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Home My WebLink About2023/12/20- Regular Meeting Agenda Packet CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 1 Mayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Ashley Stickler CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA December 20, 2023 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION REGULAR MEETINGS TAPIA CONFERENCE ROOM COUNCIL CHAMBERS 4:30 P.M. 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/your-government/city-council-agendas or by contacting the City Clerk's Office at 909-774- 2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to Resolution No. 2023-086. Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/your-government/city-council-agendas. CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS Page 1 of 882 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 2 D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE. (CITY) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03- 0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS Page 2 of 882 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 3 REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A.AMENDMENTS TO THE AGENDA B.ANNOUNCEMENT / PRESENTATIONS B1. Presentation of a Certificate of Sympathy in Memory of John L. Machado Jr., Board Member of the Rancho Cucamonga Public Art Committee. B2. Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Bryan Dopp and Newly Appointed Planning/Historical Preservation Commissioner Melissa Diaz. B3. Presentation of a Proclamation to Tamara Oatman, Retiring Finance Director, for Years of Service to the City of Rancho Cucamonga. C.PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits us from addressing any issue not on the Agenda. Testimony may be received and referred to staff or scheduled for a future meeting. Comments are to be limited to three (3) minutes per individual. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council Chambers. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed Page 3 of 882 --- --- --- CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 4 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D.CONSENT CALENDAR D1. Consideration of Meeting Minutes for Regular Meetings of December 6, 2023. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,824,635.42 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $4,784,419.41 Dated November 27, 2023, Through December 10, 2023. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $19,134,82 Dated November 27, 2023, Through December 10, 2023. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of November 30, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel and Reschedule the February 7, 2024 Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to February 6, 2024. (CITY/FIRE) D6. Consideration To Approve the Housing Successor Fiscal Year 2022-2023 Annual Report (Housing Successor Agency). (CITY) D7. Consideration of an Appropriation in the Amount of $311,000 and Approval to Purchase Transformers from First Philec as a Single Source Vendor in the Amount of $311,000. (CITY) D8. Consideration to Award a Contract to Wisecom Technologies for the Purchase of Uninterruptible Power Supply (UPS) Battery Backups in the Amount of $156,260 for Automated Backup Electric Power of Network Equipment. (CITY/FIRE) D9. Consideration of a Five (5) Year Contract with Data Ticket Inc. for Parking and Administrative Citations and Other Receivables Processing with the Option to Renew the Contract for Two (2) Additional Years in the Amount of $725,000. (CITY) D10. Consideration of the Cooperative Purchase of One (1) 2024 CASE Construction Model Number 570N EP Skip Loader via the Sourcewell Contract Number 032119-CNH-1 from Sonsray Machinery in the Amount of $135,374.56. (CITY) D11. Consideration of a Power Purchase Agreement with Golden Fields Solar IV, LLC to Purchase the Renewable Energy and Capacity From the Proposed Solar Photovoltaic Project and Authorizing the City Manager or His Designee to Sign the Power Purchase Agreement, Buyers’ Agent Agreement, and Any Related Documents. (CITY) D12. Consideration to Accept the Concrete Rehabilitation Project FY 22-23 as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) Page 4 of 882 7 14 23 25 103 104 136 138 140 142 147 261 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 5 D13. Consideration to Adopt City Resolution No. 2023-124 and Fire Board Resolution No. FD 2023-040 to Update Staff Signature Authority Limits. (RESOLUTION NO. 2023-124 AND RESOLUTION NO. FD 2023-040) (CITY/FIRE) D14. Consideration of a Resolution Delegating Authority to Request Disbursements from the CalPERS California Employers' Retiree Benefit Trust (CERBT) for the Rancho Cucamonga Fire Protection District's Retiree Healthcare