapy, or other personal health care services are provided on an outpatient basis by chiropractors, medical doctors, psychiatrists, opticians, etc., licensed by the State. Does not include medical clinics, laboratories, or urgent care facilities (see "Medical Services - Clinic, Laboratory, Urgent Care"); hospitals (See “Medical Services, Hospital”); counseling services by other than medical doctors or psychiatrists in locations other than in the offices of other medical doctors or psychiatrists (see "Offices - Professional/Administrative"); palm readers, hypnotists, card readers, psychics, and similar services (see "Personal Services – Restricted"). Massage services is further defined under “Massage Establishments and Services.”
Medical Services – Hospital (Land Use). Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide care for patients on a 24-hour basis within an integrated setting. May include outpatient services and on-site accessory clinics and laboratories (see “Medical Services – Clinic, Laboratory, Urgent Care”); accessory retail uses (see "Accessory Retail and Services"), and on-site ambulance dispatch facilities (“Transportation Service Dispatch Facility ”).

Metal Products Fabrication, Machine and Welding Shops (Land Use). Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, wrought-iron fences and decorative elements, and similar products:
 blacksmith and welding shops
 sheet metal shops
 machine shops and boiler shops

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Packet Pg. 1806 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2394 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 53 Minor Use Permit. A type of discretionary permit that, if approved, would allow a use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities, in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards). The additional control is to ensure that the particular use on the particular proposed site is compatible with other existing or permitted uses surrounding the site, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Minor Variance. A discretionary entitlement that, if approved, would allow the relaxation of specified, but very limited, development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).

Mixed-Use Project (Land Use). A development with two or more different land uses on the same site such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Integration can be either vertical or horizontal or a mixture of the two.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwelling." Mobile Home Park (Land Use). Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Mobile Home Sales. See “Vehicle Rentals, Sales, and Services.” Mobile Home Subdivisions (Land Use). Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are offered for sale or condominium ownership.

Mortuary, Funeral Home (Land Use). An establishment in which the deceased are prepared for burial or cremation, and funeral services may be conducted. Full-service mortuaries include facilities for the preparation of the deceased for burial and for cremation, but does not perform burials or cremations. May include ancillary uses (e.g., sales of caskets, urns, etc.) Partial service facilities include only chapels and similar rooms for viewing, religious services, wakes, and similar activities, together with accessory office facilities. Does not include “Cemetery.” Motel. See “Lodging.”

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Packet Pg. 2395 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 54 Motor Vehicles and Transportation Equipment Manufacturing (Land Use). Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions.

Multi-Family Dwelling (Land Use). See “Dwelling, Multi-Family.”

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Packet Pg. 1808 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2396 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 55

17.800.150 – Definitions, "N"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Nail Salons. Establishments where a majority of the work stations are used to provide manicure or pedicure services. May include accessory massage services. Does not include day spas or similar facilities in which manicure or pedicure services are offered as one type of an array of personal care services (see “Day Spa”). See also “Personal Services.” National Pollutant Discharge Elimination System (NPDES). A system established by the Federal Water Pollution Control Act (FWPCA) (Title IV, Section 402- Permits and Licenses) for issuing permits for wastewater discharge into waters of the United States. The permit provides two levels of control: technology-based limits (based on the ability of dischargers in the same industrial category to treat wastewater) and water quality-based limits (if technology-based limits are not sufficient to provide protection of the water body).

Natural. The condition of land before human alteration, determined on the basis of the oldest reliable evidence available to the review authority at the time of its decision (e.g., topographic map, aerial photographs, etc.). For example, “natural slope” means the slope of a parcel, or portion of a parcel, that is not manufactured or manmade.

Neighborhood Grocery Store. See “Food and Beverage Sales.” Noise. Any undesired audible sound, as regulated by Section 17.300.060 (Noise).

Nursing Home. See “Care Facilities.”

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Packet Pg. 1809 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2397 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 56

17.800.160 – Definitions, "O"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Office (Land Use). This Development Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Services - Clinic, Laboratory, Urgent Care" and "Medical Services - Doctor Office"):

Accessory. An office facility for administration, or on-site business and operations management, that are incidental and accessory to another business, sales, or service activity that is the primary use. For example, a business office within a grocery store.

Government. Administrative, clerical, or public contact or service offices of a local, State, or Federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or Freight Terminal.” Professional/Business/Administrative. Establishments providing direct services or business services to consumers or clients and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Examples of these uses include employment agencies, insurance agent offices, legal services, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Bank, Financial Services,” which is separately defined.

Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction. See Chapter 17.640 (Temporary Use Permits).

Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. See Chapter 17.640 (Temporary Use Permits).

Office Park. An area of land planned, developed, and operated as an integrated facility with freestanding buildings for a number of office uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Off-Site. Located outside the lot or parcel lines of the principal use.

Off-Street Parking. An area together with the required number of parking spaces and improvements as specified by Chapter 17.330 (Off-Street Parking and Loading) for vehicle

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Packet Pg. 1810 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2398 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 57 parking and maneuvering necessary to serve particular land uses, irrespective of the zones in which they occur.

On-Site. Located within the lot or parcel lines of the primary use.

Open Fencing. A fence constructed of rails, pickets, wrought iron, or wire, with the materials spaced so that at least 50 percent of the surface area is open, allowing visibility through the fence.

Open Space, Common. Areas within a development that are designed or intended for the use and enjoyment of all the residents and their guests.

Open Space, Private. Areas intended for the private use by residents of an individual dwelling unit, designed or intended for outdoor living and recreation or the retention of an area in its natural state. Private open spaces may include balconies, patios, and landscaped areas but does not include off-street parking, maneuvering, loading, or delivery areas.

Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of, or damage to a structure, and to restore the structure to its condition before the deterioration or damage.

Organizational House (Land Use). A residential lodging facility operated by a membership organization (e.g., school, convent, monastery, religious organization, etc.) for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Outdoor Dining. A dining area with seats or tables located outdoors of a restaurant, coffee shop, or other food service establishment, and which is (a) located entirely outside the walls of the subject structure, (b) enclosed on two sides or less by the walls of the structure with or without a solid roof cover, or (c) enclosed on three sides by the walls of the structure without a solid roof cover.

Outdoor Display and Sales. The temporary or permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities.

Includes news and flower stands. Does not include the sale of motor vehicles ("Vehicle Rentals, Sales and Services"), mobile homes, boats, and recreational vehicles ("Mobile Home, Boat, or RV Sales"), or building or landscape materials ("Building and Landscape Materials Sales – Outdoor”). Outdoor display and sales shall comply with the standards in Section 17.430.240 (Outdoor Displays and Sales) and Chapter 17.640 (Temporary Use Permits) for temporary display and sales.

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Packet Pg. 1811 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2399 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 58

17.800.170 – Definitions, "P"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Pad. A graded or prepared area on a parcel upon which a structure may be placed.

Paper Product Manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products. Includes paper bags, boxes, envelopes, wallpaper, etc.

Parcel. See “Lot.”
Parking, tandem. The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. May be located within a pull-through garage.

Parking Facility - Public or Commercial (Land Use). Parking lots or structures operated by the City, or a private entity providing parking for a fee. Does not include towing impound and storage facilities, which are instead defined under "Storage - Outdoor." Parking Management. An action taken to alter the supply, operation, or demand of parking facilities to force a shift from the single occupant vehicle to carpool, vanpool, or other transportation mode.

Parks and Playgrounds (Land Use). Public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use, including tennis courts. May include passive outdoor recreation areas. Does not include the same facilities that are privately-owned, commercial recreation facilities (See "Commercial Recreation Facilities"), or recreational vehicle parks and campgrounds (“Recreational Vehicle Parks”).

Partial Reconveyance. See Section 17.660.120 (Covenants of Easements).

Personal Services (Land Use). Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
 barber and beauty shops (without
massage)
 clothing rental shops
 dry cleaning/laundry pick up stores
only, with very limited equipment
and services
 home electronics and small
appliance repair
 laundromats (self-service laundries)
 locksmiths
 nail salons
 shoe repair shops
 tailors and seamstresses

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Packet Pg. 1812 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2400 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 59  tanning salons
These uses may also include accessory retail sales of products related to the services provided.

Personal Services – Restricted (Land Use). Establishments providing non-medical services to individuals as a primary use that require a Minor Use Permit to prevent a concentration of these uses in any one particular area and require site-specific conditions of approval to ensure compatibility with surrounding uses. These uses include:
 check cashing stores
 payday advance businesses
 fortune tellers
 palm and card readers
 pawnshops
 psychics
 spas and hot tubs for hourly rental
 tattoo parlors and body piercing
studios
Does not include acupressure, acupuncture, or massage (”Medical Services - Offices” and “Adult-Oriented Businesses”); hookah lounges (“Hookah Lounge”);or Cannabis Oriented Businesses.

Place of Worship. Any structure used for non-profit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the California property tax law, where the structure is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque. See “Places of Assembly.”
Planning Commission. The City of San Jacinto Planning Commission, referred to as the “Planning Commission.”
Planned Development Permit. A type of discretionary permit that, if approved, would allow the design of a development a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards), in exchange for a modification of specified development standards, in compliance with Chapter 17.620 (Planned Development Permits).

Planning Fee Schedule. A schedule of fees approved by the City Council for the payment of funds to the City for processing and reviewing land use permit applications or other entitlements or for issuing licenses. See Section 17.600.050 (Application Fees).

Planning Permit. A generic term that means any permit or other entitlement authorized by this Development Code including the following: Conditional Use Permit, Home Occupation Permit,

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Packet Pg. 1813 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2401 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 60 Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, Variance, and Zoning Clearance.

Plant Nursery (Land Use). A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under "Crop Production, Horticulture, Orchard." Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under "Residential Accessory Use or Structure"). The sale of house plants or other nursery products entirely within a structure is also included under "Retail, General Merchandise." Plastics, Other Synthetics, and Rubber Product Manufacturing (Land Use). The manufacturing from previously produced products of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastic products; fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle Services - Auto Repair and Service”).

Police Chief. The Police Chief of the City of San Jacinto, or authorized designee(s).

Poolroom. Any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Also known as a billiard hall.

Pre-Development Review Committee. See Section 17.600.040 (Application Preparation and Filing). See also “Development Review Committee.”
Prezone. The process by which the City determines the actual future land use zones for specified parcels of land located outside the City’s boundaries before these parcels are annexed to the City. See Chapter 17.720 (Amendments).

Principal Use. See “Use, Principal.” The primary or predominant use of any parcel or structure.

Printing and Publishing (Land Use). Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade (e.g., bookbinding, typesetting, engraving, photoengraving, and electrotyping). This use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.”

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Packet Pg. 1814 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2402 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 61 Produce Stand (Land Use). A business established and operated that sells raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation. May be either permanent or temporary in use.

Project. Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Development Code.

Public Safety Facility (Land Use). A facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site (see “Transportation Service Dispatch Facility”).

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Packet Pg. 1815 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2403 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 62

17.800.180 – Definitions, "Q"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

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Packet Pg. 1816 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2404 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 63

17.800.190 – Definitions, "R"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations. See Chapter 17.625 (Reasonable Accommodation).

Receiver Site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).

Reception Halls/Rental Halls. See “Banquet Halls.”
Reciprocal Access Easement. See Section 17.660.120 (Covenants of Easements).

Recreational Vehicle (RV). An RV is either of the following, as provided in Health and Safety Code Section 18010:

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
a. It contains less than 320 square feet of internal living room area, excluding builtin equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
b. It contains 400 square feet or less of gross area measured at maximum horizontal projections;
c. It is built on a single chassis; and
d. It is self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

A park trailer, as defined in Health and Safety Code Section 18009.3.

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Packet Pg. 1817 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2405 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 64 Recreational Vehicle (RV) Park (Land Use). A site where one or more lots or spaces are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, and water, sewer, and electric hookups to each lot or space. Includes campgrounds. May include accessory retail uses and services that are clearly incidental and intended to serve RV park or campground patrons only.

Recreational Vehicle Sales. See “Vehicle Rentals, Sales, and Services.” Recycling. The series of activities by which discarded materials that would otherwise remain wastes are collected, separated, or processed and used to make new products.

Recycling Facilities (Land Use). This land use type includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

Donation boxes. A bin, storage shed, or similar facility established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non-profit organization. See Section 17.430.160 (Donation Boxes).

Collection Facility (Large). A facility that occupies an area of more than 350 square feet or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

Collection Facility (Small). A facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
a. A mobile unit;
b. Reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
c. Kiosk-type units that may include permanent structures.

Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.

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Packet Pg. 1818 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2406 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 65 Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet.

Recycling—Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light processing facilities for recycling (see Recycling Facility – Processing Facility”). Does not include places where these activities are conducted entirely within buildings; pawnshops and other secondhand stores (“Secondhand Stores/Pawnshops”); the sale of operative used cars (“Vehicle Rentals, Sales, and Services”); or landfills or other waste disposal sites.

Repair Service - Equipment, Large Appliances, etc. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance (see "Vehicle Rentals, Sales, and Services"); the repair of small home appliances and electronic equipment (see "Personal Services"); maintenance and repair activities that occur on the client's site, or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to on-site sales.

Research and Development (R&D) (Land Use). Facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical, computer, and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Business Support Services”) or medical laboratories (see “Medical Services – Clinic, Laboratory, and Urgent Care”).

Residential Care Facility for the Elderly. See “Community Care Facilities.” Restaurant. See “Food Service Establishment.”

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Packet Pg. 1819 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2407 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 66 Retail Sales (Land Use). Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods.

Accessory. See “Nonresidential Accessory Structures and Uses.” Gun Shops. Retail establishments which primarily engage in the sale of guns or ammunitions. Does not include sporting good stores or other stores where the sale of guns and ammunitions does not exceed 50% of gross sales.

General Merchandise. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public for profit. Does not include adult-oriented businesses (see “Adult-Oriented Businesses”); Cannabis Related Businesses (see “Cannabis”); secondhand stores (see “Secondhand Stores”); or standalone tobacco stores (see “Tobacco Stores”).

Second Hand Stores (Land Use). Retail establishments that buy and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects; includes indoor flea markets. Does not include bookstores (“Retail Stores”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales”); junk dealers, or scrap/dismantling yards (“Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Retail Stores"); the sale of motor vehicles and other used vehicles ("Vehicle Sales and Leasing").

Rideshare. A transportation program consisting of carpools and vanpools that enable groups of people to share vehicles to achieve savings in fuel and vehicle operating costs.

Right-of-Entry. See Section 17.660.120 (Covenants of Easements).

Room and Board. See “Congregate Living Facility.”

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Packet Pg. 1820 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2408 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 67

17.800.200 – Definitions, "S"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Satellite Dish Antenna/Antenna. See “Antenna.”
Schools. See “Educational Facilities.”
Second Dwelling Unit. See “Accessory Dwelling Unit.”
Senior Residential Projects (Land Use). Dwellings designed for persons at least 62 years of age, or a person at least 55 years of age who meets the qualifications found in Civil Code Section

51.3. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include extended care facilities such as convalescent homes or skilled nursing facilities (“Medical Services - Extended Care”); assisted living facilities or senior care facilities (“Residential Care Facilities”).

Service Station. See “Vehicle Services – Service Stations.” Setback. The distance by which a structure, parking area, or other development feature shall be separated from a lot line, other structure or development feature, street centerline, or easement.

See Figure 8-10 (Setbacks). See also “Yard.”
Figure 8-10
Setbacks

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Packet Pg. 1821 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2409 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 68 Setback Area. An area within a parcel that is established for the purpose of governing the location of structures on the parcel. A setback area is an open space area located between a lot line and the nearest relevant parallel setback line, unobstructed and unoccupied from the ground upward except as allowed in Section 17.305.120 (Setback Regulations and Exceptions).

See also “Yard.”
Front setback area. An area extending across the full width of the parcel between the front lot line and the required front setback line.

Rear setback area. An area extending across the full width of the parcel between a rear lot line and the required rear setback line.

Side setback area. An area extending from the front setback line to the rear lot line between the nearest side lot line and the required side setback line.

Setback Line. A line delineating the minimum required distance between the lot line and a structure on the same parcel.

Shopping Center. A group of multi-tenant architecturally unified commercial retail establishments built on a parcel that is planned, developed, and managed as a single operating unit.

Neighborhood Shopping Center (Up to 50,000 square feet). Provides for the sale of convenience goods (food, drugs, and sundries) and personal services (laundry and dry cleaning, barbering, shoe repairing, etc.) for the day-to-day living needs of the immediate neighborhood with a supermarket being the principal tenant.