Plan. (RESOLUTION NO. FD 2023-041) (FIRE) E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING NON-STOREFRONT MEDICAL CANNABIS RETAIL AS A USE PERMITTED WITH A MINOR USE PERMIT FOR PROPERTIES LOCATED IN PORTIONS OF THE NEO-INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE) ZONES, AMENDING CHAPTER 8.52 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE EXCEPTING CERTAIN NON-STOREFRONT MEDICAL CANNABIS RETAIL FROM THE PROHIBITION ON COMMERCIAL CANNABIS ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATORY AND OPERATIONAL RESTRICTIONS FOR SUCH A NON- STOREFRONT MEDICAL CANNABIS RETAILER, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT F.ADMINISTRATIVE HEARING ITEM(S) G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing for Consideration of Resolution No. 2023-125, Adopting a Master Plan for the Epicenter Area, to Articulate a Vision for Enhanced Uses and Activity and Implement Development Standards for the City-Owned Parcels Commonly Known as the Epicenter Sports Complex, Consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, Associated Parking Lots and a City-Owned Vacant Lot at the Northwest Corner of Rochester and Arrow. No Privately Owned Parcels are Subject to This Proposed Plan. APN’s 229- 012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72. An Addendum to the General Plan Program Environmental Impact Report (SCH No. 2021050261) Has Been Prepared for this Project. (RESOLUTION NO. 2023-125) (CITY) G2. Public Hearing for Consideration of First Reading of Ordinance No. 1023, to be Read by Title Only and Waive Further Reading, Amending Articles III, V, VIII, and IX of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code that will Include the Addition of New Subzone to the Summary Table and Land Use, Clarifications to Various Development Standards including updates to Drive-Thru Use and Service Station Standards, New Standards for Subdivisions in the Form Based Code, Adjustments to Open Space Requirements, and Additional Typographic and Formatting Amendments, and Recommendation of Zoning Map Amendments to Specific Parcels for Consistency with the General Plan (“PlanRC”). An Addendum to the General Plan Update and Climate Action Plan FEIR has been prepared for this project (Zoning Map Amendment DRC2023-00317; Municipal Code Amendment DRC2023-00318). (ORDINANCE NO. 1023) (CITY) Page 5 of 882 264 270 273 291 458 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 6 H.CITY MANAGER'S STAFF REPORT(S) H1. Consideration of the Rancho Cucamonga ADA Title II Self-Evaluation and Transition Plan, and Determination that the Plan is Categorically Exempt Under the California Environmental Quality Act (CEQA) per Section 15301 – Existing Facilities and Section 15305 – Minor Alterations of Land Use Limitations. (CITY) H2. Consideration to Approve Budget Amendment for Implementation of the County Ambulance Contract (Ambulance Personnel, EMS Captain, Data Analyst). (FIRE) H3. Consideration of the Conversion of the Vacant Emergency Management Coordinator Position to Emergency Manager. (FIRE) I.COUNCIL BUSINESS I1. Consideration to Approve the Re-appointment of One (1) Public Member and Appointment of Two (2) New Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J.CITY ATTORNEY ITEMS K.IDENTIFICATION OF ITEMS FOR NEXT MEETING L.ADJOURNMENT L1. Adjournment in Memory of John L. Machado Jr., Board Member of the Rancho Cucamonga Public Art Committee. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 6 of 882 862 865 872 881 --- --- --- *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 7 December 06, 2023 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a Closed Session on Wednesday, December 06, 2023, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. D/B/A ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY) Page 7 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 7 D4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO. CIVDS 1904713. (CITY) E. RECESS The closed session recessed at 6:28 p.m. REGULAR MEETING – 7:00 PM CALL TO ORDER – COUNCIL CHAMBERS The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on December 06, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan, MMC, City Clerk Services Director. Mayor Michael announced City Manager, John Gillison, is excused from tonight’s meeting. Assistant City Manager, Elisa Cox, will be filling in for him tonight. Council Member Stickler led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA City Clerk Services Director Troyan announced Staff updated the Staff Report to item D4 to clarify items received on December 5th letter. A copy of the updated report was provided to the Council on the dais and was made available to the public. Also, item D12 on the Consent Calendar was requested to be removed and returned at a future