Community Shopping Center (50,001 - 150,000 square feet). In addition to providing for the sale of convenience goods and personal services, this intermediate type of center provides for the sale of soft lines (apparel) and hard lines (hardware, appliances, etc.), with two or more anchor tenants (i.e., a junior department store, variety store, or discount department store as one anchor tenant, in addition to a supermarket).

Regional Shopping Center (150,001 square feet and over). Provides shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety.

Short Term Rental. The rental of a dwelling unit or a portion thereof, or habitable accessory structure associated with a primary dwelling unit, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of fewer than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, or bed and breakfasts shall not be considered a short-term rental.

Signs. See Chapter 17.335 (Sign Standards).

Single-Family Dwelling. See “Dwellings.”

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Packet Pg. 1822 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2410 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 69 Single Room Occupancy (SRO) Facility. A facility with small furnished rooms and common facilities and services for laundry, cleaning, personal hygiene, and meals or with furnished studio-type apartment units that are each a minimum of 550 square feet in size. Rooms or units are intended to provide affordable private housing for lower- income individuals, seniors, and persons with disabilities and to serve as an entry point into the housing market for formerly homeless people.

Site Plan and Design Review. A type of discretionary permit that provides a process for the appropriate review of development projects (i.e., site layout and structural development), in compliance with Chapter 17.630 (Site Plan and Design Review).

Slope. Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent or ratio. See Section 17.305.070 (Hillside Development).

Solar Collector. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure’s energy supply.

Solar Energy System. Includes: (1) A design using natural and architectural features to cool or heat a structure, or (2) a mechanical assembly that may include a solar collector, storage facility, and any other components needed to cool or heat a structure.

South Coast Air Quality Management District (SCAQMD). SCAQMD is the air pollution control district for the area that includes the County of Riverside and portions of Los Angeles, Orange, and San Bernardino Counties. See also “Air Quality Management Plan (AQMP).” Specialty Food Store. See “Food and Beverage Sales.”
Specific Plan. A plan consisting of text, maps and other documents regulating development within a defined area, consistent with the General Plan and the Government Code. See Chapter

17.635 (Specific Plans).

Sphere of Influence. A sphere of influence is the probable ultimate physical boundary of a city as established by the Local Agency Formation Commission (LAFCO) in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.). A sphere of influence contains unincorporated County land that is located outside a city’s boundaries and that relates to the city’s planning efforts.

Stone and Cut Stone Products Manufacturing (Land Use). Manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished or finished monuments and tombstones.

Storage, Outdoor. See “Outdoor Display and Sales.”

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Packet Pg. 1823 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2411 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 70 Storage Facility, Personal (Land Use). A structure or group of structures where individual storage spaces are leased to individuals, organizations, or businesses for self-service storage of personal property, goods, and wares. Also known as mini–storage facilities.

Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling above.

Street. A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, not including freeways, providing any access to and egress from the property abutting thereon.

Street Frontage. The distance along which a property line of a lot adjoins a public or private street.

Structural Clay, Pottery, and Ceramic Products Manufacturing (Land Use). Manufacturing establishments producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, various ceramic and fine earthenware products, and porcelain electrical supplies and parts. Artist/craftsman uses are included in “Small Scale Manufacturing,” “Cottage Business,” or “Home Occupations.” Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structure, Accessory. See “Accessory Residential Structure.” Structure, Attached. A structure that has a wall or roof in common with another structure.

Structure, Detached. A structure that does not have a wall or roof in common with another structure.

Structure, Principal. A structure in which is conducted the principal use of the parcel or building site.

Structure Coverage. See “Coverage.”
Studio Apartment. A dwelling unit that has one combined living and sleeping room. May also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.

Studios for Art, Dance, Martial Arts, Music, etc. (Land Use). Small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space, for short periods of time. These include facilities for: individual and group instruction and training in the arts; karate/martial arts training studios; photography and the processing of photographs produced only by users of the studio facilities; production studios for individual filmmakers,

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Packet Pg. 1824 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2412 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 71 musicians, painters, sculptors, photographers, and other artists; gymnastics instruction, and aerobics and gymnastics studios with minimal fitness equipment (e.g., floor pads, small free weights, etc.). These uses may also include accessory retail sales of products related to the services provided. Larger facilities are included under the definition of "Education Institutions, Private and Public."
Supermarket. See “Food and Beverage Sales.”
Supportive Housing. As defined in Health and Safety Code Section 50801(e), housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing; improving his or her health status; and maximizing his or her ability to live and, when possible, work in the community.

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Packet Pg. 1825 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2413 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 72

17.800.210 – Definitions, "T"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Tattoo Parlor / Body Piercing Studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See “Personal Services – Restricted.” Tattooing Any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to contact or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.

Telecommuting. An employee foregoes a trip to the normal work site and instead works from home or from a satellite office near home.

Temporary Structure. A structure without any permanent foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary Use (Land Use). A use established for a limited period of time, typically less than 12 months, with the intent to discontinue the use at the end of the time period. Examples of temporary uses include: art shows, car washes, charitable functions, seasonal sales lots. See Chapter 17.640 (Temporary Use Permits).

Temporary Use Permit. A type of discretionary permit that, if approved, would allow a use to occupy a site for a limited period of time, typically less than 12 months, in compliance with Chapter 17.640 (Temporary Use Permits).

Textile and Leather Product Manufacturing (Land Use). Manufacturing establishments engaged in performing any of the following operations:
 coating, waterproofing, or otherwise treating fabric
 dyeing and finishing fiber, yarn, fabric, and knit apparel  manufacture of knit apparel and other finished products from yarn  manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles  manufacture of shoes

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Packet Pg. 1826 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2414 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 73  manufacture of woven fabric, carpets and rugs from yarn  preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage
 upholstery manufacturing
Theater (Land Use). An indoor facility for group entertainment, other than sporting events.

Examples of these facilities include:
 civic theaters, and facilities for "live" theater and concerts  movie theaters
Townhouse. A structure designed for or used exclusively for residential purposes of one family. The structure is attached to similar structures forming groups of four but typically not more than eight dwellings in a linear arrangement and separated vertically by party walls. Each dwelling unit has a totally exposed front and rear wall to be used for direct ground-level access to the outdoors.

Traffic Visibility Area. An area of unobstructed vision at street corners, street and driveway corners, or street and alley corners to provide for pedestrian and traffic safety. See Section

17.305.150 (Traffic Visibility Area).

Transfer of Development Rights (TDR). See Chapter 17.645 (Transfer of Development Rights).

Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights.

Receiver site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights.

Transit Stop Shelter (Land Use). A small-scale covered waiting area for people waiting for buses and taxis.

Transitional Housing. As defined in Health and Safety Code Section 50801(i), Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. May include self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing.

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Packet Pg. 1827 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2415 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 74 Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number of carpools, vanpools, buses and trains, walking, and biking.

Transportation Service Dispatch Facility (Land Use). A base facility where taxis or limousines are stored until dispatched, or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include dispatch services that have no on-site vehicle storage, which are instead included under "Office - Professional/ Administrative." Does not include facilities for the repair of vehicles.

Triplex. See “Dwelling, Multi-Family.”
Truck and Freight Terminals (Land Use). Transportation establishments furnishing services incidental to air, motor freight, and rail transportation. Accessory uses may include restrooms, showers, restaurants, computer and phone rooms, recreation rooms, etc.). Does not include Vehicle Storage (Land Use). Examples of this land use includes:
 freight forwarding services
 freight terminal facilities
 joint terminal and service facilities
 packing, crating, inspection and
weighing services
 postal service bulk mailing
distribution centers
 transportation arrangement services
 trucking facilities, including transfer
and storage
Truck Sales. See “Construction, Farm, and Heavy Equipment Sales.”

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Packet Pg. 1828 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2416 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 75

17.800.220 – Definitions, "U"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Use. The purpose for which land or a structure is arranged, designed or intended, or for which either land or structure is or may be occupied or maintained.

Accessory Use. A use incidental to, and customarily associated with, a specific principal use, located on the same parcel.

Allowed Use. A use that may be located, maintained, or operated subject to a planning permit identified as a requirement in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards).

Principal Use. The primary or predominant use of any parcel or structure.

Utility Facility (Land Use). A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from planning permit requirements by Government Code Section 53091:
 electrical substations and switching stations
 natural gas regulating and distribution facilities
 public water system wells, treatment plants and storage tanks  telephone switching facilities
 wastewater treatment plants, settling ponds and disposal fields Utility Infrastructure (Land Use). Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include "Utility Facility."

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Packet Pg. 1829 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2417 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 76

17.800.230 – Definitions, "V"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Variance. A discretionary entitlement that, if approved, allows the waiver or relaxation of specified development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).

Vehicle. Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.

Vehicle, Commercial. Any vehicle larger than a pickup truck, includes semi-trucks and trailers, delivery vans. Does not include recreational vehicles regardless of gross vehicle weight rating (see “Recreational Vehicle”).

Vehicle Miles Traveled (VMT). The measurement of the total miles traveled by all motor vehicles in a specified area during a specified time. One vehicle traveling one mile constitutes one vehicle-mile. VMT helps analysts determine road construction and maintenance needs, predict future surface demands, and estimate environmental costs.

Vehicle Rentals, Sales, and Services (Land Use).

Construction, Farm, and Heavy Equipment Sales and Rentals (Land Use). Retail establishments selling or renting construction, farm, or other heavy equipment.

Examples include cranes, earth-moving equipment, tractors, combines, heavy-duty trucks, etc. See also “Vehicle Rentals, Sales, and Services.” Heavy-Duty Truck. Any vehicle exceeding a gross vehicle weight rating of 18,500 pounds or any truck-tractor or semi-trailer.

Semi-Trailer. A trailer used in conjunction with a truck-tractor and designed so that a considerable part of its own weight or that of its load rests upon and is carried or drawn by the truck-tractor.

Truck-Tractor. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

Mobile Home, Boat, or Recreational Vehicle (RV) Sales. The retail sale of mobile homes, or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, motor homes, recreational vehicles, and travel

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Packet Pg. 1830 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2418 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 77 trailers. Does not include the sale of automobiles (see “Vehicle Sales”) or commercial vehicles or heavy trucks (see “Construction, Farm, and Heavy Equipment”).

Vehicle Parts and Supplies Sales (Land Use). The retail sale of new vehicle or motorcycle parts, tires, and accessories within an enclosed structure. Does not include establishments that provide installation and repair services (see "Vehicle Services – Minor Maintenance/Repair" and “Vehicle Services - Major Repair/Body Work”); or businesses dealing exclusively in used parts (see "Recycling - Scrap and Dismantling Yards”).

Vehicle Rentals (Land Use). A retail or wholesale establishment renting automobiles, light duty trucks, and motorcycles.

Office Only. An office that arranges the rental of automobiles, light duty trucks, motorcycles, and vans with no on-site storage or incidental maintenance of vehicles.

General. Rental of automobiles, light duty trucks, motorcycles, and vans, including onsite storage and incidental maintenance that does not require pneumatic lifts.

Vehicle Sales (Land Use). Establishments selling or leasing automobiles, motorcycles, golf carts, light duty trucks, and vans. May also include vehicle rentals, repair shops, and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Vehicle Parts and Supplies Sales”); bicycle and moped sales (see “Retail Stores”); tire recapping establishments (see “Major Repair/Body Work”); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales"); businesses dealing exclusively in used parts (see “Recycling - Scrap and Dismantling Yards”); commercial vehicle and heavy duty truck sales (see “Construction, Farm, and Heavy Equipment Sales”); or gas/fuel stations (see “Vehicle Services - Service Stations”).

Vehicle Services (Land Use). The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, light duty trucks, recreational vehicles, boats, golf carts, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:

Car Washing. A commercial facility for washing automobiles, light duty trucks, and vans where facility employees wash or dry the vehicles; the customer washes the vehicle using on-site equipment, or drives through an automated car washing and drying facility; or the customer washes the vehicle using on-site equipment.

Minor Maintenance/Repair/Installation. Minor repair of golf carts, automobiles, motorcycles, recreational vehicles, or light duty trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and lube shops; tire and battery sales and installation (not including recapping); and

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Packet Pg. 1831 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2419 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 78 wheel alignment and balancing. Does not include any type of car washing service (“Car Washing”).

Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; tire sales and installation shops; towing services; transmission shops; and salvage tire recapping. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”).

Service Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual vehicles. May include incidental "minor" maintenance and repair of automobiles and light duty trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). May also include a convenience store operated by the service station owner (see “Convenience Store”).

Towing and Storage. An establishment that dispatches tow trucks and that may include the temporary outdoor storage of wrecked and other inoperable vehicles. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”) or storage of operative vehicles (see “Vehicle Storage”).

Vehicle Storage (Land Use). A facility for the storage of operative automobiles and other fleet vehicles, trucks, buses, recreational vehicles, truck-tractors, semi-trailers, and other motor vehicles. Includes facilities for the storage or servicing of fleet vehicles. Also includes temporary outdoor storage for passenger vehicles that are impounded and are to be claimed by titleholders or their agents. Does not include commercial parking lots (see “Parking Facilities” or vehicle dismantling (see "Recycling - Scrap and Dismantling Yards").

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Packet Pg. 1832 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2420 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 79

17.800.240 – Definitions, "W"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Wall. See “Fence.”
Warehouses, Wholesaling, and Distribution (Land Use). These facilities include:

Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or personal, self, or mini-storage facilities offered for rent or lease to the general public (see “Storage Facility, Personal”); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and Distribution”); or terminal facilities for handling freight (see “Truck and Freight Terminals”).

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes the following establishments:
 agents, merchandise or commodity brokers, and commission merchants  assemblers, buyers and associations engaged in the cooperative marketing of farm products
 merchant wholesalers
 stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments.

Wind Energy Conversion System (WECS)/Windmill. See “Alternative Energy.” Wireless Telecommunications Carrier. Every person that directly or indirectly owns, controls, operates, or manages plant, equipment, or property within the City, used or to be used for the purpose of offering wireless telecommunications service.

Wireless Telecommunications Facilities (Land Use). The structure, equipment, and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, antenna support structures, building attached facilities, associated support structures, electronics, and other

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Packet Pg. 1833 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2421 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 80 appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireless telecommunications services.

Wireless Telecommunications Provider. Every person who provides wireless telecommunications services over wireless telecommunications facilities without any ownership or management control of the facilities.

Wireless Telecommunications Services. The providing or offering for rent, sale, lease, or in exchange for other value received, directly to the public, or to classes of users as to be effectively available directly to the public, the transmission between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent or received by way, without limitation, of voice, data, image, graphic, and video programming information, regardless of the facilities used and with or without benefit of any closed transmission medium, by persons, such as, but not limited to, cellular services; paging; personal telecommunications services; other commercial, private, and public safety radio services; commercial mobile services; and common carrier wireless exchange access services, as either defined or amended by competent authority and modified by the City of San Jacinto.

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Packet Pg. 1834 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2422 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 81

17.800.250 – Definitions, "X"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Xeriscape. Landscaping designed to reduce or eliminate the need for irrigation through the use of low water use or drought tolerant plants.

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Packet Pg. 1835 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2423 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 82

17.800.260 – Definitions, "Y"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Yard. The area between a lot line and the side of a principal structure. An area of a yard may be smaller (if a nonconforming lot), the same, or larger in size than a required setback area. See Figure 8-11 (Yards). See also “Setback.”
Figure 8-11
Yards

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Packet Pg. 1836 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2424 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 83

17.800.270 – Definitions, "Z"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Zero-Lot Line. The location of a structure on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).

Zero-Lot Line Development. Any subdivision or site plan in which any structure is sited on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).

Figure 8-12
Zero Lot Line Development
Zone. The Zone applied to a site by the Zoning Map, to which an overlay Zone my also be applied subject to overlay Zone location regulations.

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Packet Pg. 1837 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2425 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 1 A-2
Article 9
State-Mandated Procedures
Table of Contents
Chapter 17.900 – General ........................................................................................................... 2

17.900.010 — Purpose............................................................................................................ 2

17.900.020 — Applicability ................................................................................................... 2

17.900.030 — Definitions....................................................................................................... 2

17.900.040 — Approval Authority....................................................................................... 3 Chapter 17.905 – SB 9 – Urban Lot Splits................................................................................ 5

17.905.010 — Applicants; Approval Authority ................................................................. 5

17.905.020 — Development and Subdivision Standards.................................................. 6

17.905.030 — Grounds for Denial ........................................................................................ 7

17.905.040 — Standards Specific to Urban Lot Splits ..................................................... 10

17.905.050 — Separate Conveyance................................................................................... 12

17.905.060 — Restriction of Uses ....................................................................................... 12

17.905.070 — Deed Restriction ........................................................................................... 13

17.905.080 — Review for Parcel Merger or Reversion to Acreage................................ 14 Chapter 17.905 – SB 9 – Two-Unit Projects........................................................................... 15

17.910.010 — Applicants; Approving Authority............................................................. 15

17.910.020 — Objective Development Standards ............................................................ 16

17.910.030 — Grounds for Denial ...................................................................................... 16

17.910.040 — Standards Specific to Two-Unit Projects .................................................. 18

17.910.050 — Separate Conveyance................................................................................... 20

17.910.060 — Restriction of Uses ....................................................................................... 21

17.910.070 — Deed Restriction ........................................................................................... 21

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Packet Pg. 1838 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2426 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 2 A-2
Chapter 17.900 – General
Sections:

17.900.010 — Purpose

17.100.020 — Adoption

17.900.020 — Applicability

17.900.030 — Definitions

17.900.040 — Approval Authority

17.900.010 — Purpose
The purpose of this Article is to implement the provisions of Senate Bill 9 and any other land use procedure that state law mandates on the City but that would otherwise be inconsistent with the City’s land use and development policies, procedures or regulations. The purpose of this Article is to implement all City land use and development policies, procedures or regulations to the maximum extent allowed under state law.

17.900.020 — Applicability
This Chapter shall only apply to the extent that the City is required to ministerially approve applications for development actions under state law provisions. This Article shall not be construed to allow any greater rights to approval of a development application than the City is required to grant under state law. To the extent any statemandated procedure in this Article is repealed, determined to be unlawful or is otherwise not mandatory upon the City, then this Article shall not allow for approval of any such applications. This provisions of this Article shall continue to apply to any development applications previously approved hereunder.

Specifically, this Article shall apply to:

A. Urban lot splits under Government Code section 66411.7.

B. Two unit projects under Government Code section 65852.21.

17.900.030 — Definitions
Terms defined in Chapter 17.800 of this Development Code shall have the same meanings in this Article. The following terms used in this Article shall be defined as follows:

A. “Individual property owner” means a natural person holding fee title individually

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Packet Pg. 1839 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2427 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 3 A-2
or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code section 214.15).

B. “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan, as implemented by City Council through Resolution No. 2479 and all related actions and obligations incorporated thereunder.

C. “MSHCP Area” means the land that is identified by the MSHCP for conservation, including reserve assembly, has the potential for on-site biological resources outlined in the MSHCP, or is subject a HANS or JPR process. Terms used in this paragraph shall have the meanings utilized by the Western Riverside County Regional Conservation Authority in its implementation of the MSHCP.

D. “Specific adverse impact” has the same meaning as in Government Code section 65589.5(d)(2), which is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

E. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

F. “Urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of Government Code section 66411.7 and this Chapter pursuant to a ministerial approval process.

17.900.040 — Approval Authority
A. Director. The Director shall have authority to approve or deny all applications that are subject to ministerial approval in accordance with this Article.

B. Appeal. The applicant may appeal a decision of the Director under this Article in accordance with Chapter 17.715. Review on appeal shall be ministerial and shall

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Packet Pg. 1840 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2428 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 4 A-2
be limited to a determination as to whether the application meets all requirements for approval. The applicant shall have the burden of showing in all respects that the City must ministerially approve the application as presented.

1. Specific Adverse Impacts. If the applicant contends that specific adverse impacts of the proposed project can be satisfactorily mitigated or avoided, then the appeal must set forth in detail how the applicant will mitigate or avoid such specific adverse impacts. If the applicant contends that there are no specific adverse impacts, the applicant shall submit all information to rebut the Director’s finding with the appeal.

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Packet Pg. 1841 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2429 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 5 A-2
Chapter 17.905 – SB 9 – Urban Lot Splits
Sections:

17.905.010 — Applicants; Approval Authority

17.905.020 — Development and Subdivision Standards

17.905.030 — Grounds for Denial

17.905.040 — Standards Specific to Urban Lot Splits

17.905.050 — Separate Conveyance

17.905.060 — Restriction of Uses

17.905.070 — Deed Restriction

17.905.080 — Review for Parcel Merger or Reversion to Acreage

17.905.010 — Applicants; Approval Authority
A. Owners/Lienholders. Only individual property owners may apply for an urban lot split. Any person with a security interest in, or other senior lien against, the lot to be split as an urban lot split must consent and subordinate to recordation of the restrictions resulting from the urban lot split against the title of the property.

B. Application. An application for an urban lot split must be submitted on a form approved by the Director and shall contain all information that the Director requires. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:

1. Evidence that the applicant is an individual property owner of the lot to be split.

2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.

3. A signed affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

4. A signed affidavit indicating that the applicant acknowledges and agrees that each lot created by the urban lot split will be used for residential purposes only and that the applicant intends to use the lots for that purpose.

5. A signed affidavit stating that there are no conditions, covenants or restrictions on the property that prohibit subdivision of the property, and

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Packet Pg. 1842 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2430 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 6 A-2
if requested by city, any supporting documentation showing that there are no such conditions, covenants or restrictions on the property.

6. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.

7. Proof that none of the circumstances set forth in section 17.905.030(F) (Prior Urban Lot Split) are present.

8. Proof that none of the circumstances set forth in section 17.905.030(E) (Historic Properties and Districts) and section 17.905.030(G) (Impact on Protected Housing) are present.

9. Proof of any inspections required under section 17.905.030(D).

10. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.

C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In absence of an established fee that is specific to an urban lot split, an applicant shall pay all fees related to processing a parcel map. The fee may be in the form of a deposit for the City’s actual costs incurred.

17.905.020 — Development and Subdivision Standards
A. Objective Development Standards. An urban lot split, and any development of a parcel created from an urban lot split, shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other City requirements that are not in conflict with Government Code section 66411.7.

B. Subdivision Standards. Except as otherwise expressly provided in this Chapter, an urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code section 66410 et. seq.) and Title 16 of the San Jacinto Municipal Code. The Director shall be the approval authority for both the tentative and final map.

1. Exception. No dedication of rights-of-way or construction of offsite improvements shall be required for an urban lot split. This exception shall

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Packet Pg. 1843 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2431 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 7 A-2
only apply to the extent that Government Code section 66411.7 precludes the city from requiring dedications of rights-of-way or construction of offsite improvements. This section shall not preclude denial of an urban lot split if the project would have a specific adverse impact on either public health and safety or on the physical environment unless the applicant dedicates rights-of-way or constructs offsite improvements.

17.905.030 — Grounds for Denial
The Director shall deny an application for an urban lot split if any of the following are true:

A. Development and Subdivision Standards. The lot to be split does not satisfy the requirements of 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision Standards17.905.020 — Development and Subdivision Standards, or 17.905.040 — Standards Specific to Urban Lot Splits17.905.040 — Standards Specific to Urban Lot Splits).

B. Zone. The lot to be split is not zoned for single family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.

C. Statutory Exemptions. The lot to be split does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section 66411.7(a)(3)(C).)

1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.

D. Inspection.

1. Very High Fire Hazard Severity Zone. For lots within a very high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance all existing fire and building code standards.

2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s

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Packet Pg. 1844 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2432 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 8 A-2
building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.

E. Historic Properties and Districts. The lot to be split is a historic property or within a historic district that is included on the State Historic Resources Inventory or the lot to be split is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.

F. Prior Urban Lot Split. The lot to be split was established through a prior urban lot split, or the lot to be split is adjacent to a lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

G. Impact on Protected Housing. The urban lot split requires or includes the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three years.

H. Lot Size.

1. The lot to be split is smaller than 2,400 square feet.

2. Either resulting lot is less than 1,200 square feet.

3. Either resulting lot is more than 60 percent or less than 40 percent of the original lot area.

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Packet Pg. 1845 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2433 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 9 A-2
I. Unit Count. Either or both of the resulting lots will have more than two units. For purposes of this section, a “unit” is any type of dwelling, including but not limited to an ADU or JADU, except to the extent such definition is determined to be inconsistent with Government Code section 66411.7.

J. Easements. The applicant does not convey all easements required for the provision of public services and facilities.

K. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

1. A specific adverse impact includes, but is not limited to, the following:
a. The subdivision or development within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP. b. Any lot split which results in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.

2. Because Government Code section 66411.7 precludes the City from requiring any dedication of rights-of-way or construction of offsite improvements, the Director shall deny any application where either dedication of rights-of-way and/or construction of offsite improvements is necessary to satisfactorily mitigate a specific adverse impact, including but not limited to where a subdivision or development of property would otherwise require a dedication for sidewalk, parkways, curbs, gutters, street and road improvements or other traffic improvements.

3. The City Council may establish additional guidelines that set forth circumstances where a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings,

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Packet Pg. 1846 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2434 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 10 A-2
based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

L. Not Feasible For Residential Use. If either resulting lot is not feasible for residential use.

M. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 66411.7, initiative or referendum, court decision or any circumstance in which section 66411.7 does not obligate the ministerial approval of an urban lot split, or if for any reason the Director is not required to ministerially approve an urban lot split.

17.905.040 — Standards Specific to Urban Lot Splits
A. Applicability. The following development standards shall apply to urban lot splits subject to approval under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.905.

B. Lot Access. Each resulting lot must have direct access to the public right-of-way, which shall be shown on the tentative and final map.

C. Unit Quantity. No more than two units of any kind are permitted on any lot created by an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Chapter 17.910 (SB 9 Two-Unit Projects), an ADU or a JADU.

D. Unit Size. Notwithstanding any other provisions of the Development Code, a unit other than an ADU or JADU on any lot resulting from an urban lot split shall be limited as follows:

1. The total floor area of each residential unit developed on a lot to be split must be less than or equal to 800 square feet and more than 500 square feet.

2. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet in floor area is limited to the lawful

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Packet Pg. 1847 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2435 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 11 A-2
floor area and structural footprint at the time of the urban lot split. It may not be expanded.

3. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after the urban lot split.

E. Setbacks.

1. Subject to subsections (2) and (3) below, development on either or both of the resulting lots does must comply with all standard setbacks for its location.

2. Only to the extent necessary to avoid a conflict with Government Code section 66411.7, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of two units of up to 800 square feet on a resulting parcel, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.

F. Parking. Subject to Government Code section 66411.7(e)(3)(A)-(B), each new primary dwelling unit that is built on a lot after the urban lot split must provide at least one off-street parking space per unit. This section does not preclude an applicant from complying with the City’s standard parking requirements.

G. Utilities. Each dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

1. For each dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

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Packet Pg. 1848 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2436 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 12 A-2
This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or where the property is required to connect to sewer.

17.905.050 — Separate Conveyance
A. Within Resulting Lots. Within a resulting lot:

1. Dwelling units on a single lot that is created by an urban lot split may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

3. All fee interest in a lot must be held equally and undivided by all individual property owners.

B. Between Resulting Lots. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate conditions, covenant, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots.

17.905.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on any lot created by an urban lot split.

B. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

C. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

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Packet Pg. 1849 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2437 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 13 A-2

17.905.070 — Deed Restriction
A. Required Provisions. An urban lot split shall not become effective unless the owner records a deed restriction with senior-lien priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from an urban lot split and does each of the following:

1. Gives notice that the parcel was created through an urban lot split.

2. Gives notice of any site limitations resulting from the urban lot split, including but not limited to the size of units on the parcel and the allowable uses for the parcel.

3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.

4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

5. Expressly prohibits any non-residential use of the lots created by the urban lot split.

6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

7. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

B. Mortgagee Consent and Subordination.

1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.

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Packet Pg. 1850 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2438 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
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2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.

C. Recordation. The deed restriction and any subordination agreement shall be recorded concurrently with the final map. Submitting a final map for approval shall be deemed to be the applicant’s consent to the City to record the deed restriction with the final map.

D. Building Permit. The Director shall not issue a building permit for development on any lot created through an urban lot split unless the applicant provides a recorded copy of a deed restriction and any applicable subordination agreement that satisfies the provisions set forth in subsections (A) – (C) above.

17.905.080 — Review for Parcel Merger or Reversion to Acreage A. Grounds. For any lot created by an urban lot split, the City Council may initiate proceedings to effectuate a reversion to acreage or a lot merger in accordance with the Subdivision Map Act and any applicable City procedures. City staff shall review whether a reversion to acreage or parcel merger is warranted if any of the following have occurred:
a. If more than one year has elapsed since the lot was created and a building permit for residential development thereon has not been issued; b. The holder of a building permit does not commence construction within 18 months of the date the permit was issued; or
c. The lot is otherwise subject to a reversion to acreage or a lot merger.

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Packet Pg. 1851 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2439 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 15 A-2
Chapter 17.905 – SB 9 – Two-Unit Projects
Sections:

17.910.010 — Applicants; Approving Authority

17.910.020 — Objective Development Standards

17.910.030 — Grounds for Denial

17.910.040 — Standards Specific to Two-Unit Projects

17.910.050 — Separate Conveyance

17.910.060 — Restriction of Uses

17.910.070 — Deed Restriction

17.910.010 — Applicants; Approving Authority
A. Owners/Lienholders. Only individual property owners may apply for a twounit project. Any person with a security interest in, or other senior lien against, the lot to be developed with a two-unit project must consent and subordinate to recordation of the restrictions resulting from the two-unit project against the title of the property.

B. Application. An application for a two-unit project must be submitted on the City’s approved form. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:

1. Evidence that the applicant is an individual property owner.

2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.

3. Proof that none of the circumstances set forth in section 17.910.030(F) (Historic Properties and Districts) and section 17.910.030(G) (Impact on Protected Housing) are present.

4. A signed affidavit indicating that the applicant acknowledges and agrees that the lot will be used for residential purposes only.

5. Proof of any inspections required under section 17.910.030(M.1).

6. Proof that the requirements of section 17.910.040(E) (Demo Cap) are satisfied.

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Packet Pg. 1852 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2440 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
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7. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.

8. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.

C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In the absence of a fee specific to two-unit projects, the applicant shall pay the fee related to site plan review. The fee may be in the form of a deposit for the City’s actual costs incurred. Nothing in this section shall limit the requirements to pay any other City fees, including building permit processing fees.

17.910.020 — Objective Development Standards
A two-unit project shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other requirements that are not in conflict with Government Code section 65852.21.

17.910.030 — Grounds for Denial
The Director shall deny an application for a two-unit project if any of the following are true:

A. Development Standards. The two-unit project does not satisfy the requirements of 17.910.020 — Objective Development Standards17.910.020 — Objective Development Standards) or 17.910.040 — Standards Specific to Two-Unit Projects17.910.040 — Standards Specific to Two-Unit Projects).

B. Lawful Subdivision. The lot was not legally subdivided.

C. Zone. The lot is not zoned for single-family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.

D. Statutory Exemptions. The lot does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section

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Packet Pg. 1853 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2441 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 17 A-2
66411.7(a)(3)(C).)

1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.

E. Inspection.

1. Very High Fire Hazard Severity Zone. For lots within a high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with all existing fire and building code standards.

2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.

F. Historic Properties and Districts. The lot is a historic property or within a historic district that is included on the State Historic Resources Inventory or is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.

G. Impact on Protected Housing. The two-unit project requires or includes the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three years.

H. Unit Count. The applicant proposes to construct more than two units, to add a unit to a lot that already contains two or more units, to add two or more units to a

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Packet Pg. 1854 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2442 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 18 A-2
lot with at least one existing unit, or the lot violates section 17.910.040(B).

I. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

1. A specific adverse impact includes, but is not limited to, the following:
a. The lot is within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP.
b. The two-unit project would result in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.

2. The City Council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

J. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 65852.21, initiative or referendum, court decision or any circumstance in which section 65852.21 does not obligate the ministerial approval of a two-unit project, or if for any reason the Director is not required to ministerially approve a two-unit project.

17.910.040 — Standards Specific to Two-Unit Projects
A. Applicability. The following development standards shall apply to two-unit projects approved under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.910.

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Packet Pg. 1855 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2443 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 19 A-2
B. No Multifamily Dwellings. A two-unit project shall not result in the creation of a multifamily dwelling. “Multifamily dwelling” or “multifamily lot” means a property that has two (2) or more permitted attached dwellings on a single lot.

Two-unit projects shall only consist of two detached dwellings on a single lot.

C. Dedications/Offsite Improvements. The applicant shall dedicate right-of-way and impose offsite improvements as would be required for any subdivision dividing the property into two lots or as otherwise would be required under any City law, regulation or policy, including but not limited to the dedication of rightof-way for, and/or improvement of, sidewalks, curb, gutter, streets, or stormwater facilities.