meeting. B. ANNOUNCEMENT / PRESENTATIONS B1. Presentation of a Certificate of Recognition to Ishaan Iyer for Being Named a 2023 3M Young Scientist Challenge Top 10 Finalist. Mayor Michael and Members of the City Council presented a Certificate of Recognition to Ishaan Iyer. Young Scientist Iyer shared information on the cost-effective Braille device he created that encodes the English alphabet into Braille language and converts it into a tactile Braille cell. B2. Presentation of Where Income Increased Most Year Over Year – 2023 Study. Paige Eberle, Management Aide, Planning and Economic Development Department and Brianna Ford, Community Affairs Technician, City Manager’s Office, provided a PowerPoint presentation of Rancho Cucamonga’s ranking in the recent study from Smart Asset. Page 8 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 7 C. PUBLIC COMMUNICATIONS Lance Asbra, offered a prayer. Laura Espinoza, Armando Moreno and Elijah Gracia, spoke in opposition to a proposed project by Hamilton Family Brewery at a location identified as 8889 Archibald Avenue, Rancho Cucamonga, CA 91730 – (DRC2023-00257). The three (3) speakers shared concerns of the proposed project relating to: parking, traffic, noise level affecting surrounding neighborhood , hours of operation, ongoing special events, food truck vendors, public safety and impacts to the property value of adjacent homes. Assistant City Manager Cox referred speakers to Director of Planning and Economic Development, Matt Marquez, for more information on the proposed project by Hamilton Family Brewery and process for proposed projects in the City. D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration of Meeting Minutes for Regular Meetings of November 15, 2023. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,382,944.13 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $11,812,958.97 Dated November 06, 2023, Through November 26, 2023, and City and Fire District Electronic Debit Registers for the Month of October in the Total Amount of $1,735,255.46. (CITY/FIRE) D3. Consideration to Approve Fire District Weekly Check Register for Checks Issued to Southern California Gas Company in the Total Amount of $88.76 Dated November 06, 2023, Through November 26, 2023. (FIRE) D4. Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2023. (CITY) D5. Consideration of Appropriation in the Amount of $46,090 from the Citizen Option for Public Safety (COPS) Program State Fund Balance and Authorization to Purchase 12 Public Safety Video Network (PSVN) Cameras to Be Added to Or Replace End of Life Cameras at the Rancho Cucamonga Animal Shelter. (CITY) D6. Consideration of Amendment No. 003 to the Professional Services Agreement with Civic Solutions for Contract Planning Services, to extend the contract through June 30, 2024, and increase the total contract cost by $122,150 to be funded from account 1001314 -5300 and 1016301-5300 (Contract Services). (CITY) D7. Consideration of Amendment No. 8 to the Professional Services Agreement with Fuel Equipment Services, Inc (DBA Fuel Serv) for Fuel Island Maintenance to Extend the Term of the Contract through June 30, 2024 in an Amount Not to Exceed $60,000 for FY 2023/2024. (CITY/FIRE) D8. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Overlay Pavement Rehabilitation Project. (CITY) Page 9 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7 D9. Consideration to Accept Public Improvements Located on the Southeast Corner of Lemon Avenue and Day Lily Court per Improvement Agreement, Related to Parcel Map 20098, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY) D10. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Hermosa Avenue Street Widening and Pavement Rehabilitation Project. (CITY) D11. Consideration to Accept Public Improvements Located on the East Side of East Avenue and South of Banyan Street per Improvement Agreement, Related to Tract Map 20334, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY) D12. Consideration to Approve the Final Map for Tract 20120, an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.4-R, and into Street Light Maintenance District No.1 and No.4, Located on the North Side of Foothill Boulevard and West of Milliken Avenue at 11290 Foothill Boulevard, Related to Case No’s. SUBTT20120 and DRC2021-00120. (RESOLUTION NO. 2023-118), (RESOLUTION NO. 2023-119), AND (RESOLUTION NO. 2023-120) (CITY) (REMOVED FROM AGENDA) D13. Consideration of a Resolution Amending Parking Citation Penalties and Late Payment Penalties for the City of Rancho Cucamonga. (RESOLUTION NO. 2023-116) (CITY) MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Stickler, to approve the Consent Calendar Agenda items D1 through D13, with the updated Staff Report for item D4, removal of item D12 and Council Member/Board