D. Unit Size. A unit developed under this Chapter shall be limited as follows:

1. The total floor area of each unit that is developed under this Chapter must be: (1) less than or equal to 800 square feet and (2) more than 500 square feet.

2. A unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two-unit project. The unit may not be expanded.

3. A unit that was legally established prior to the two-unit project and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after or as part of the two-unit project.

E. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

F. Setbacks.

1. Subject to subsections (F.2) and (F.3) below, all setbacks must comply with the standard setbacks for its location.

2. Only to the extent necessary to comply with Government Code section 65852.21, no setback is required for an existing legally established structure

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Packet Pg. 1856 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2444 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 20 A-2
or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two units on the lot or that would result in a unit size of less than 800 square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet in floor area. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.

G. Parking. Subject to Government Code section 65852.21(c)(1)(A)-(B), each new primary dwelling unit must provide at least one off-street parking space per unit.

This section does not preclude an applicant from complying with the standard parking requirements of the Development Code.

H. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

I. Utilities. Each dwelling unit on the lot must have its own direct utility connection to the utility service provider.

1. Each dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or required.

17.910.050 — Separate Conveyance
A. Separate Ownership or Conveyance. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

B. Condominiums. Condominium airspace divisions and common interest developments are not permitted within the lot.

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Packet Pg. 1857 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2445 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 21 A-2
C. Fee Interests. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

17.910.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on the lot.

B. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

C. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

17.910.070 — Deed Restriction
A. Required Provisions. The owner must record a deed restriction with senior priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from the two-unit project and does each of the following:

1. Gives notice that the two-unit project was created pursuant to this Chapter.

2. Gives notice of any site limitations resulting from the two-unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.

3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.

4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

5. Expressly prohibits any non-residential use of the lot.

6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

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Packet Pg. 1858 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2446 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 22 A-2

7. Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

8. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

B. Mortgagee Consent and Subordination.

1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.

2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.

C. Building Permit. The Director shall not issue a building permit for any two-unit project unless the applicant provides a recorded copy of a deed restriction and applicable subordination agreement that satisfies the provisions set forth in subsections (A)-(B) above.

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Packet Pg. 1859 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CC Staff Report July 18, 2023

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Packet Pg. 2447 Attachment: City Coucil Staff Report July 18, 2023 (Second Reading/Adoption of Ordinance No. 23-08 for Development Code Update (P23-44)) August 1, 2023
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Award of Contract for On-Call Well Maintenance and Rehabilitation Services
RECOMMENDATION:
· AWARD a contract to Layne Christensen Company for on-call potable water well maintenance and repair services in the amount not-to-exceed one million dollars ($1,000,000.00).
· AUTHORIZE the City Manager to execute a Professional Services Agreement with Layne Christensen Company.
· APPROPRIATE $400,000 in Contract Services (050-9000-450.34-05), funded by Water Enterprise Reserves.

DISCUSSION:

Over the past several years, the City of San Jacinto has experienced a boom in Economic Development with significant new commercial and residential development causing a strain on the City’s existing, aging, water, wastewater, and stormwater infrastructure requiring significant improvement and investment.

In 2020, the City Council authorized a 10-year fiscal model to evaluate its financial stability and long-term solvency. The model showed that the City was operating toward a Structural Deficit and at risk of fiscal insolvency in the coming years. To combat the insolvency, the City Council authorized placement of Measure V, a one-cent sale tax initiative, on the November 2020 ballot.

Measure V funds were specifically intended to address the following community priority areas:
 Protecting Local Drinking Water
 Maintaining/Improving 911 emergency, medical and public safety response times  Increasing public safety to include a new fire engine/crew  Increasing the number of deputies on patrol
 Maintaining the long term financial stability of the City  Supporting local businesses and jobs
 Addressing homelessness
 Preparing for and recovering from public health emergencies

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Packet Pg. 2448
 Repairing streets, roads, and potholes
Measure V passed with significant community support and over 68% approval of registered voters. The number one priority for the Community was to protect local drinking water, with 89% of respondents stating that this issue was either exceptionally or very important to them.

The City currently operates three potable water well sites. These sites are the Lake Park well, Artesia well, and the Bath well. Additionally, in 2022, the City completed the drilling of an additional well, known as the New Grand well. This well is currently in the process of being equipped for production.

The average age of the equipment at each of these wells is over 20 years old, which is the upper limit for usable equipment lifespan. Ongoing preventative maintenance is required to extend and preserve the life of the mechanical and electrical components at these sites. To achieve a regular and predictable well maintenance schedule, staff has developed a preventative maintenance plan in fiscal year 2022-2023, which involves servicing all equipment at each site at least once every five years, at a minimum. Previously, no such plan existed and maintenance was performed on an as needed basis. The plan included the establishment of an equipment reserve account, which currently has a balance $1,490,000 dedicated to funding these costs.

The scope of work involved with preventative maintenance of well equipment is outside the expertise of City staff. Maintenance involves specialized tasks such as removing the well pump, videoing the well shaft, and rehabilitating and/or restoring pump and motor components.

Accordingly, the City sought the assistance of an outside specialist to perform these tasks on an “on-call” basis. The on-call contract will be for an initial three-year term with an option by the City to extend up to two additional years. The maximum amount of awarded work during this period is $1,000,000. Contract costs during fiscal year 2023-2024 are estimated at $400,000.

On June 6, 2023, the City issued a Request for Qualifications (RFQ) on PlanetBids seeking qualifications from firms specializing in well maintenance services. The RFQ closed on July 9, 2023, and the City received one submission from Layne Christensen Company (“Layne”). Staff reviewed this response and, based on the relevant qualifications, references, and project history, deemed the submission “responsive,” as Layne’s submission satisfied the minimum criteria set forth in the RFQ. Additionally, the City has previously utilized Layne for various equipmentrelated tasks and has found their work to be satisfactory and cost-effective.

Based on the evaluation of the responses received, staff recommends executing a Professional Services Agreement with Layne Christensen Company. Additionally, staff recommends appropriating $400,000 for estimated contract costs during fiscal year 2023-2024.

FISCAL IMPACT:

Funding for FY 2023-24 contract costs will come from the Water Enterprise Reserves Fund (Fund 52), in the amount of $400,000. The fund’s balance is currently $1,490,000. The cost of

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the contract is not to exceed one million dollars ($1,000,000) over the life of the contract.

Contract costs extending beyond FY 2023-24 will be appropriated as part of the annual budget process for the respective fiscal years. The Water Enterprise Fund is restricted to water-related operations, and expenditures have no impact on the General Fund.

ATTACHMENTS:

RFQ - Well Maintenance and Repair
RFQ Response - Layne Christensen Company
Professional Services Agreement - Layne Christensen

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Packet Pg. 2450

CITY OF SAN JACINTO REQUEST FOR
Qualifications for On-Call Potable Water
Well Maintenance and Rehabilitation
Services
Today’s Date: June 6, 2023
Closing Date and Time: July 2, 2023 (11:00 pm PST)
Submittal Location: PlanetBids Only
Contact Person: Mathew Osborn
Public Utilities Water
Superintendent
595 South San Jacinto Avenue
San Jacinto, CA 92583
(951) 487-7330
[email protected]

3.A.8.a
Packet Pg. 2451 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications

INTRODUCTION
The City of San Jacinto (City) seeks to pre-qualify well maintenance and repair firms (Firms) to augment staff in the maintenance and repair process of municipal water assets.

Over the past several years, the City of San Jacinto has experienced a boom in Economic Development with significant new commercial and residential development. The City’s water, wastewater, and storm water infrastructure is aging and in need of various improvements. The City is currently using funds provided by the American Rescue Plan Act of 2021 (ARPA) and Infrastructure Investment and Jobs Act of 2021 to fund multiple projects over the next 12 – 36 months. Firm(s) may be contracted to work specific and highly technical projects.

The City was founded in 1870 and incorporated in 1888, making San Jacinto one of the oldest incorporated cities in Riverside County. San Jacinto’s steady progress and growth after incorporation was based on an economic base of agriculture, lumber, and tourism. For more than 100 years the fertile valley has supported businesses and ranches with jobs, good resources, and bumper crops such as grains, apricots, peaches, walnuts, and citrus. In the early 1900s, the local hot springs and mild climate also attracted many visitors and new residents to the area. Over the years, the economic base has changed significantly as the City grew. The City saw a nearly 100% growth in population between 2000 and 2010.

The City has a population of 51,028 and is one of the fastest growing cities in Riverside County spurred primarily by the affordable housing prices, quality schools and new commercial development. Since 2016, over 1,000 new housing units have been constructed. Today, both commercial and residential development remains strong and the City continues to see extensive private investment in the City. In 2020, the City experienced over $43M in private investment. In 2021, the City recognized an additional $34M in private investment.

ABOUT THE CITY

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Packet Pg. 2452 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications The purpose of the RFQ is to identify firms for on-call potable water well maintenance and rehabilitation services. The City is anticipating a number of both routine and complex infrastructure projects, such as establishing an ongoing well inspection and maintenance program and rehabilitation of well sites and equipment.

The City currently operates four well sites and two potable water treatment facilities with a total treatment capacity of 7.5 MGD. With all wells operating at capacity, the production capability of the system is approximately 7,050 GPM. The City’s distribution system consists of approximately 4,500 service connections.

Qualified firms shall provide services on an “on-call” basis for projects to be determined during the term of the contract. The contract will be for a minimum 3- year term. The City will issue task orders for each project based upon the scope of services; qualifications, work schedule, and reasonableness of the fee. For task orders greater than $25,000 City will typically solicit proposals from 2 or more qualified Firms. The Firms shall coordinate with appropriate City staff and the City Engineer (Contracted) on projects, as assigned.

In general, the Firm shall perform services on an “on-call” basis for projects assigned by the City. If the Firm does not have the ability to self-perform all aspects of the scope of services, then the Firm shall subcontract for those services. The scope of work for any one project may involve all phases of project development and may include but is not limited to the following:

1. Pump Removal and Installation Services

2. Crane Operations

3. Field Services

4. Shop Labor

5. Miscellaneous (includes downhole video surveying, well casing integrity surveying, Flowmeter surveying)

PURPOSE

SCOPE OF SERVICES

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Packet Pg. 2453 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications To be considered, the Firm must demonstrate:
 Knowledge and experience with municipal water system operations, maintenance, and repair.
 Possession of a valid California C61/D21 contractor license. Additionally, a valid California “Class A” contractor license is preferred.

Firms are encouraged to promptly notify the City of any apparent major inconsistencies, problems, or ambiguities in this RFQ. Any requests for clarification or other questions concerning this RFQ must be submitted in writing via the electronic PlanetBids system on the Q&A tab by 11:00 PM on Sunday, June 18 2023. If the City finds it necessary to issue an addendum to this RFQ; prospective bidders registered on the City’s PlanetBids system will receive email notification of addendum.

Otherwise, answers to questions received will be posted on the City’s PlanetBids system by Wednesday, June 21, 2023.

Firms MUST register on the City’s Online Bidding System powered by PlanetBids at https://www.sanjacintoca.gov/government/bidsProposals to ensure that they receive any addendums to this RFQ.

Any Firm submitting a response to this RFQ shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding this RFQ. Any party attempting to influence or circumvent the RFQ, qualifications submittal, or review process may have their qualifications rejected for violating this provision of the RFQ.

MINIMUM QUALIFICATIONS

INQUIRIES

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Packet Pg. 2454 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications City Issuance of RFQ June 6, 2023
Deadline for submitting Questions June 18, 2023 (11:00 pm PST) RFQ Closing Date (Due Date) July 2, 2023 (11:00 pm PST) City Council On-Call List Approval July 18, 2023 (Tentative)

SUBMITTAL INSTRUCTIONS
The qualifications package shall consist of two parts: 1) Overview and Technical Qualifications, and 2) Billing Rates Sheet. All submittals must be made through PlanetBids. Mailed or delivered submittals will be rejected.

ALL QUALIFICATIONS MUST BE SUBMITTED NO LATER THAN 11:00 P.M.

Sunday, July 2, 2023
Responses must conform to the requirements of this RFQ. The City reserves the right to waive any irregularity in any proposal or reject any proposal which does not comply with this RFQ. Modifications to the RFQ, including, but not limited to the scope of work, can be made only by a written addendum issued by the City.

The qualifications package should be limited to 50 single-sided pages (not counting the table of contents, cover letter, or dividers). To maintain uniformity with all qualifications submitted, it is required that the Firm’s qualifications include the minimum information below:

1. Cover Letter - A brief cover letter summarizing key points of the Firm’s qualifications, the proposed areas of interest, and key individuals involved in the firm.

2. Brief Company Profile - General company information including the number of employees, location of company headquarters and branch offices, number of years in business and organization, disciplines, and staffing. Describe the general qualifications of the firm.

SELECTION TIMELINE

QUALIFICATIONS PACKAGE FORMAT

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Packet Pg. 2455 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications

3. Organization and Staffing - Provide resumes for all applicable key personnel identifying qualifications and experience in managing water infrastructure maintenance and repair projects. Provide an organizational chart depicting the relationship between the team members, as applicable.

4. Firm Qualifications - This section should be organized by service category. The information requested in this section must describe the qualifications of the firm and key staff performing projects preferably within the past seven (7) years in Riverside County/San Bernardino County to demonstrate competence to perform these services. Information shall include:
• Summarize the firm’s demonstrated capabilities, including length of time that your firm has provided the services being requested in this Request for Qualifications.
• The key personnel that have participated on named projects and their specific responsibilities and years of experience with respect to this scope of work.
• Provide at least three separate, preferably Riverside County/San Bernardino County public agency, references that have received similar services from your firm. The City reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
• Name of Project, preferably Riverside County/San Bernardino County Public Agency, Agency Primary Contact, email and telephone number
• Brief Project description (i.e. miles of street rehabilitation, construction cost, etc.).
• Start/Finish (Months & years).
• Provide a brief synopsis of the proposal summarizing the firm’s unique qualities and the overall benefit of the proposal for the City and your understanding of the scope of services.

5. Description and Approach - The qualifications should demonstrate the Firm’s knowledge of water production infrastructure and regulatory requirements, and outline the approach for delivering the services being requested.

6. Company Disclosure - All proposals must disclose any and all past or current business and personal relationships with any current San Jacinto elected official, appointed official, City employee, or family member of any current San Jacinto elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Firms.

7. Proposed Fee Schedule – Complete the Cost Proposal for all proposed services to be

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Packet Pg. 2456 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications provided for the City. Selected firms will be paid at the same rates outlined in their cost proposal. If you firm does not provide a service outlined in the Cost Proposal please leave blank or indicate “N/A”. The Cost Proposal template is attached to this RFQ as “Exhibit A”.

8. Sample Services Agreement - A sample of the City of San Jacinto Standard Agreement for Contractor Services is provided as Exhibit “B”. Please review this document carefully and note in your proposal any exceptions to the agreement. By requiring these requests up front, the City can evaluate all proposers on an equal footing. The City is not obligated to agree to any exceptions. Agreement terms will be finalized during negotiations with the recommended Firm.

Responses will be evaluated on the following criteria:

1. Responsiveness and compliance with the submittal instructions and requirements as stated herein. Proposals must meet all of the RFQ requirements necessary for the evaluation team to effectively conduct the evaluation.

2. Qualifications, background, and prior experience of the Firm in performing services for similar projects.

3. Past performance on contracts with business or government agencies in terms of quality of work and compliance with schedules. This will be evaluated based on a check of references.

4. Project Approach – The proposed project approach and services that the firm is capable of providing and how the firm’s approach meets the needs of the City.

5. Price Proposal. Price proposals will be opened and reviewed after the evaluation and scoring of the technical qualifications has been completed. Price proposals will be scored based on the most beneficial to the City.

Firms will be grouped into three categories: Most Qualified, Qualified, and NonResponsive. “Most Qualified” are Firm proposals that demonstrate the highest level of experience and ability to complete a wide range of projects. Most Qualified Firms will be given priority during the project solicitation process. “Qualified” are Firm proposals that demonstrate an acceptable level of experience and ability to complete a wide range of projects. Qualified Firms will be given second priority during the project solicitation process.

SELECTION CRITERIA

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Packet Pg. 2457 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications “Non-Responsive” are firm’s proposals that fail to (1) demonstrate the necessary experience or ability to provide Engineering Services to the City; (2) provide all necessary documents; (3) submit a response prior to the close of the RFQ; (4) are conflicted; or (5) are excluded from consideration for any other reason.

Based on the City’s need and development activity, successful firms may be invited to enter into a Professional Services Contract with the City. The on-call list will be maintained for a period of three (3) years with an option by the City to extend up to two (2) additional years. The maximum amount of awarded work for any one firm during this period is $1,000,000.