Member Scott abstaining on item D3. Motion carried 5-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. Page 10 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 7 G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing for Consideration of First Reading of Ordinance No. 1022, to be Read by Title Only and Waive Further Reading, Amending Title 17 of The Rancho Cucamonga Municipal Code Establishing Non-Storefront Medical Cannabis Retail as a Use Permitted With a Minor Use Permit for Properties Located in Portions of the Neo-Industrial (NI) and Industrial Employment (IE) Zones, Amending Chapter 8.52 of the Rancho Cucamonga Municipal Code Exempting Certain Non-Storefront Medical Cannabis Retail from the Prohibition on Commercial Cannabis Activity; Adding Chapter 5.20 to the Rancho Cucamonga Municipal Code Establishing Regulatory and Operational Restrictions for Non -Storefront Medical Cannabis Retailers. This Item is Exempt from the California Environmental Quality Act, Pursuant to State CEQA Guidelines Sections 15060(C)(2) and 15061(B)(3). (ORDINANCE NO. 1022) (CITY) Assistant City Manager Cox introduced Jennifer Nakamura, Deputy Director of Planning, who gave the staff report along with a PowerPoint presentation for item G1. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. Discussion ensued on enforcement requirements by the State of California and the importance of local control. MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve staff’s recommendation and introduce First Reading of Ordinance No. 1022, by title only and waive further reading. Linda A. Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 10 22 by title only. ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING NONSTOREFRONT MEDICAL CANNABIS RETAIL AS A USE PERMITTED WITH A MINOR USE PERMIT FOR PROPERTIES LOCATED IN PORTIONS OF THE NEO-INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE) ZONES, AMENDING CHAPTER 8.52 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE EXCEPTING CERTAIN NON-STOREFRONT MEDICAL CANNABIS RETAIL FROM THE PROHIBITION ON COMMERCIAL CANNABIS ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATORY AND OPERATIONAL RESTRICTIONS FOR SUCH A NON-STOREFRONT MEDICAL CANNABIS RETAILER, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve staff’s recommendation and introduce First Reading of Ordinance No. 1022, by title only and waive further reading. Motion carried 5-0. Page 11 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 G2. Public Hearing to Consider Establishing, Repealing, and Amending Certain Service and User Fee Adjustments for Various Departments (Building and Safety Services, Planning and Economic Development, and Community Services), Consider Amending the Transportatio n Development Impact Fees for Engineering Services, and Consider Two Resolutions Approving Such New Service and User Fees. (RESOLUTION NO. 2023-121) and (RESOLUTION NO. 2023-122) (CITY) Assistant City Manager Cox introduced Jennifer Nakamura, Deputy Director Planning and Economic Development, and Zack Neighbors, Director Building and Safety, who gave the staff report along with a PowerPoint presentation for item G2. Assistant City Manager Cox announced the Public Hearing on the Transportation Development Impact Fees would be continued to the Regular City Council Meeting on January 17, 2024. She noted a copy of the updated report has been provided to the Council on the dais and was made available to the public. Mayor Michael opened the Public Hearing. Carlos Rodriguez, Chief Policy Officer for the Building Industry Association of Southern California, shared concerns with the City’s proposal of amending the Transportation Development Impact Fees for Engineering Services and requested the item be continued to January 17, 2024 to have more time to review and an opportunity for more robust dialogue. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt staff’s recommendation to approve Resolution No. 2023-121 and continue the Public Hearing on the Transportation Development Impact Fees to the Regular City Council Meeting on January 17, 202 4 in Council Chambers, 10500 Civic Center Drive, at 7:00 p.m. Motion carried 5-0. G3. Public Hearing for Consideration of a Resolution Adopting and Approving the Issuance of Bonds by the California Statewide Communities Development Authority in the Amount not to Exceed $12 Million to Improve and Rehab the Physical Condition of Pepperwood Apartments Located at 9055 Foothill Blvd., Rancho Cucamonga. (RESOLUTION NO. 2023-117) (CITY) Assistant City Manager Cox introduced Flavio Nunez, Management Analyst II, who provided a verbal report for item G3. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to adopt Resolution No. 2023-117, approving the issuance of bonds by the California Statewide Communities Development Authority in the amount not to exceed $12 million to improve and rehab the physical condition of Pepperwood Apartments located at 9055 Foothill Blvd., Rancho Cucamonga. Motion carried 5-0. H.CITY MANAGER'S STAFF REPORT(S) None. Page 12 of 882 *DRAFT* December 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 I. COUNCIL BUSINESS I1. Consideration of City Council's Appointment of Their Respective Member to Cucamonga Valley Water District's Conservation Regulations Coalition. (CITY) Assistant City Manager Cox introduced Michael Parmer, Assistant to the City Manager, who provided a verbal report for item I1. MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to appoint Council Member Stickler to serve as Rancho Cucamonga’s Respective Member for the Cucamonga Valley Water District's Conservation Regulations Coalition. Motion carried 5-0. I1. COUNCIL ANNOUNCEMENTS None. I2. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli noted that there was no reportable action taken during Closed Session held earlier that evening. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 7:59 p.m. Approved: Linda A. Troyan, MMC City Clerk Services Director Page 13 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,824,635.42 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $4,784,419.41 Dated November 27, 2023, Through December 10, 2023. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,417,839.06 and $1,406,796.36 for the City and the Fire District, respectively. Weekly check register amounts are $3,993,595.77 and $790,823.64 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 14 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00016785 11/29/2023 AIR EXCHANGE INC 0.00 1,257.64 1,257.64 AP 00016786 11/29/2023 ALLSTAR FIRE EQUIPMENT INC 0.00 1,018.24 1,018.24 ***AP 00016787 11/29/2023 AMG & ASSOCIATES INC 570.00 599,690.69 600,260.69 AP 00016788 11/29/2023 ASSI SECURITY 1,300.00 0.00 1,300.00 AP 00016789 11/29/2023 CALAMP WIRELESS NETWORKS CORP 750.00 0.00 750.00 AP 00016790 11/29/2023 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 28,717.25 0.00 28,717.25 AP 00016791 11/29/2023 DATA TICKET INC 7,180.54 0.00 7,180.54 AP 00016792 11/29/2023 DELTA DENTAL OF CALIFORNIA 42,772.74 0.00 42,772.74 AP 00016793 11/29/2023 FEHR & PEERS 2,495.00 0.00 2,495.00 ***AP 00016794 11/29/2023 GOLDEN STATE RISK MANAGEMENT AUTHORITY 119,263.00 1,393.00 120,656.00 AP 00016795 11/29/2023 KEITH, JORRY 630.00 0.00 630.00 AP 00016796 11/29/2023 MERRIMAC PETROLEUM INC 34,740.58 0.00 34,740.58 ***AP 00016797 11/29/2023 NAPA AUTO PARTS 509.37 937.46 1,446.83 AP 00016798 11/29/2023 NATIONWIDE PREMIUM HOLDING 952.18 0.00 952.18 AP 00016799 11/29/2023 RCCEA 1,475.00 0.00 1,475.00 AP 00016800 11/29/2023 RCPFA 16,300.47 0.00 16,300.47 ***AP 00016801 11/29/2023 RICHARDS WATSON & GERSHON 85,062.70 1,738.10 86,800.80 AP 00016802 11/29/2023 SHELL ENERGY NORTH AMERICA 498,674.73 0.00 498,674.73 AP 00016803 12/06/2023 AMAZON WEB SERVICES INC 3,788.07 0.00 3,788.07 AP 00016804 12/06/2023 ANDERSON'S PLAYSCHOOL 8,445.00 0.00 8,445.00 AP 00016805 12/06/2023 BUREAU OF RECLAMATION 1,085.22 0.00 1,085.22 ***AP 00016806 12/06/2023 CALAMP WIRELESS NETWORKS CORP 53,512.12 9,950.00 63,462.12 AP 00016807 12/06/2023 DELTA DENTAL INSURANCE COMPANY 930.96 0.00 930.96 AP 00016808 12/06/2023 DELTA DENTAL OF CALIFORNIA 45,627.79 0.00 45,627.79 AP 00016809 12/06/2023 DIAMOND ENVIRONMENTAL SERVICES 811.00 0.00 811.00 AP 00016810 12/06/2023 ELECNOR BELCO ELECTRIC INC 12,187.47 0.00 12,187.47 AP 00016811 12/06/2023 GRAVES & KING LLP 22,921.23 0.00 22,921.23 AP 00016812 12/06/2023 HAMPTON LIVING 576.00 0.00 576.00 AP 00016813 12/06/2023 HERC RENTALS INC 1,492.52 0.00 1,492.52 AP 00016814 12/06/2023 KEITH, JORRY 84.00 0.00 84.00 ***AP 00016815 12/06/2023 NAPA AUTO PARTS 12.44 137.27 149.71 AP 00016816 12/06/2023 NATIONAL UTILITY LOCATORS LLC 1,050.00 0.00 1,050.00 AP 00016817 12/06/2023 PRIVATE BRAND MFG 1,799.43 0.00 1,799.43 AP 00016818 12/06/2023 RICHARDS WATSON & GERSHON 10,281.28 0.00 10,281.28 AP 00016819 12/06/2023 US DEPARTMENT OF ENERGY 7,821.65 0.00 7,821.65 AP 00016820 12/06/2023 YUNEX LLC 16,811.20 0.00 16,811.20 AP 00441523 11/29/2023 ALTA LAGUNA MOBILE HOME PARK - CA LLC 400.00 0.00 400.00 AP 00441524 11/29/2023 ALTA VISTA MOBILE HOME PARK 292.58 0.00 292.58 AP 00441525 11/29/2023 AT&T 500.00 0.00 500.00 ***AP 00441526 11/29/2023 AUFBAU CORPORATION 11,785.00 11,785.00 23,570.00 AP 00441527 11/29/2023 AUNTIE M CREATIVE CONSULTANTS INC 1,750.50 0.00 1,750.50 AP 00441528 11/29/2023 BEST OUTDOOR POWER INLAND LLC 82.39 0.00 82.39 AP 00441529 11/29/2023 BPR CONSULTING GROUP LLC 3,346.53 0.00 3,346.53 AP 00441530 11/29/2023 BURRTEC WASTE INDUSTRIES INC 136,985.57 0.00 136,985.57 ***AP 00441534 11/29/2023 C V W D 46,721.21 760.53 47,481.74 AP 00441535 