In submitting a Proposal, the Company agrees to enter into an Agreement with the City using the City’s Standard Agreement for Contractor Services, provided as Exhibit “B”. Please review this document carefully and note in your proposal any exceptions to the agreement. By requiring these requests up front, the City can evaluate all proposers on an equal footing. The City is not obligated to agree to any exceptions. Agreement terms will be finalized during negotiations with the recommended Firm.

In the event a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of San Jacinto’s Request for Qualifications
• Company’s Response to the Request for Qualifications
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:
• One (1) original of the Agreement in the form included herein, properly executed by the Company.
• Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the

CONTRACT DOCUMENTS

EXECUTION OF AGREEMENT

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Packet Pg. 2458 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) On-Call Well Maintenance Services Request for Qualifications Contract Documents shall be delivered by the following working day.

No Agreement shall be binding upon the City until all documents are fully executed by the Company and the City.

The City may elect to execute agreement electronically utilizing Docusign at its own discretion.

Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award.

The City retains the right to cancel this RFQ at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals.

The City requires firms doing business with it to obtain insurance, as outlined in the Standard Contract. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the project.

CANCELLATION

FAILURE TO EXECUTE THE AGREEMENT

INSURANCE REQUIREMENTS

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Packet Pg. 2459 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) EXHIBIT “A”

COST PROPOSAL

ON-CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
BIDDER NAME:______________________________________________________ Furnish all labor equipment, applicable taxes, and incidentals necessary for the accomplishment of the following specific work items, including HOUR (HR), EACH (EA), WEEK, or DAY, for the specific item.

The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.

The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor be provided regardless of the total number units and/or amount of labor required for added or deleted items of work.

A. PUMP REMOVAL AND INSTALLATION
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
A1 Mobilization and Demobilization. 1 LS $ $
A2 Pump Rig (Large). 1 HR $ $
A3 Pump Rig (Small). 1 HR $ $
A4 Development Rig. 1 HR $ $
A5 “A” Frame Pump Rig. 1 HR $ $
A6 Service Truck. 1 HR $ $
A7 Rig Operator. 1 HR $ $
A8 Operator’s Helper. 1 HR $ $
A9 Each Additional Employee. 1 HR $ $
A10 Pump inspection report. 1 EA $ $
B. CRANE

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Packet Pg. 2460 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
B1 5-ton Hydraulic Crane. 1 HR $ $
B2 8-ton Hydraulic Crane. 1 HR $ $
B3 10-ton Hydraulic Crane. 1 HR $ $
B4 17-ton Hydraulic Crane. 1 HR $ $
B5 30-ton Hydraulic Crane. 1 HR $ $
B6 40-ton Hydraulic Crane. 1 HR $ $
B7 50-ton Hydraulic Crane. 1 HR $ $
B8 Crane Operator. 1 HR $ $
B9 Operator’s Helper. 1 HR $ $
C. FIELD SERVICE
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
C1 Delivery Truck and One (1) Man. 1 HR $ $
C2 Service Truck and One (1) Man. 1 HR $ $
C3 Service Truck and Two (2) Men. 1 HR $ $
C4 Welding Truck and Two (2) Men. 1 HR $ $
C5 Combination Rig and Two (2) Men. 1 HR $ $
C6 Flatbed Truck and Driver. 1 HR $ $
C7 One (1) Pump Mechanic and Service Truck. 1 HR $ $
C8 One (1) Electrician and Service Truck. 1 HR $ $
C9 One (1) General Services Personnel and
Service Truck. 1 HR $ $

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Packet Pg. 2461 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) C10 Two (2) Man Pump Crew and Service Truck. 1 HR $ $
C11 Field Support (Operator). 1 HR $ $
C12 Field Support (Supervisor). 1 HR $ $
C13 Engine Operator. 1 HR $ $
C14 Backhoe. 1 DY $ $
C15 Forklift. 1 DY $ $
C16 Air Compressor (450 CFM and smaller) 1 DY $ $
C17 Air Compressor (450 CFM and larger) 1 DY $ $
C18 Water Truck. 1 DY $ $
C19 Chemical Mixing Tank (500 gallon). 1 DY $ $
C20 Chemical Mixing Tank (5,000 gallon). 1 DY $ $
C21 21,000-gallon Holding Tank. 1 WK $ $
C22 Temporary Conveyance Piping.
(assume 12” diam., and one week usage) 1 LF $ $
C23 Well Brush (nylon). 1 DY $ $
C24 Open-Ended Single-Swab Tool Assembly. 1 DY $ $
C25 Dual-Swab Tool Assembly. 1 DY $ $
C26 Test Pump and Motor (up to 1,000 gpm). 1 HR $ $
C27 Test Pump and Motor (up to 2,000 gpm). 1 HR $ $
C28 Test Pump and Motor (up to 3,000 gpm). 1 HR $ $
C29 Test Pump and Motor (up to 4,000 gpm). 1 HR $ $
C30 Initial Well Development (airlifting). 1 HR $ $

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Packet Pg. 2462 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) C31 Initial Well Development (pumping). 1 HR $ $
C30 Final Well Development
(pumping and surging). 1 HR $ $
C30 Aquifer Testing. 1 HR $ $
D. SHOP LABOR
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
D1 Shop Labor - Pump Mechanic. 1 HR $ $
D2 Shop Labor - Machinist. 1 HR $ $
D3 Shop Labor - Welder. 1 HR $ $
E. MISCELLANEOUS
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
E1 Downhole Dual-Cam Video Survey. 1 EA $ $
E2 Dynamic (i.e., pumping) Downhole Dual-Cam
Video Survey. 1 EA $ $
E3 EMT-24 Well Casing Structural Integrity
Survey. 1 EA $ $
E4 Flowmeter / Spinner Survey. 1 EA $ $
E5 Engineering and Hydrogeology Support. 1 HR $ $

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EXHIBIT "B'

CITY OF SAN JACINTO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional [INSERT TYPE] consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [INSERT TYPE] consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional [INSERT TYPE] consulting services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING

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SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

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3.2.5 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to

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provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0***] Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with

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such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of

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the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.11.3 Professional Liability. [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***] Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession.

Such insurance shall be in an amount not less than [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per claim, and shall be endorsed to include contractual liability.

3.2.11.4 Pollution Liability [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***] Pollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.11.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in

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connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.11.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.11.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall

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be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to

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reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. [INSERT "If" or "Since"] the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and [INSERT "If" or "Since"] the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of

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per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available

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to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public

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Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for

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compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF SAN JACINTO AND [***INSERT
NAME***]
CITY OF SAN JACINTO [*INSERT NAME OF CONSULTANT*]
[*INSERT NAME OF LEGAL ENTITY*]
By: ____________________________ By: ______________________________ [***INSERT NAME***] [***INSERT NAME***]
[***INSERT TITLE***] [***INSERT TITLE***]
Attest:

City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
[***INSERT SCOPE]

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Exhibit “A-I-1”
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]

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Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
[INSERT SCHEDULE]

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EXHIBIT "C"

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.]

3.A.8.a
Packet Pg. 2483 Attachment: RFQ - Well Maintenance and Repair (Award of Contract for On-Call Well Maintenance and Rehabilitation Services)

ELECTRONIC COPY

SUBMITTED BY LAYNE
1717 W Park Ave. | Redlands, CA | 92373
July9, 2023
REQUEST FOR:

Qualifications for
On-Call Potable
Water Well
Maintenance and
Rehabilitation
Services

SUBMITTED TO
City of San Jacinto
595 South San Jacinto Avenue | San Jacinto, CA | 92583
[email protected] | (951) 487-7330

3.A.8.b
Packet Pg. 2484 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services)

CONTENTS
Section 01
Cover Letter
Section 02
Firm Overview
Section 03
Key Personnel
Section 04
Qualifications
Section 05
Description and Approach
Section 06
Company Disclosure
Section 07
Proposed Fee Schedule
Section 08
Project Clarifications
Company Information
Address: 1717 W Park Ave, Redlands CA 92373
Phone: (909) 390-2833
Email: [email protected]
Website: www.graniteconstruction.com

3.A.8.b
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Packet Pg. 2486 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services Section 02: Firm Overview

ABOUT LAYNE,

A GRANITE COMPANY
Layne, a Granite Company (Layne) is a global water
management, mineral exploration and drilling company. We provide responsible infrastructure solutions for natural resources in water, minerals and energy, while offering innovative, sustainable products and services with an
enduring commitment to safety, operational excellence, and client satisfaction. In June 2018, Layne became a whollyowned subsidiary of Granite Construction, Inc.

Our History. With our origins dating to 1882 as a water-well drilling company in South Dakota, Layne has evolved into a global leader in water well construction. Using sophisticated technology and specialized equipment, Layne drills highvolume water wells for clients across North America. As growing populations deplete traditional sources of drinking water, Layne has developed drilling equipment and methods that enable clients to access ground water resources that could not be reached previously due to depth and/or adverse drilling conditions.

Our Reputation. Granite celebrated its 100th year in business in 2022 and is ranked in the top 25 of the nation’s largest heavy civil contractors. Nationally, Granite is ranked #7 in Water Treatment and #8 in Water Supply for Engineering
News Record’s (ENR). Over the last 140 years, we estimate that Layne has successfully completed more that 50,000
water wells. Granite has earned a place as one of the top global water management contractors in the U.S. During this time, we also earned a strong reputation for implementing innovative approaches that minimize risk, reduce cost and accelerate schedules.

Our Team. Layne’s expert personnel, who have unparalleled knowledge of aquifer systems, thoroughly evaluate the
geologic setting and develop a specialized well design to ensure that the client goals can be met on time and on
budget. With human and environmental safety as top
priorities, Layne is also noted for its close working
relationships with clients in every phase of the project and beyond.
2 3.A.8.b
Packet Pg. 2487 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Section 02: Firm Overview
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services

ABOUT GRANITE
& OUR CORE VALUES
Granite is America’s Infrastructure Company™
Incorporated in 1922, Granite is one of the largest diversified construction and construction materials companies in the United States as well as a full suite provider in the
transportation, water infrastructure and mineral exploration markets serving North America and Guam. Granite’s code of conduct and strong core values guide the company to uphold the highest ethical standards. Granite is an industry leader in safety and an award-winning firm in quality and sustainability.

Granite is committed to upholding dependable governance structures, reflecting diversity within all levels of the company, and enhancing our culture of inclusion.

We recognize that reliable infrastructure is a critical component of a sustainable society as it allows the
movement of people, flow of commerce, supply of energy, and availability of critical residential and commercial utilities. We also understand the importance of sustainability in the context of communities facing extreme weather events and the need to build or rebuild with increased resiliency. Our inhouse expertise supports our clients in meeting their own sustainability goals.
3 3.A.8.b
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Packet Pg. 2489 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Section 02: Firm Overview
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Packet Pg. 2490 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Section 02: Firm Overview
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services 6 3.A.8.b
Packet Pg. 2491 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Section 02: Firm Overview
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services

OUR SERVICES
We expertly manage water throughout the full lifecycle:
supply, treatment, delivery and maintenance.

Specialties include well drilling, pump sales and
service, well rehabilitation, and water treatment
services. We offer comprehensive solutions for
government agencies, commercial and municipal
water suppliers, industrial facilities, agricultural, and energy companies. Our teams expertly identify and
develop new water sources, recharge aquifers, and
deliver potable water to communities and facilities
throughout the Americas.

Ranney Collector Well Installation
7 3.A.8.b
Packet Pg. 2492 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services)

KEY PERSONNEL AND RESUMES
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REDLANDS, CA OFFICE

RICKY TRUJILLO
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REDLANDS, CA OFFICE
WZK:
dKZ'E/d/KE,ZdͲ>zE
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RIGOBERTO PEREIDA

R & I SUPERVISOR

REDLANDS, CA OFFICE

DAVID BRASHEAR
WZK:
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REDLANDS, CA OFFICE

JOE VERDUSCO

CONSTRUCTION SUPERVISOR

REDLANDS, CA OFFICE

MARK HOWARD
BUSINESS DEVELOPMENT DE'
Z

REDLANDS, CA OFFICE
LAYNE CHRISTENSEN CO.
1717 W PARK AVE.

REDLANDS CA 92373
PH: (909) 390-2833
FX: (909) 390-5540
Section 03: Key Personnel Resumes
8 3.A.8.b
Packet Pg. 2493 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) TODD HOWARD General Manager
Water Resources Division
Summary of Qualifications
Mr. Howard has been in the water well industry since 1983, specializing in water well rehabilitation, pump engineering and application. Mr. Howard manages the Western Regions
Operations for pump repair, well rehabilitation, electrical and construction services. He is also the current Chair of Layne’s National Rehabilitation Committee. Mr. Howard developed and implemented the Roto Scrub well rehabilitation technology as well as Layne’s proprietary NSF certified well chemistry in use today throughout the Western United States.

Relevant Project Experience
BOR: Bureau of Reclamation, Sacramento, CA
General Manager – Drought relief, construction of (44) design build wells were completed with borehole depths from 220’ to 1,020’ deep and successfully tested at an average of 1500 GPM @ depths from 400’ to 600’.

Contact: Brenda Davis (916) 978-5143
Contract Amount: $15,959,262.16
SDF: Sweetwater Authority, San Diego, CA
General Manager – The Sweetwater Authority is expanding the facilities to achieve the full 8,800 acre feet per year capacity with the construction of (5) new municipal brackish groundwater wells. The wells were drilled and constructed with borehole depths of 880’ to 1,020 deep and successfully tested at an average of 2,115 GPM @ 200’.

Contact: Tom Henderson P.G. (619) 687-0120
Contract Amount: $7,033,913.73
TID: Tranquility Irrigation District, Fresno, CA
Operations Manager – Fourteen (14) new wells were drilled and constructed with borehole depths from 840’ to 920’ deep and successfully tested at an average of 2,006 GPM @ 500’.

Contact: Mr. Danny Wade (559) 698-7225
Contract Amount: 4,876,034.66
Professional Certifications:

Goulds/ITT Design & Application
Peerless Pump Design & App
Berkley Centrifugal Eng. & App
Design Water
Chemical Well Rehab Application
Total Years’ Experience:
35+
Joined Layne WRD:
2004
References:

Vince Vasquez
Water Asset Management
220 Montgomery St
Penthouse 3
San Francisco, CA 94101
415 529-4832
Mark Unruh
JG Boswell
27922 Dairy Ave
Corcoran, CA
559 992-5011
Steve Samaras
San Bernardino Special Dist
157 W 5th St #2
San Bernardino CA 92415
909 387-5940
Section 03: Key Personnel Resumes
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 9 3.A.8.b
Packet Pg. 2494 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) MARK HOWARD Business Development Manager & Area Manager Water Resources Division
Summary of Qualifications
Mr. Howard has been in the water well industry since 1978, specializing in water well rehabilitation, pump engineering, and application. Mr. Howard manages the Western Region in
Business Development, overseeing the Account Management team, and is the Area Manager for Santa Paula, CA branch.  Business Development Manager & Area Manager, Layne (2019-Present)  Business Development Manager, Layne Christensen Co. (2014–Present)  Account Manager, Layne Christensen Co. (2012–2014)
 Pump Division Sales Manager, Best Drilling & Pump (2010-2012)  Marketing Manager, Layne Christensen Co (2008-2009)
 Owner, Secretary/Treasurer, Laveen Pump Co. (2006-2008)  Branch Manager, La Habra Branch, Layne Christensen Co. (2004-2006)  Pump Division Manager, Beylik Drilling (2002-2004)
 Account Manager, Beylik Drilling (2000-2003)
 Secretary/Treasurer, Pump Manager, Howard Pump , Inc. (1988-2000)  Pump Forman, Forman, Howard Pump, Inc. (1978-1988)
Relevant Project Experience
 San Diego Formation Water Wells; Sweetwater
Authority, Chula Vista, CA, 7) well water well drilling project. $7,035,000.00
 Maintenance Service Agreement; Los Angeles
Department of Water and Power, Los Angeles area
well and pump maintenance $5,500,000.00 5 year
contract
 Multi Well Project; Corcoran Irrigation District,
Corcoran, CA 3) well water well drilling project.
$1,800,000.00
Continued Education
Goulds/ITT, Design & Engineering
Goulds/ITT, Turbine Pump
Goulds/ITT, VFD Drive & Training
Peerless Pump, Design & Application
Berkley Centrifugal Engineering & Application
Dale Camegie, Management Training
Karrass, Effective Negotiating Training
Arc Flash & NFPA/OSHA
Professional Affiliations:

National Groundwater Assoc.

California Groundwater Assoc..

Hi Desert/ Mountain Groundwater
Assoc.