11/29/2023 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 AP 00441536 11/29/2023 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 15 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441537 11/29/2023 CAMERON WELDING 17.13 0.00 17.13 AP 00441538 11/29/2023 CAMPOS, CARINA 167.42 0.00 167.42 AP 00441539 11/29/2023 CASA VOLANTE ESTATES 600.00 0.00 600.00 AP 00441540 11/29/2023 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00 AP 00441541 11/29/2023 CINTAS CORPORATION 2,480.89 0.00 2,480.89 ***AP 00441542 11/29/2023 CITIZENS BUSINESS BANK 30.00 31,562.67 31,592.67 AP 00441543 11/29/2023 CITRUS MOTORS ONTARIO INC 1,258.61 0.00 1,258.61 AP 00441544 11/29/2023 CLIMATEC LLC 2,922.00 0.00 2,922.00 AP 00441545 11/29/2023 COAST FITNESS REPAIR SHOP 1,136.87 0.00 1,136.87 AP 00441546 11/29/2023 CONLON CONSTRUCTION CO 15,000.00 0.00 15,000.00 AP 00441547 11/29/2023 CR&A CUSTOM INC 3,086.68 0.00 3,086.68 AP 00441548 11/29/2023 D & K CONCRETE COMPANY 0.00 2,539.48 2,539.48 AP 00441549 11/29/2023 DADDONA, GEORGE A 600.00 0.00 600.00 AP 00441550 11/29/2023 DAPEER ROSENBLIT & LITVAK LLP 7,577.82 0.00 7,577.82 AP 00441551 11/29/2023 DEPENDABLE COMPANY INC 37.50 0.00 37.50 ***AP 00441552 11/29/2023 DUDEK 4,611.25 3,467.50 8,078.75 AP 00441553 11/29/2023 EMERGENCY MEDICAL PRODUCTS 0.00 568.22 568.22 AP 00441554 11/29/2023 EXECUTIVE DETAIL SERVICES 0.00 300.00 300.00 AP 00441555 11/29/2023 EXPERIAN 52.00 0.00 52.00 AP 00441556 11/29/2023 EXPRESS BRAKE SUPPLY INC 1,154.36 0.00 1,154.36 AP 00441557 11/29/2023 FEDERAL EXPRESS CORP 47.11 0.00 47.11 AP 00441558 11/29/2023 FERNANDEZ, CESAR 7,500.00 0.00 7,500.00 AP 00441559 11/29/2023 FIALLOS, WILSON 2,340.00 0.00 2,340.00 AP 00441560 11/29/2023 FIRE APPARATUS SOLUTIONS 0.00 484.62 484.62 AP 00441561 11/29/2023 FISCHER, GRETCHEN 500.00 0.00 500.00 AP 00441562 11/29/2023 FLAG SYSTEMS INC 2,850.00 0.00 2,850.00 AP 00441563 11/29/2023 FLEETPRIDE 0.00 272.15 272.15 AP 00441564 11/29/2023 FRANKLIN TRUCK PARTS INC 0.00 1,639.88 1,639.88 ***AP 00441566 11/29/2023 FRONTIER COMM 2,223.39 926.41 3,149.80 ***AP 00441567 11/29/2023 FRONTIER COMM 191.08 445.85 636.93 AP 00441568 11/29/2023 FRONTIER COMM 3,896.47 0.00 3,896.47 AP 00441569 11/29/2023 FRS ENVIRONMENTAL 392.18 0.00 392.18 AP 00441570 11/29/2023 G/M BUSINESS INTERIORS 11,119.47 0.00 11,119.47 AP 00441571 11/29/2023 GARCIA, CARLOS 82.94 0.00 82.94 AP 00441572 11/29/2023 GARCIA, MIGUEL ANGEL 900.00 0.00 900.00 AP 00441573 11/29/2023 GILKEY, JOHN A 250.00 0.00 250.00 AP 00441574 11/29/2023 GOLDSTAR ASPHALT PRODUCTS 11,475.38 0.00 11,475.38 AP 00441575 11/29/2023 GOTCHANOUGH LLC 1,769.59 0.00 1,769.59 ***AP 00441576 11/29/2023 GRAINGER 585.95 439.34 1,025.29 AP 00441577 11/29/2023 GRAPHICS FACTORY PRINTING INC 192.40 0.00 192.40 AP 00441578 11/29/2023 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00441579 11/29/2023 HOLLIDAY ROCK CO INC 1,655.04 0.00 1,655.04 AP 00441580 11/29/2023 HOMETOWN AMERICA - RAMONA VILLA MHP 300.00 0.00 300.00 AP 00441581 11/29/2023 INLAND EMPIRE COMMUNITY NEWSPAPERS 315.00 0.00 315.00 AP 00441582 11/29/2023 INTERSTATE ALL BATTERY CENTER 765.76 0.00 765.76 AP 00441583 11/29/2023 KIMBALL MIDWEST 788.98 0.00 788.98 AP 00441584 11/29/2023 KLEIN PRODUCTS 999.73 0.00 999.73 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 16 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441585 11/29/2023 KVL TIRES INC 3,223.32 0.00 3,223.32 AP 00441586 11/29/2023 LERCH, KAMRYN 157.77 0.00 157.77 AP 00441587 11/29/2023 LOZANO SMITH LLP 974.00 0.00 974.00 AP 00441588 11/29/2023 MARIPOSA LANDSCAPES INC 32,877.90 0.00 32,877.90 AP 00441589 11/29/2023 MARK CHRISTOPHER AUTO CENTER INC 576.71 0.00 576.71 AP 00441590 11/29/2023 MARTINEZ, STEPHANIE 29.07 0.00 29.07 ***AP 00441591 11/29/2023 MESA ENERGY SYSTEMS INC 13,821.70 3,921.35 17,743.05 AP 00441592 11/29/2023 MIG INC 60,802.50 0.00 60,802.50 AP 00441593 11/29/2023 MONTGOMERY HARDWARE CO 667.19 0.00 667.19 AP 00441594 11/29/2023 MYERS TIRE SUPPLY COMPANY 98.23 0.00 98.23 AP 00441595 11/29/2023 NATIONAL UTILITY LOCATORS LLC 1,575.00 0.00 1,575.00 AP 00441596 11/29/2023 NAUMANN HOBBS MATERIAL HANDLING 4,026.45 0.00 4,026.45 AP 00441597 11/29/2023 NG, SHUK FAN 11.52 0.00 11.52 AP 00441598 11/29/2023 NIU, DEJUN 64.06 0.00 64.06 ***AP 00441599 11/29/2023 ODP BUSINESS SOLUTIONS LLC 5,215.38 1,850.74 7,066.12 AP 00441600 11/29/2023 ONWARD ENGINEERING 28,525.00 0.00 28,525.00 AP 00441601 11/29/2023 PACIFIC UTILITY INSTALLATION INC 156,736.70 0.00 156,736.70 AP 00441602 11/29/2023 PALMER CONSULTING 6,300.00 0.00 6,300.00 AP 00441603 11/29/2023 PARS 3,500.00 0.00 3,500.00 AP 00441604 11/29/2023 PARTS AUTHORITY LLC, THE 457.12 0.00 457.12 AP 00441605 11/29/2023 PASCHALIS, DARNI 25.11 0.00 25.11 AP 00441606 11/29/2023 PAYMENTUS CORPORATION 1,003.00 0.00 1,003.00 AP 00441607 11/29/2023 PERSITZA, ADAM 0.00 320.00 320.00 ***AP 00441608 11/29/2023 PFM ASSET MANAGEMENT LLC 16,460.04 2,807.17 19,267.21 AP 00441609 11/29/2023 POSTAL PERFECT 165.00 0.00 165.00 AP 00441610 11/29/2023 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 AP 00441611 11/29/2023 RANCHO CUCAMONGA TOWN SQUARE 54,727.50 0.00 54,727.50 AP 00441612 11/29/2023 RANCHO SMOG CENTER 99.90 0.00 99.90 AP 00441613 11/29/2023 RAPID DIESEL REPAIR LLC 983.01 0.00 983.01 AP 00441614 11/29/2023 RETAIL LEASE TRAC 1,825.00 0.00 1,825.00 AP 00441615 11/29/2023 RUBEN'S AUTO COLLISION CENTER INC 3,188.09 0.00 3,188.09 AP 00441616 11/29/2023 SANGODKAR, SANDEEP 59.96 0.00 59.96 AP 00441617 11/29/2023 SBPEA 2,513.33 0.00 2,513.33 AP 00441618 11/29/2023 SBSTAR DOGS - SBSAR UNIT 207 750.00 0.00 750.00 AP 00441619 11/29/2023 SCRRA 14,190.00 0.00 14,190.00 AP 00441620 11/29/2023 SHOETERIA INC 134.02 0.00 134.02 AP 00441621 11/29/2023 SHRED PROS 65.00 0.00 65.00 AP 00441622 11/29/2023 SITEONE LANDSCAPE SUPPLY LLC 1,072.21 0.00 1,072.21 AP 00441624 11/29/2023 SOCAL PPE 0.00 16,458.90 16,458.90 AP 00441625 11/29/2023 SOCIAL VOCATIONAL SERVICES 1,534.50 0.00 1,534.50 AP 00441626 11/29/2023 SOUTH COAST AQMD 0.00 1,479.77 1,479.77 ***AP 00441629 11/29/2023 SOUTHERN CALIFORNIA EDISON 27,163.69 1,675.55 28,839.24 AP 00441630 11/29/2023 SOUTHERN CALIFORNIA EDISON 3,457.05 0.00 3,457.05 AP 00441631 11/29/2023 SOUTHERN CALIFORNIA NEWS GROUP 4,299.03 0.00 4,299.03 ***AP 00441632 11/29/2023 STANLEY PEST CONTROL 2,360.00 810.00 3,170.00 AP 00441633 11/29/2023 STOTZ EQUIPMENT 1,422.46 0.00 1,422.46 AP 00441634 11/29/2023 SUNRISE FORD 108.68 0.00 108.68 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 17 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441635 11/29/2023 SUNRUN INSTALLATION SERVICES INC 299.50 0.00 299.50 AP 00441636 11/29/2023 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00441637 11/29/2023 TIREHUB LLC 889.66 0.00 889.66 AP 00441638 11/29/2023 TOLL ROADS VIOLATIONS DEPT, THE 7.07 0.00 7.07 AP 00441639 11/29/2023 TOLL ROADS VIOLATIONS DEPT, THE 59.66 0.00 59.66 AP 00441640 11/29/2023 TRUEPOINT SOLUTIONS 1,155.00 0.00 1,155.00 AP 00441641 11/29/2023 U.S. BANK PARS ACCT #6746022500 12,056.72 0.00 12,056.72 AP 00441642 11/29/2023 U.S. BANK PARS ACCT #6746022500 1,144.38 0.00 1,144.38 AP 00441643 11/29/2023 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00441644 11/29/2023 UNITED RENTALS NORTH AMERICA INC 1,125.83 0.00 1,125.83 AP 00441645 11/29/2023 UNITY COURIER SERVICE INC 1,468.13 0.00 1,468.13 AP 00441646 11/29/2023 UPS 12.00 0.00 12.00 AP 00441647 11/29/2023 VALINOTTI, MICHAEL 2,500.00 0.00 2,500.00 AP 00441648 11/29/2023 VELOCITY TRUCK CENTERS 47.37 0.00 47.37 AP 00441649 11/29/2023 VERITEXT 1,024.95 0.00 1,024.95 AP 00441650 11/29/2023 VICTOR MEDICAL COMPANY 155.46 0.00 155.46 AP 00441651 11/29/2023 VIRGIN PULSE INC 1,188.00 0.00 1,188.00 AP 00441652 11/29/2023 VISION SERVICE PLAN CA 11,261.67 0.00 11,261.67 AP 00441653 11/29/2023 VULCAN MATERIALS COMPANY 113.10 0.00 113.10 ***AP 00441654 11/29/2023 WALTERS WHOLESALE ELECTRIC CO 2,571.23 68.71 2,639.94 AP 00441655 11/29/2023 WANG, QIAN 59.01 0.00 59.01 ***AP 00441656 11/29/2023 WAXIE SANITARY SUPPLY 709.21 121.07 830.28 AP 00441657 11/29/2023 WEST COAST ARBORISTS INC 40,947.40 0.00 40,947.40 AP 00441658 11/29/2023 WESTRUX INTERNATIONAL INC 0.00 102.95 102.95 AP 00441659 11/29/2023 WHITE CAP LP 0.00 370.54 370.54 AP 00441660 11/29/2023 WILSON & BELL AUTO SERVICE 7,507.79 0.00 7,507.79 AP 00441661 11/29/2023 WINZER CORPORATION 0.00 21.93 21.93 AP 00441662 11/29/2023 YAMADA ENTERPRISES 25,706.89 0.00 25,706.89 AP 00441663 12/06/2023 34TH STREET INC 6,752.78 0.00 6,752.78 AP 00441664 12/06/2023 ABC LOCKSMITHS INC 514.54 0.00 514.54 AP 00441665 12/06/2023 ACTIVE 911 INC 0.00 1,593.93 1,593.93 AP 00441666 12/06/2023 AIR & HOSE SOURCE INC 51.72 0.00 51.72 AP 00441667 12/06/2023 ALLIED UNIVERSAL SECURITY SERVICES 12,761.68 0.00 12,761.68 AP 00441668 12/06/2023 ALPHAGRAPHICS 151.66 0.00 151.66 AP 00441669 12/06/2023 ALTA LOMA ANIMAL HOSPITAL 2,000.00 0.00 2,000.00 AP 00441670 12/06/2023 ALVAREZ, MARIA ELENA 840.00 0.00 840.00 AP 00441671 12/06/2023 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,742.94 0.00 1,742.94 AP 00441672 12/06/2023 BALANTAC, RENZ 13.30 0.00 13.30 AP 00441673 12/06/2023 BAST, KAROLYN 147.00 0.00 147.00 AP 00441674 12/06/2023 BEST OUTDOOR POWER INLAND LLC 164.83 0.00 164.83 AP 00441675 12/06/2023 BON AIR INC 32,300.00 0.00 32,300.00 AP 00441676 12/06/2023 BORDIN SEMMER LLP 4,825.51 0.00 4,825.51 AP 00441677 12/06/2023 BOURLAND, CAROL JEAN 180.00 0.00 180.00 AP 00441678 12/06/2023 BOYD, PRESTON 36.00 0.00 36.00 AP 00441679 12/06/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 4,601.33 0.00 4,601.33 AP 00441680 12/06/2023 C P GENERATOR INC 183.18 0.00 