American Ground Water Trust
AWWA Member
Total Years Experience:
43 Joined Layne WRD:
2012
References:

Kevin McGillicuddy
Sales
Roscoe Moss Company
4360 Worth St.

Los Angeles, CA 90063
323-263-4111
Aaron Pidgeon
V.P. Sales & Operations
E-Water Solutions
43124 Rancho Way
Temecula, CA 92560
951-297-3200
Chuck Krieger, PE
President/CEO
Krieger & Stewart
3602 University Ave.

Riverside, CA 92501
951-684-6900
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services Section 03: Key Personnel Resumes
|
10 3.A.8.b
Packet Pg. 2495 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) RICKY TRUJILLO Account Manager
Water Resources Division
Summary of Qualifications
Mr. Trujillo has 24 years of experience in all aspects of water supply services. He specializes in municipal and industrial water supply design, construction services, well rehabilitation, pump repair and troubleshooting, as well as investigative and remedial services. Mr. Trujillo manages projects through completion, to ensure timely and successful delivery of every project, with monthly/quarterly reports as may be required for each project.

Relevant Project Experience
Well Rehab Project 2019-2020, City of Riverside, CA
Account Manager – Pump Removal, Video Log, Wire Brush
and Bail, Chemical Injection, Dual Swab Airlift, Furnish Install & Remove Test Pump, Pump Development Repair and Install
New Turbine Pumps.

Contact: Eric Escobar, PE (951) 826-5482
Contract Amount: $578,678.57
3 Rixes Wells: City of San Bernardino, SB, CA
Account Manager – Rehabilitation of wells. Sonar-Jet
remediation, video inspection, wire brush and bail wells, well testing and redevelopment.

Contact: Kevin Stewart (909) 454-5651
Contract Amount: $259,945.00
Well 33: EMWD, Perris, CA
Account Manager – Rehabilitation and Re-develop well.

Install, inject with RotoScrub and remove, Boreblast install, remove airlift, furnish and install test pump, well development disinfect well through dual swab, post rehab video log.

Contact: David Brown 951 928-3777
Contract Amount: $261,097.99
Well 15: Palmdale Water District, Hemet, CA
Account Manager – Well rehabilitation, single shot sonar jet, brushing and bailing. Post video log, brush and bail, installation of new pump equipment complete with startup.

Contact: Kelly Jeeters (661) 456-1083
Contract Amount: $134,285.76
Continued Education
Layne, Sales Orientation & Hydrology School
Arc Flash & NFPA/OSHA
Professional Affiliations:

Hi Desert Mountain Water
Assoc.

Total Years Experience:
24 Joined Layne WRD:
1999
References:

Zack Reid
City of Corona
951 739-4914
Gonzalo Reyes
LADWP
Engineer
213 367-8419
David Brown
EMWD
Mechanical Service Manager
951 928-3777
John Moreno
City of Beverly Hills
Water System Supervisor
310 288-2802
Eric Escobar, PE
City of Riverside
Public Utilities, Water
Engineering
951 826-5482
Section 03: Key Personnel Resumes
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 11 3.A.8.b
Packet Pg. 2496 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) DAVID BRASHEAR Senior Project Manager
Water Resources Division
Summary of Qualifications
Mr. Brashear has been in the water supply services since 2011. Currently, he is responsible for water-well and
pump design services, repairs and project management
for Layne Christensen Company. Responsibilities include project design, estimating and management. He oversees
project staff as required involved in municipal, agricultural and industrial water supply design and construction
services, as well as investigative and remedial services.

Relevant Project Experience
SDF Wells: Sweetwater Authority, San Diego CA
Project Manager – R&I Portion. Geophysical logs, depth
specific sampling, decontamination process, air lifting.

Installation of test pump, develop well by pumping and surging.

Water analysis of groundwater samples during isolated aquifer zone testing.

Contact: Michael Garrod 619 409-6752
Contract Amount: $7,035,000.00
Contract 691:LADWP, Los Angeles, CA –
Project Manager – Services to remove and install
groundwater well submersible and vertical turbine line shaft pump units, and to maintain, repair or destroy wells on an intermittent basis.

Contact: Gonzalo Reyes 213 367-8419
Contract Amount: $1,290,000.00
Station 277-01: California Water Services, Torrance, CA Project Manager – Chemical rehabilitation, well development, test pumping and outfitting the well with new equipment.

Contact: Catherine Lou 310 257-1494
Contract Amount: $138,089.00
Continued Education
Layne Christensen, Pumpology 101 to 104
Roscoe Moss, Well Drilling and Designing
Lakos Sand Solutions Plumbing Products
Project Management Workshop
HSE Leadership Academy
Professional Certificates:

Brithinee Electric, AC
Induction Motors
Layne, Pump Engineering and
Design
Total Years’ Experience:12
Joined Layne WRD:
2011
References:

Danny Campos.,
Account Manager
Custom Pipe and Coupling
10560 Fern
PO Box 978
Stanton, CA 90680
714.761.8801
Chris Bishop
Water and Sanitation
Supervisor
San Bernardino County
Special Districts Department
12402 Industrial Blvd., D6
Victorville, CA 92393
760-962-1510
Arnold Villarreal
City of Victorville
Water Supply Supervisor
14343 Civic Drive
Victorville, CA 92392
760-955-2993
Section 03: Personnel Resumes
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 12 3.A.8.b
Packet Pg. 2497 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services)

RIGOBERTO PEREIDA R & I SUPERVISOR

WATER RESOURCES DIVISION
Summary of Qualifications
Mr. Pereida has in-depth knowledge and experience in the following operations: Deep Well Pumps and Booster, Water Well Rehabilitation, Well Destruction, and Pump Installation. He has successfully completed rehabilitations and aqua freed process system. Mr. Pereida has supervised major projects by selecting, assigning, and scheduling employees. Communicated job expectations and managed subcontractors performance, stayed within budget by monitoring expenditures, identifying variances and calculating required resources.

Ensured all local regulations were met and codes enforced, avoiding fines and delays. He is a certified crane operator on swing cab and fixed cab cranes large and small. He holds a Class A with endorsements for hazmat, tanker, doubles and triples. Pump rig operator for 13 years on Smeal, Tayler, Simco and Old General “A” frame rigs and cranes.

Relevant Project Experience
Sites 4 East & 8 North: Northrop Grumman Corp- Palmdale, CA R&I Supervisor – Point of contact for client. Mobilize/ schedule rig and crew to job site and perform the following rehab tasks: Pull customers pump equipment. Inject and swab acid. Set up chemical mixing trailer and injecting equipment. Install injecting tool w/tremmie to upper perforations 482’. Perform well disinfection, video log.

Contact: Scott Larson (661) 272-8589
Contract Amt. $80,456.60
Contract 691: LADWP- Los Angeles CA R&I
Supervisor – Schedule/ mobilize crew to job site. Oversee all aspects of the project, coordinated vendors and/or resources for execution of project.

Project consisted of services to remove, and install groundwater well submersible and vertical turbine line shaft pump units and to maintain repair or destroy wells on an intermittent basis.

Contact: Gonzalo Reyes (213) 367-8419
Contract Amount: $1,258,903.96
ANC: MMG Agribusiness, Wasco, CA
R&I Supervisor – Schedule/ mobilize crew to job site, supply, installation and removal of a temporary vertical turbine test pump equipment. Perform test pump development, 24 hour pump and surge, 12 hour step test, & 12 hour constant rate tests.

Contact: Steve Gilfenbain (310) 651-2591
Contract Amount: $354,387.85
Continued Education
Rehabilitation Process
Aqua Freed Process
Education:

OSHA 40 Hour Training Programs
OSHA 8 Hour Annual Training
Professional Certifications:

American Red Cross First
Aid/CPR
MSHA Certified
Forklift Certified
Backhoe Certified
NCCCO Certified TSS & TLL
Monthly Crane Inspector
Arc Flash & NFPA/OSHA
Total Years Experience:22
Joined Layne WRD:
2000
References:

Scott Larson
Northrop Grumman
Facilities Engineering
[email protected]
661 272-8589
Gonzalo Reyes, P.E
LADWP
R&C Engineering
[email protected]
213 367-8419
Sean Wright
Phelan Pinon Hills CSD
760 868-1212
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services Section 03: Key Personnel Resumes
|
13 3.A.8.b
Packet Pg. 2498 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) JOSE VERDUSCO R&I and Construction Supervisor
Water Resources Division
Summary of Qualifications
Mr. Verdusco has in-depth knowledge and experience in the following operations: Water well industry professional, Deep Well Pumps, Booster Pumps, Well Destruction, Pump Installation.

Expertise and proven ability in water well rehabilitation. Exhibits as a positive role model for safety first to all of his fellow employees, clients and anyone he comes in contact with on a daily basis Relevant Project Experience
Anthony Vineyards, Bakersfield, CA – R&I Supervisor –
Well development, open ended air lift, dual swab air lift, PFD injection. Install and remove test pump and equipment, set to a depth of 800'. Performed test pump development 20 hour pump and surge, 10 hour step, and 10 hour constant rate tests were completed Tranquility Irrigation District, Fresno, CA – R&I Supervisor – Fourteen (14) new wells were drilled and constructed with borehole depths from 840’ to 920’ deep and successfully tested at an average of 2,006 GPM @500’. Complete testing and development was implemented.

Inglewood Water District, Inglewood, CA - Drilling Supervisor – Drilling and equipping new well. Drill 48-inch OD x 3/8-inch thick LCS conductor casing into place to 50’ BGS. Drilled pilot borehole form 50’ to 700’. Install 20-inch ID x 3/8-Inch wall type 304: SS ASTM A778 blank well casing form 2’ AGS to 350’ BGS. Well development and testing.

Education:

American Red Cross First
Aid/CPR
Lockout/Tag out and
Excavation
PPE and Fall Protection
Forklifts
Compressed Gas Cylinders
Electrical Safety
Unsafe Conditions and Site
Safety
Stop Work Authority
Injury/Illness Reporting
Respiratory Protection
Arc Flash & NFPA/OSHA
Total Years Experience:
22 Joined Layne:
2000
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services Section 03: Key Personnel Resumes
|
14 3.A.8.b
Packet Pg. 2499 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Project References
City of Santa Ana Public Works Agency - 215 S. Center Street | Santa Ana, CA 92704 Well & Pump Maintenance
Contract Value: $ 300K-500K per year End Date: Ongoing
Contact Information:

James Burk, PE Senior Civil Engineer
Phone (714) 647-3315
Email [email protected]
San Bernardino County Special District Dept. - 222 W. Hospitality Lane, 2nd Floor San Bernardino, CA., 92415
Maintenance Contract CON-MULTI-PW 062221- Well & Pump Maintenance Contract Value: $ 2,800,000.00 Start Date: 07/2021 End Date: Ongoing Until 06/2026 Contact Information:

Chris Bishop
Phone (760) 962-1510
Cell (909) 269-1094
Email [email protected]
Los Angeles County Department of Public Works- 900 S Fremont Ave, Alhambra CA 91803 Barrier Well Project Master Service Agreement - Initial Problem: Fouling of the Well Screens Tasks: Pump Out Chlorine and Glycholic. Removal on Injection Piping, Perform Video Survey, Mix & Inject chemistry into place via tremmie and dual swab tooling, Dual swab airlift, perform post rehab video, re-installation of injection piping. Well Size: Various 6''-12'' Well Depth: Various 300'-1,100' Contract Value $ 1,100,000.00 Completion Date: Ongoing
Contact Information:

Omar Carrillo Maldonado
Main (626) 458-6190
Eastern Municipal Water District- 2270 Trumble Rd, Perris CA 92572 Ongoing Well Maintenance And Repair Services- Pump Removal, Video Log, Wire Brush and Bail, Chemical Injection, Dual Swab Airlift, Furnish Install & Remove Test Pump, Pump Development, Engineer Repair and Install New Turbine Pumps
Contract Value $300,000-$600,000 / Year Completion Date: Ongoing Contact Information:

Ryan Hallock, Mechanical Service Manager
Main (951) 928-3777 ext.6269
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 15 3.A.8.b
Packet Pg. 2500 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Email [email protected]
Dave Brown, Director
Cell (951) 300-7162
Email [email protected]
Los Angeles Department of Water & Power-111 N. Hope St, Los Angeles CA 90012 Ongoing Well Maintenance And Repair Services- Pump Removal, Video Log, Wire Brush and Bail, Chemical Injection, Dual Swab Airlift, Furnish Install & Remove Test Pump, Pump Development, Installation of New and Repaired Submersible pumps. Well Size: Various 14''-20'' Well Depth:

Various 500'-1400'
Contract Value $900,000 / Year Completion Date: Ongoing Contact Information:

Ralph Herrera, PE
Water Operation Division
Main (213) 367-8614
Email [email protected]
City of Beverly Hills-345 Foothill Road, Beverly Hills CA 90210 Ongoing Well Maintenance And Repair Services- Pump Removal, Video Log, Wire Brush and Bail, Chemical Injection, Dual Swab Airlift, Furnish Install & Remove Test Pump, Pump Development, Engineer Repair and Install New Turbine Pumps, Booster Pump Removal, Repair & Installation Contract Value $200,000-$600,000 / year Completion Date: Ongoing Contact Information:

John Moreno
Water System Supervisor
Main (310) 288-2802
Cell (805) 340-0684
Email [email protected]
Los Angeles County Department of Public Works- 900 S Fremont Ave, Alhambra CA 91803 West Coast Basin Sea Water Barrier Injection Well Redevelopment Services. Injection Pipe Removal Video Survey, Well Redevelopment, Repair & Installation of Injection Piping. 3 Year Contract 2019- 2022)
Contract Value $ 950,000 / Year Completion Date: 2022
Contact Information:

Adam Lee
Storm Water Engineering Division Ass. Civil Engineer
Main (626) 458-6185
Fax (626) 979-5309
Email [email protected]
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 16 3.A.8.b
Packet Pg. 2501 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) California Steel
Well 2 - Initial Problem: Water Quality Issues With Well Tasks: Pump Removal, Pump Inspection, Video, Wire Brush & Bail, Liner Installation, Test Pump Well With Packer, Furnish & Install New Pumping equipment. Well Size: 20” Well Depth: 725’ Contract Value $ 558,000.00 Completion Date: Aug 2021 – Dec 2022 Contact Information:

David Aguirre
Main (909) 350-6226
City of Corona
Well 25 - Initial Problem: Loss in Production and Entrained Aire Tasks: Pre Pul Eff Test, Pump Removal, Pump Inspection, Video Survey, Wire Brush & Bail, Chemical Injection, Focus Intake Pumping, Test Pump, Furnish & Install Re-Designed Pump Equipment. Well Size: 22” Well Depth: 200’
Contract Value $ 320,000.00 Completion Date: Feb 2022 – Aug 2022 Contact Information:

Chase Michelotti
Main (951) 817-5782
Virgin Valley Water District - 20 North Main, Suite 107, St. George, Utah 84770 Well No. 31 Pump Rehabilitation
Contract Value $192,987 Date Completed: 7/2022
Contact Information:

Aaron Bunker
(702) 346-5731
San Bernardino County Special District Dept. - 222 W. Hospitality Lane, 2nd Floor San Bernardino, CA., 92415
CSA 70J Well 2 Repair
Contract Value $189,618 Date Completed: 7/2022
Contact Information:

Chris Bishop
Phone (760) 962-1510
Cell (909) 269-1094
Email [email protected]
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 17 3.A.8.b
Packet Pg. 2502 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) City of Victorville - 14343 Civic Drive, Victorville CA 92392 Well 109 and 120 Rehabilitation Project
Contract Value $263,096 Date Completed: 6/2022
Contact Information:

Arnold Villareal, Water Manager
Main (760) 955-2993
Cell (760) 508-9001
Fax (760) 269-0088
Email [email protected]
Eastern Municipal Water District- 2270 Trumble Rd, Perris CA 92572 Well 85 - Initial Problem: Well was sitting idle for multiple years Rehab performed prior to pump installation.

Tasks: Pump out Hydrochloric Acid Blend. Brush & Bail, Mix and Inject Hydrochloric Acid via Tremmie pipe and dual swab tooling, Perform Bore Blasting, Perform Focus Intake Pumping, Perform test Pumping Furnish and Install Pump equipment. Well Size: 16.625 Well Depth: 295’ Contract Value $191,000.00 Completion Date: Deb 2022 – May 2022 Contact Information:

Ryan Hallock, Mechanical Service Manager
Main (951) 928-3777 ext.6269
Email [email protected]
Dave Brown, Director
Cell (951) 300-7162
Email [email protected]
Victorville Water Department- 14343 Civic Drive, Victorville CA 92392 Well 116 Rehab – Pre-rehab video. Brush and bail mechanical cleaning. Post brush video. Set up to perform the mixture and injection of the chemistry. Total injection will consist of 660 gallons (12 drums) of Innova, 5500 gallons of water to make a 10% solution. This will total 3 batches with approx. 300 gallons per 10’ zone of perforations. During the injection phase, swab the chemicals simultaneously to distribute the chemicals throughout the well. Contact time should be no less than 8 hours and no more than 24 hours.

Remove the chemistry via dual swab airlifting. All fluids being removed will need to be neutralized using the neutralizing trailer, routed to a single settling tank and then discharged on site. The discharge point will need to be confirmed with the client on site. At the completion of the rehab, perform a post video log.

Installed new pump that produced 1000 gpm @ 400 ft TDH. Before rehab the well produced 995 gpm @ 259 ft TDH post rehab the well produces 1000+ GPM at 400 ft TDH.

Contract Value $73,143.25 Date Completed: 3/2022
Contact Information:

Arnold Villareal, Water Manager
Phone: 760-955-2993
Cell (760) 508-9001
Fax (760) 269-0088
Email: [email protected]
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 18 3.A.8.b
Packet Pg. 2503 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Golden State Water
Bissell # 3 - Initial Problem: Drop in Production
Tasks: Pump Removal, Video Survey, Pump Inspection, Wire Brush and Bail, CO2 injection, Dual Swab Airlifitng, Test Pumping, Installation of Repaired Materials. Well Size: 20” Well Depth: 1107’ Contract Value $ 145,000.00 Date Completed: Oct 2021-Jan 2022 Contact Information:

Steve Garten
Main (323) 383-8285
Lake Arrowhead Community Services District - 27307 State Hwy 138 Blue Jay, CA 92307 Well 2 Rehab - Removed Pump. Pre-cleaning video log. Mechanically scrub the interior of the well with brush for 10 minutes per 10 foot of screen. Performa a post clean video. Contractor shall chemically treat the well with a solution of 8% phosphoric acid combined with 2% dispersion polymer, such as Johnson Screen’s NW-310 biodispersant, tremied into screen zones. The quantity of chemical treatment solution added to the well should be equal to the amount of water in the screen plus an additional 25 to 50%. Aggressively swab, or surge into, the multiple screened zones for approximately 10 hours. Monitor pH during swabbing or surging and maintain pH of 3 or less.

After mechanical agitation, and swabbing or surging, leave solution in well to react with the incrusting materials until pH is between 6.5 to 7 or normal background levels. Once the pH has returned to normal background levels, purge well until the visual turbidity is absent, and specific conductance has returned to a normal, pre-treatment range. The purging operations are expected to require approximately 16 hours. Perform well disinfection utilizing a pH adjusted chlorination at a 300-ppm chlorine level with a targeted pH range of 6.5 to 7.0 with chlorine enhancing chemistry such as Johnson’s NW-410 chlorine enhancer for pH control. Perform a post cleaning video. No flow before well rehab, well flows as 500 gpm after rehab.

Contract Value $ 109,943.43 Date Completed: May 2021
Contact Information:

Scott Schroder, Engineering Manager
Main (909) 336-7136
Email [email protected]
Virgin Valley Water District - 20 North Main, Suite 107, St. George, Utah 84770 Well No. 32 - Initial Problem: Well Rehab Needed
Maintenance Tasks: Pump Removal, Pump Inspection, Video Survey, Brush & Bail, Well Jet, Disinfection, Repair & Installation of Pumping Equipment. Well Size: 16” Well Depth: 2021’ Contract Value $771,109.00 Date Completed: Apr 2021 – Jun 2021 Contact Information:

Aaron Bunker
Main (702) 461-8451
Other (702) 346-5731
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 19 3.A.8.b
Packet Pg. 2504 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) T&A Produce
Well 36-2-2 - Removal of Failed Equipment, Video Survey, Fish out Separated Pump Repair & Install Well Size: 18” over 16” Well Depth: 3100’
Contract Value $284,000.00 Date Completed: Jan 2021 – May 2021 Contact Information:

Jad Crusha
Main (831) 455-3616
Calleguas Municipal Water District
Fairhaven Well - Initial Problem: Well was sitting for extended period of time, not being utilized Tasks: Pump out Nu-Well 220 & 310. Pump Removal, Video Survey, Nylon Brush & Bail, Perform Focus Intake Pumping, Mix and Inject Chemistry Via Tremmie & Dual Swab Tool, Peform Focus Intake Pump, Perform Pump Development With Test Pump, Chlorinate and Cap Well. Well Size: 16” Well Depth: 900’ Contract Value $326,000.00 Date Completed: Feb 2021 – Mar 2021 Contact Information:

Robert Beamer
Main (805) 579-7118
City of San Jacinto - 166 East Main Street Suite 2, San Jacinto CA 92583 Bath Well- removed pump, pre-clean video, performed a CITM survey, then brush and bail well. Load up 36 drums of Innova, dual swab, ~1040’ of 4” and mobilize 2 man crew with chemical trailer to site. (9) 2,000 gallon batches of chemistry with (4) drums of Innova per batch. Once first batch is made, inject ~308 gallons of blended chemistry into each 10’ zone and swab each zone into place for 10 minutes.

Continue on through the zones skipping over the blank areas until you reach the bottom zone and all chemistry has been injected. Perform a Dual-swab airlift 10 foot zones for 15min on each zone or until PH from well is between 6 and 7.5 ph. perform post rehab video inspection. Install test pump capable of 1600 gpm @ 720 ft TDH. Flow rate pre and post cleaning are unknown. Well Size: 16” Well Depth: 1000’ Contract Value $ 255,000 Date Completed: Nov 2019 – Mar 2020 Contact Information:

Art Mullen, Water Utilities Superintendent
Main (951) 487-7381
Email [email protected]
Or
Matt Osborn (951) 928-3777
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 20 3.A.8.b
Packet Pg. 2505 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) City of Riverside-3750 University Ave, Riverside CA
Well Rehabilitation Project 2019-2020-Pump Removal, Video Log, Wire Brush and Bail, Chemical Injection, Dual Swab Airlift, Furnish Install & Remove Test Pump, Pump Development Repair and Install New Turbine Pumps.

Contract Value $550,000.00 Completion Date: 5/31/2020
Contact Information:

Eric Escobar, PE
Public Utilities, Water Engineering
Main (951) 826-5482
Direct (951) 826-5821
Cell (951) 288-7139
Email [email protected]
Monte Vista Water District
Well 27 - Initial Problem: Bid Project, Water Flush Installation Maintenance Tasks: Wire Brush & Bail, Video Survey, Perform Chlorination, Furnish & Install Water Flush Pumping Equipment. Well Size: 17.5” Well Depth: 1180’ Contract Value $ 161,000.00 Completion Date: Oct 2019 – Dec 2019 Contact Information:

John Hughes
Main (909) 267-2185
San Bernardino County Special District Dept. - 222 W. Hospitality Lane, 2nd Floor San Bernardino, CA., 92415
Maintenance Contract 16-370- Well & Pump Maintenance
Contract Value $ 1,500,000 Completion Date: June 30, 2019 Contact Information:

Rich Allen
Main (760) 962-1508
Email [email protected]
Victorville Water Department- 14343 Civic Drive, Victorville CA 92392 Well 126 - Well & Pump Maintenance. Pump out Hydrochloric Blend. Pump removal, Video Survey, Pump Inspection, Bush Well, Mix & inject Acid Via Tremmie Pipe & Dual Swab Tool, Dual Swab, Airlift, Furnish & Install Repaired Equipment. Well Size: 15.50” Well Depth: 636’ Contract Value $173,000.00 Date Completed: Mar 2019 – Jun 2019 Contact Information:

Arnold Villareal, Water Manager
Phone: 760-955-2993
Cell (760) 508-9001
Fax (760) 269-0088
Email: [email protected]
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 21 3.A.8.b
Packet Pg. 2506 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Eastern Municipal Water District- 2270 Trumble Rd, Perris CA 92572 Well 25- Initial Problem: Lack of Production
Maintenance Tasks: Pump removal, Pump Inspection, Video Survey, Wire Brush & Bail, Repair & Installation of Pump Equipment. Well Size: 18” Well Depth: 1550’ Contract Value $150,000.00 Completion Date: Sept 2018-April 2019 Contact Information:

Ryan Hallock, Mechanical Service Manager
Main (951) 928-3777 ext.6269
Email [email protected]
Dave Brown, Director
Cell (951) 300-7162
Email [email protected]
City of San Jacinto
Lake Park Well_Initial Problem: Lack of Production and top end run out and vibration.

Maintenance Tasks: Pump removal, Pump Inspection, Video Survey, Wire Brush & Bailing, Patch Hole, Repair & Installation of Pump Equipment. Well Size: 18” Well Depth: 1490’ Contract Value $217,000.00 Completion Date: Nov 2018-Feb 2019 Contact Information:

Matt Osborn
Main (951) 537-7721
City of Victorville - 14343 Civic Drive, Victorville CA 92392 Well 136 Full Rehab & Test Pump - Pump equipment was removed due to lost in production. The well was video logged, wire brushed, roto scrubbed, injection of Innova solution, dual swabbed airlifted, and test pumped. Removal and installation of 382' of 8'' x 2.5''x 1.5'' Oil lubricated pump assembly. 1500 gpm @ 500 TDH with a pump setting of 460'. 1000 HP test engine was used for the test pumping at this site.

Contract Value $197,000 Date Completed: 4/2018
Contact Information:

Arnold Villareal
Main (760) 955-2993
Cell (760) 508-9001
Fax (760) 269-0088
Email [email protected]
Section 04:Qualifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services | 22 3.A.8.b
Packet Pg. 2507 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Layne Christensen Company is pleased to submit our proposal for the above referenced project. Upon review of our capabilities, project approach and references, we believe you will choose Layne as your preferred partner on this project. Layne understands the contract service provider may be needed to respond to both standard scheduled maintenance emergency and non-emergency types of request and is fully prepared to satisfy these types of request.

Layne has a long history of outstanding work performed and response times with other government entities and water departments through contract service agreements having similar requirements and scope. This is accomplished in part by our ability to allocate resources in a quick and efficient manner.

Layne has 12 fully equipped pump rigs and cranes that are located at our Redlands Facility, located less than 24 miles from the City. Our Redlands facility also houses a fully functional machine shop that helps with quick turnaround, repairs of deep well and booster pumps. Layne also has locations in Santa Paula, Bakersfield and Hanford working in nearby location which can be re-located to other job sites if productivity and schedule permits. Layne is fully confident and able to respond to the needs with prompt and speedy services. Because of the various Layne locations throughout the United States, we have national agreements with vendors that allows us to purchase pump materials at discounted price, which allows us to pass on these savings to our partners.

The project will be executed by Layne’s Water Resource Division located in Redlands, CA. This group provided a full suite of water related products and services. The project references and experienced detailed in the following pages will show that we are dedicated to completing and all projects in safe, timely, efficient fashion. You will have the full resources of Layne’s Water Resource Division committed to the successful outcome of all projects
If you have any questions regarding our submittal or require additional information, please do not hesitate to contract Ricky Trujillo, Account Manager at 909.390.2833/ Mobile 909.957.7782 or [email protected]. We look forward to being deemed qualified and responsible bidder and welcome the opportunity to meet with you and your team to discuss any questions in regards to this project
Section 05: Description and Approach
Description and Approach
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services 23 3.A.8.b
Packet Pg. 2508 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Company Disclosure
Section 06:Company Disclosure
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services Layne Christensen Company does not have any past nor current business and personal relationships with any current San Jacinto elected official, appointed official, city employee, nor family member of any current San Jacinto elected official, appointed official, nor city employee. 24 3.A.8.b
Packet Pg. 2509 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services)  Work/payment issues over $50,000.00 only Thursday, July 6, 2023 Company Disclosure
The table below provides information regarding pending arbitration litigation against Layne Christensen Company for a construction project within the past five (5) years.

Date  Case Name  Description  Resolution  Date  Resolution $
2019‐06‐03
Wynn Construction v. Ada Public Works Authority, et al. (LCC) Allegations of Breach of contract; non‐payment   Pending 2021‐05‐03
City of Lock Haven, PA v. Larson Design Group v. Layne Christensen Company Third party complaint against Layne Heavy Civil re WWTP  Pending 2021‐12‐15
Brushy Creek Regional Utility Authority v. W.L. Hailey & Company Construction defect claim  pending
2022‐10‐18
Mark Nilges phone lawsuit  Conversion, Breach of contract  pending Section06 :Company Disclosure
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services 25 3.A.8.b
Packet Pg. 2510
Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well EXHIBIT “A”

COST PROPOSAL

ON-CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
BIDDER NAME:______________________________________________________ Furnish all labor equipment, applicable taxes, and incidentals necessary for the accomplishment of the following specific work items, including HOUR (HR), EACH (EA), WEEK, or DAY, for the specific item.

The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.

The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor be provided regardless of the total number units and/or amount of labor required for added or deleted items of work.

A. PUMP REMOVAL AND INSTALLATION
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
A1 Mobilization and Demobilization. 1 LS $ $
A2 Pump Rig (Large). 1 HR $ $
A3 Pump Rig (Small). 1 HR $ $
A4 Development Rig. 1 HR $ $
A5 “A” Frame Pump Rig. 1 HR $ $
A6 Service Truck. 1 HR $ $
A7 Rig Operator. 1 HR $ $
A8 Operator’s Helper. 1 HR $ $
A9 Each Additional Employee. 1 HR $ $
A10 Pump inspection report. 1 EA $ $
B. CRANE
/D\QH&KULVWHQVHQ&RPSDQ\
%KV[QH5CP,CEKPVQ4'37'56(14
3WCNKHKECVKQPUHQT1P%CNN2QVCDNG9CVGT9GNN/CKPVGPCPEGCPF4GJCDKNKVCVKQP5GTXKEGU Section 
2TQRQUGF(GG5EJGFWNG
5,800.00 8,125.00
112.00 160.00

75.00 105
112.00 160.00
NA NA

70.00 100.00
207.00 290.00
164.00 230.00
164.00 230.00
3,200.00 NA
26 3.A.8.b
Packet Pg. 2511 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
B1 5-ton Hydraulic Crane. 1 HR $ $
B2 8-ton Hydraulic Crane. 1 HR $ $
B3 10-ton Hydraulic Crane. 1 HR $ $
B4 17-ton Hydraulic Crane. 1 HR $ $
B5 30-ton Hydraulic Crane. 1 HR $ $
B6 40-ton Hydraulic Crane. 1 HR $ $
B7 50-ton Hydraulic Crane. 1 HR $ $
B8 Crane Operator. 1 HR $ $
B9 Operator’s Helper. 1 HR $ $
C. FIELD SERVICE
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
C1 Delivery Truck and One (1) Man. 1 HR $ $
C2 Service Truck and One (1) Man. 1 HR $ $
C3 Service Truck and Two (2) Men. 1 HR $ $
C4 Welding Truck and Two (2) Men. 1 HR $ $
C5 Combination Rig and Two (2) Men. 1 HR $ $
C6 Flatbed Truck and Driver. 1 HR $ $
C7 One (1) Pump Mechanic and Service Truck. 1 HR $ $
C8 One (1) Electrician and Service Truck. 1 HR $ $
C9 One (1) General Services Personnel and
Service Truck. 1 HR $ $
%KV[QH5CP,CEKPVQ4'37'56(14
3WCNKHKECVKQPUHQT1P%CNN2QVCDNG9CVGT9GNN/CKPVGPCPEGCPF4GJCDKNKVCVKQP5GTXKEGU Section 
2TQRQUGF(GG5EJGFWNG

72.00 105.00

72.00 105.00

72.00 105.00

72.00 105.00
145.00 205.00
165.00 230.00
205.00 290.00
207.00 290.00
164.00 230.00
235.00 330.00
250.00 350.00
415.00 580.00
415.00 580.00
555.00 780.00
235.00 330.00
250.00 350.00
250.00 350.00
250.00 350.00
27 3.A.8.b
Packet Pg. 2512 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) C10 Two (2) Man Pump Crew and Service Truck. 1 HR $ $
C11 Field Support (Operator). 1 HR $ $
C12 Field Support (Supervisor). 1 HR $ $
C13 Engine Operator. 1 HR $ $
C14 Backhoe. 1 DY $ $
C15 Forklift. 1 DY $ $
C16 Air Compressor (450 CFM and smaller) 1 DY $ $
C17 Air Compressor (450 CFM and larger) 1 DY $ $
C18 Water Truck. 1 DY $ $
C19 Chemical Mixing Tank (500 gallon). 1 DY $ $
C20 Chemical Mixing Tank (5,000 gallon). 1 DY $ $
C21 21,000-gallon Holding Tank. 1 WK $ $
C22 Temporary Conveyance Piping.
(assume 12” diam., and one week usage) 1 LF $ $
C23 Well Brush (nylon). 1 DY $ $
C24 Open-Ended Single-Swab Tool Assembly. 1 DY $ $
C25 Dual-Swab Tool Assembly. 1 DY $ $
C26 Test Pump and Motor (up to 1,000 gpm). 1 HR $ $
C27 Test Pump and Motor (up to 2,000 gpm). 1 HR $ $
C28 Test Pump and Motor (up to 3,000 gpm). 1 HR $ $
C29 Test Pump and Motor (up to 4,000 gpm). 1 HR $ $
C30 Initial Well Development (airlifting). 1 HR $ $
%KV[QH5CP,CEKPVQ4'37'56(14
3WCNKHKECVKQPUHQT1P%CNN2QVCDNG9CVGT9GNN/CKPVGPCPEGCPF4GJCDKNKVCVKQP5GTXKEGU Section 
2TQRQUGF(GG5EJGFWNG
415.00 580.00
250.00 350.00
250.00 350.00
250.00 350,00
915.00 NA
970.00 NA
812.00 NA
940.00 NA
1,200.00 NA
200.00 NA
300.00 NA
1,900.00 NA
NA NA
685.00 NA
165.00 NA
315.00 NA
210.00 NA
300.00 NA
355.00 NA
355.00 NA
755.00 NA
28 3.A.8.b
Packet Pg. 2513 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) C31 Initial Well Development (pumping). 1 HR $ $
C30 Final Well Development
(pumping and surging). 1 HR $ $
C30 Aquifer Testing. 1 HR $ $
D. SHOP LABOR
Item
No. Description Est.

Qty. Unit Standard
Unit Price
Emergency
Unit Price*
D1 Shop Labor - Pump Mechanic. 1 HR $ $
D2 Shop Labor - Machinist. 1 HR $ $
D3 Shop Labor - Welder. 1 HR $ $
E. MISCELLANEOUS
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
E1 Downhole Dual-Cam Video Survey. 1 EA $ $
E2 Dynamic (i.e., pumping) Downhole Dual-Cam
Video Survey. 1 EA $ $
E3 EMT-24 Well Casing Structural Integrity
Survey. 1 EA $ $
E4 Flowmeter / Spinner Survey. 1 EA $ $
E5 Engineering and Hydrogeology Support. 1 HR $ $
%KV[QH5CP,CEKPVQ4'37'56(14
3WCNKHKECVKQPUHQT1P%CNN2QVCDNG9CVGT9GNN/CKPVGPCPEGCPF4GJCDKNKVCVKQP5GTXKEGU Section 
2TQRQUGF(GG5EJGFWNG
250.00 NA
250.00 NA
250.00 NA
115.00 168.00
115.00 168.00
115.00 168.00
2,200.00 NA
2,200.00 NA
8,500.00 NA
7,400.00 7,400.00
300.00 NA
29 3.A.8.b
Packet Pg. 2514 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) Office
1717 W. Park Ave.

Redlands, CA 92373
T 909-390-2833
graniteconstruction.com
City of San Jacinto
RE: Qualifications for On Call Potable Water Maintenance & Rehabilitation Services
Project Clarifications
• A1 – Mobilization/Demobilization item is to be used for pump pull and installation only. Will be applied at the rate for each pull and/or install. Any additional services to be performed at a well site will be per the contract rates per the associated equipment and/or laborer. • A5 – No bid – Layne does not have an A-Frame pump rig in its fleet. • C14 – C20 Rental rate is per calendar day at the site and does not include transportation of the unit(s) to and from the site.
• C20 – 21k settling tank rate is per week (7 calendar days) at the site and does not include transportation of the unit to and from the site, sampling of fill material or cleaning of the tank • C22 – No bid – due to the vast number of configurations requiring different fittings, valving, etc., Layne will provide a cost proposal for each situation when the need arises. • C23 – Well Brush – the rate provided will be for each (EA) in lieu of a day rate. • C24 – Swab tool assembly - the rate provided will be for each (EA) in lieu of a day rate. • C25 – Dual swab tool - the rate provided will be for each (EA) in lieu of a day rate. • C26-C29 Test pump and motor – Layne assumes that the test pumps provided will be engine driven.
• E2 – Dynamic Video Survey – Layne assumes that an accessible conduit will be installed in the well large enough for the camera to enter and will exit past the suction of bowl assembly.

Section 08:Project Clarifications
City of San Jacinto, REQUEST FOR: Qualifications for On-Call Potable Water Well Maintenance and Rehabilitation Services 30 3.A.8.b
Packet Pg. 2515 Attachment: RFQ Response - Layne Christensen Company (Award of Contract for On-Call Well Maintenance and Rehabilitation Services) (BB&K 2018)
24438.00000\30452526.1 -1-

CITY OF SAN JACINTO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1 day of August, 2023, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and Layne Christensen Company, a California Corporation, with its principal place of business at 1717 W Park Avenue, Redlands, CA 92373 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Potable Water Well Maintenance and Rehabilitation consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Potable Water Well Maintenance and Rehabilitation consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Potable Water Well Maintenance and Rehabilitation consulting services for the Potable Water Well Maintenance and Rehabilitation Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Potable Water Well Maintenance and Rehabilitation consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 1, 2023 to August 1, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.A.8.c
Packet Pg. 2516 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation (BB&K 2018)
24438.00000\30452526.1 -2-

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Todd Howard, General Manager.

3.A.8.c
Packet Pg. 2517 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation (BB&K 2018)
24438.00000\30452526.1 -3-

3.2.5 City's Representative. The City hereby designates Robert Johnson, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Todd Howard, General Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to

3.A.8.c
Packet Pg. 2518 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation (BB&K 2018)
24438.00000\30452526.1 -4-
provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.A.8.c
Packet Pg. 2519 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation (BB&K 2018)
24438.00000\30452526.1 -5-

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced

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or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.11.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.7 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.8 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with

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jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Dollars ($1,000,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set

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forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance

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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Layne Christensen Company
1717 W Park Avenue
Redlands, CA 92373
ATTN: Todd Howard
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: Robert Johnson
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)

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hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a

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party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes

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of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF SAN JACINTO AND LAYNE

CHRISTENSEN COMPANY

CITY OF SAN JACINTO LAYNE CHRISTENSEN COMPANY

By: ____________________________ By: ______________________________ Robert Johnson Todd Howard
City Manager General Manager
Attest:

City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
Provide on-call well maintenance and rehabilitation services in support of the City’s well maintenance and rehabilitation program

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Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
A1 Mobilization and Demobilization. 1 LS $ $
A2 Pump Rig (Large). 1 HR $ $
A3 Pump Rig (Small). 1 HR $ $
A4 Development Rig. 1 HR $ $
A5 “A” Frame Pump Rig. 1 HR $ $
A6 Service Truck. 1 HR $ $
A7 Rig Operator. 1 HR $ $
A8 Operator’s Helper. 1 HR $ $
A9 Each Additional Employee. 1 HR $ $
A10 Pump inspection report. 1 EA $ $
B. CRANE
EXHIBIT “B”

COST PROPOSAL

ON-CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
BIDDER NAME:________________ /D\QH&KULVWHQVHQ&RPSDQ ______________________________________ \ Furnish all labor equipment, applicable taxes, and incidentals necessary for the accomplishment of the following specific work items, including HOUR (HR), EACH (EA), WEEK, or DAY, for the specific item.

The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.

The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor be provided regardless of the total number units and/or amount of labor required for added or deleted items of work.
5,800.00 8,125.00
112.00 160.00

75.00 105
112.00 160.00
NA NA

70.00 100.00
207.00 290.00
164.00 230.00
164.00 230.00
3,200.00 NA

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Packet Pg. 2533 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
B1 5-ton Hydraulic Crane. 1 HR $ $
B2 8-ton Hydraulic Crane. 1 HR $ $
B3 10-ton Hydraulic Crane. 1 HR $ $
B4 17-ton Hydraulic Crane. 1 HR $ $
B5 30-ton Hydraulic Crane. 1 HR $ $
B6 40-ton Hydraulic Crane. 1 HR $ $
B7 50-ton Hydraulic Crane. 1 HR $ $
B8 Crane Operator. 1 HR $ $
B9 Operator’s Helper. 1 HR $ $
C. FIELD SERVICE
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
C1 Delivery Truck and One (1) Man. 1 HR $ $
C2 Service Truck and One (1) Man. 1 HR $ $
C3 Service Truck and Two (2) Men. 1 HR $ $
C4 Welding Truck and Two (2) Men. 1 HR $ $
C5 Combination Rig and Two (2) Men. 1 HR $ $
C6 Flatbed Truck and Driver. 1 HR $ $
C7 One (1) Pump Mechanic and Service Truck. 1 HR $ $
C8 One (1) Electrician and Service Truck. 1 HR $ $
C9 One (1) General Services Personnel and
Service Truck. 1 HR $ $

72.00 105.00

72.00 105.00

72.00 105.00

72.00 105.00
145.00 205.00
165.00 230.00
205.00 290.00
207.00 290.00
164.00 230.00
235.00 330.00
250.00 350.00
415.00 580.00
415.00 580.00
555.00 780.00
235.00 330.00
250.00 350.00
250.00 350.00
250.00 350.00

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Packet Pg. 2534 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation C10 Two (2) Man Pump Crew and Service Truck. 1 HR $ $
C11 Field Support (Operator). 1 HR $ $
C12 Field Support (Supervisor). 1 HR $ $
C13 Engine Operator. 1 HR $ $
C14 Backhoe. 1 DY $ $
C15 Forklift. 1 DY $ $
C16 Air Compressor (450 CFM and smaller) 1 DY $ $
C17 Air Compressor (450 CFM and larger) 1 DY $ $
C18 Water Truck. 1 DY $ $
C19 Chemical Mixing Tank (500 gallon). 1 DY $ $
C20 Chemical Mixing Tank (5,000 gallon). 1 DY $ $
C21 21,000-gallon Holding Tank. 1 WK $ $
C22 Temporary Conveyance Piping.
(assume 12” diam., and one week usage) 1 LF $ $
C23 Well Brush (nylon). 1 DY $ $
C24 Open-Ended Single-Swab Tool Assembly. 1 DY $ $
C25 Dual-Swab Tool Assembly. 1 DY $ $
C26 Test Pump and Motor (up to 1,000 gpm). 1 HR $ $
C27 Test Pump and Motor (up to 2,000 gpm). 1 HR $ $
C28 Test Pump and Motor (up to 3,000 gpm). 1 HR $ $
C29 Test Pump and Motor (up to 4,000 gpm). 1 HR $ $
C30 Initial Well Development (airlifting). 1 HR $ $
415.00 580.00
250.00 350.00
250.00 350.00
250.00 350,00
915.00 NA
970.00 NA
812.00 NA
940.00 NA
1,200.00 NA
200.00 NA
300.00 NA
1,900.00 NA
NA NA
685.00 NA
165.00 NA
315.00 NA
210.00 NA
300.00 NA
355.00 NA
355.00 NA
755.00 NA

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Packet Pg. 2535 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation C31 Initial Well Development (pumping). 1 HR $ $
C30 Final Well Development
(pumping and surging). 1 HR $ $
C30 Aquifer Testing. 1 HR $ $
D. SHOP LABOR
Item
No. Description Est.

Qty. Unit Standard
Unit Price
Emergency
Unit Price*
D1 Shop Labor - Pump Mechanic. 1 HR $ $
D2 Shop Labor - Machinist. 1 HR $ $
D3 Shop Labor - Welder. 1 HR $ $
E. MISCELLANEOUS
Item
No. Description Est. Qty. Unit Standard Unit Price
Emergency
Unit Price*
E1 Downhole Dual-Cam Video Survey. 1 EA $ $
E2 Dynamic (i.e., pumping) Downhole Dual-Cam
Video Survey. 1 EA $ $
E3 EMT-24 Well Casing Structural Integrity
Survey. 1 EA $ $
E4 Flowmeter / Spinner Survey. 1 EA $ $
E5 Engineering and Hydrogeology Support. 1 HR $ $
250.00 NA
250.00 NA
250.00 NA
115.00 168.00
115.00 168.00
115.00 168.00
2,200.00 NA
2,200.00 NA
8,500.00 NA
7,400.00 7,400.00
300.00 NA

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Packet Pg. 2536 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation Office
1717 W. Park Ave.

Redlands, CA 92373
T 909-390-2833
graniteconstruction.com
City of San Jacinto
RE: Qualifications for On Call Potable Water Maintenance & Rehabilitation Services
Project Clarifications
• A1 – Mobilization/Demobilization item is to be used for pump pull and installation only. Will be applied at the rate for each pull and/or install. Any additional services to be performed at a well site will be per the contract rates per the associated equipment and/or laborer. • A5 – No bid – Layne does not have an A-Frame pump rig in its fleet. • C14 – C20 Rental rate is per calendar day at the site and does not include transportation of the unit(s) to and from the site.
• C20 – 21k settling tank rate is per week (7 calendar days) at the site and does not include transportation of the unit to and from the site, sampling of fill material or cleaning of the tank • C22 – No bid – due to the vast number of configurations requiring different fittings, valving, etc., Layne will provide a cost proposal for each situation when the need arises. • C23 – Well Brush – the rate provided will be for each (EA) in lieu of a day rate. • C24 – Swab tool assembly - the rate provided will be for each (EA) in lieu of a day rate. • C25 – Dual swab tool - the rate provided will be for each (EA) in lieu of a day rate. • C26-C29 Test pump and motor – Layne assumes that the test pumps provided will be engine driven.
• E2 – Dynamic Video Survey – Layne assumes that an accessible conduit will be installed in the well large enough for the camera to enter and will exit past the suction of bowl assembly.

Section 08:Project Clarifications

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Packet Pg. 2537 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation 24438.00000\30452526.1
EXHIBIT "C"

COMPENSATION
Total compensation over the life of the contract, including any extensions, shall not exceed one million dollars ($1,000,000.00)
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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Packet Pg. 2538 Attachment: Professional Services Agreement - Layne Christensen (Award of Contract for On-Call Well Maintenance and Rehabilitation August 1, 2023
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Consideration of Censure of Council Member Brian Hawkins RECOMMENDATION:

Mayor Pro Tem Crystal Ruiz has proposed this item. There is no staff recommendation for this item.

DISCUSSION:

In legal terms, a censure is an official reprimand or condemnation, an authoritative expression of disapproval. Censure is defined by Black’s Law Dictionary as the “formal resolution of a legislative, administrative, or other body reprimanding a person, normally one of its own members, for specified conduct.” Some alternatives to “censure” that do not carry disciplinary connotations include “criticize,” “disapprove,” or “condemn.” City councils generally have the authority to censure individual council members. A censure is usually adopted by resolution and represents the opinion of a city council or other public body but does not levy a fine, suspension, or other penalty. While there is no statute directly addressing censure, many local legislative bodies have adopted resolutions condemning inappropriate behavior and violations of policies and laws. Case law, including the recent Supreme Court case of Houston Community College System v. Wilson, 142 S.Ct. 1253 (2022), indicates that public agencies have long exercised the power to censure their members for centuries.

A censure is one way of distancing the public agency from bad behaviors that interfere with the agency’s ability to conduct the public’s business. While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members.

On July 2, 2023, Council Member Hawkins was arrested by the San Jacinto Police Department and booked at the Robert Presley Detention Center. On July 6, 2023, Council Member Hawkins was charged with two (2) misdemeanor counts of willfully and unlawfully causing an unjustifiable physical pain and mental suffering on a child and permitting the health of the child to be endangered (Penal Code section 273a, subdivision b).

At the July 18, 2023, City Council meeting, Mayor Pro Tem Crystal Ruiz requested to put an item on the next City Council agenda to censure Council Member Hawkins.

The attached resolution is the City Council’s public statement that the City of San Jacinto does not condone the conduct that Council Member Hawkins is accused of. The resolution makes clear that City Council respects the legal process and Council Member Hawkins’ right to a

4.1 Packet Pg. 2539
presumption of innocence and to contest the allegations in criminal court.

FISCAL IMPACT:

There is no fiscal impact for this item.

ATTACHMENTS:

Resolution No. 3998 – The Censuring of Council Member Brian Hawkins ATTACHMENTS:

Resolution No. 3998 - Censuring of Councilmember Brian Hawkins

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Resolution No. 3998