183.18 ***AP 00441681 12/06/2023 C V W D 148.83 347.25 496.08 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 18 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount ***AP 00441687 12/06/2023 C V W D 70,991.45 732.18 71,723.63 AP 00441688 12/06/2023 CALIF CITY MANAGEMENT FOUNDATION 400.00 0.00 400.00 AP 00441689 12/06/2023 CALIF DEPARTMENT OF TRANSPORTATION 12,768.81 0.00 12,768.81 AP 00441690 12/06/2023 CALIFORNIA ACADEMY FOR ECONOMIC DEVELOPMENT 200.00 0.00 200.00 AP 00441691 12/06/2023 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00441692 12/06/2023 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 AP 00441693 12/06/2023 CAPITOL ENQUIRY 141.16 0.00 141.16 AP 00441694 12/06/2023 CHAMPION AWARDS & SPECIALTIES 258.60 0.00 258.60 AP 00441695 12/06/2023 CHANG, JONATHAN 650.00 0.00 650.00 ***AP 00441696 12/06/2023 CHARTER COMMUNICATIONS 4,415.49 6,168.94 10,584.43 AP 00441697 12/06/2023 CHARTER COMMUNICATIONS 500.00 0.00 500.00 AP 00441698 12/06/2023 CHIEF ELECTRIC INC 12,238.32 0.00 12,238.32 AP 00441699 12/06/2023 CINTAS CORPORATION 2,459.78 0.00 2,459.78 AP 00441700 12/06/2023 CITRUS MOTORS ONTARIO INC 61,808.59 0.00 61,808.59 AP 00441701 12/06/2023 CLARK, KAREN 1,248.00 0.00 1,248.00 AP 00441702 12/06/2023 COAST FITNESS REPAIR SHOP 150.00 0.00 150.00 AP 00441703 12/06/2023 COLLINS & COLLINS LLP 4,505.43 0.00 4,505.43 AP 00441704 12/06/2023 COUNSELING TEAM INTERNATIONAL, THE 0.00 1,425.00 1,425.00 AP 00441705 12/06/2023 COVETRUS NORTH AMERICA 619.52 0.00 619.52 AP 00441706 12/06/2023 CPRS 310.00 0.00 310.00 AP 00441707 12/06/2023 D & K CONCRETE COMPANY 328.42 0.00 328.42 AP 00441708 12/06/2023 DAISYECO INC 192.50 0.00 192.50 AP 00441709 12/06/2023 DANIELS TIRE SERVICE 1,866.44 0.00 1,866.44 AP 00441710 12/06/2023 DELL MARKETING LP 18,188.87 0.00 18,188.87 AP 00441711 12/06/2023 DEPARTMENT OF JUSTICE 1,040.00 0.00 1,040.00 AP 00441712 12/06/2023 DGO AUTO DETAILING 395.00 0.00 395.00 AP 00441713 12/06/2023 DOLLARHIDE, GINGER 453.00 0.00 453.00 AP 00441714 12/06/2023 DUKE-SEXTON, SHEILA 200.73 0.00 200.73 AP 00441715 12/06/2023 DUNN-EDWARDS CORPORATION 1,005.30 0.00 1,005.30 AP 00441716 12/06/2023 ESTRADA, ARACELY 167.42 0.00 167.42 AP 00441717 12/06/2023 EXPRESS BRAKE SUPPLY INC 83.52 0.00 83.52 AP 00441718 12/06/2023 FACTORY MOTOR PARTS 0.00 3,258.07 3,258.07 AP 00441719 12/06/2023 FAVELA, RICHARD 2,300.00 0.00 2,300.00 AP 00441720 12/06/2023 FEDERAL EXPRESS CORP 29.44 0.00 29.44 AP 00441721 12/06/2023 FIALLOS, WILSON 1,020.00 0.00 1,020.00 AP 00441722 12/06/2023 FOSTER, ELAINE 307.03 0.00 307.03 AP 00441723 12/06/2023 FOUR POINTS BY SHERATON 1,730.74 0.00 1,730.74 AP 00441724 12/06/2023 FRONTIER COMM 1,500.00 0.00 1,500.00 ***AP 00441725 12/06/2023 FUEL SERV 2,044.59 3,910.00 5,954.59 AP 00441726 12/06/2023 GIORDANO, MARIANNA 84.00 0.00 84.00 AP 00441727 12/06/2023 GLACKEN, SHANNON 67.48 0.00 67.48 AP 00441728 12/06/2023 GLOBAL MUSIC RIGHTS LLC 2,000.00 0.00 2,000.00 AP 00441729 12/06/2023 GLOBALSTAR USA 180.14 0.00 180.14 ***AP 00441730 12/06/2023 GRAINGER 2,363.37 224.63 2,588.00 AP 00441731 12/06/2023 HAAKER EQUIPMENT COMPANY 301.41 0.00 301.41 AP 00441732 12/06/2023 HERITAGE WELLNESS COLLECTIVE 1,252.00 0.00 1,252.00 AP 00441733 12/06/2023 HILL'S PET NUTRITION SALES INC 1,188.76 0.00 1,188.76 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 19 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441734 12/06/2023 HOLLIDAY ROCK CO INC 828.60 0.00 828.60 AP 00441735 12/06/2023 HORN, MELVILLE 18.71 0.00 18.71 AP 00441736 12/06/2023 HOSE-MAN INC 40.59 0.00 40.59 AP 00441737 12/06/2023 HOYT, TIMOTHY 0.00 320.00 320.00 AP 00441738 12/06/2023 HPE CONCRETE INC 500.00 0.00 500.00 AP 00441739 12/06/2023 IDEXX DISTRIBUTION INC 1,204.79 0.00 1,204.79 AP 00441740 12/06/2023 INLAND OVERHEAD DOOR COMPANY 0.00 946.50 946.50 AP 00441741 12/06/2023 INSIGHT PUBLIC SECTOR INC 17,715.32 0.00 17,715.32 AP 00441742 12/06/2023 INTELESYS 256.00 0.00 256.00 AP 00441743 12/06/2023 IPERMIT 230.86 0.00 230.86 AP 00441744 12/06/2023 ITRON INC 10,048.16 0.00 10,048.16 AP 00441745 12/06/2023 J J KELLER & ASSOCIATES INC 1,095.00 0.00 1,095.00 AP 00441746 12/06/2023 JDRS PROPERTY MANAGEMENT 83.25 0.00 83.25 AP 00441747 12/06/2023 KAISER FOUNDATION HEALTH PLAN INC 250,822.71 0.00 250,822.71 AP 00441748 12/06/2023 LEAGUE OF CALIFORNIA CITIES 480.00 0.00 480.00 AP 00441749 12/06/2023 LEAGUE OF CALIFORNIA CITIES 500.00 0.00 500.00 AP 00441750 12/06/2023 LITTLE BEAR PRODUCTIONS 650.00 0.00 650.00 AP 00441751 12/06/2023 LONG, REO ELIZABEHT 600.00 0.00 600.00 AP 00441752 12/06/2023 LOPEZ, RAYMOND 657.51 0.00 657.51 AP 00441753 12/06/2023 MAGELLAN ADVISORS LLC 3,500.00 0.00 3,500.00 AP 00441754 12/06/2023 MARIPOSA LANDSCAPES INC 6,192.57 0.00 6,192.57 AP 00441755 12/06/2023 MCTD HOLDING LLC 168.30 0.00 168.30 AP 00441756 12/06/2023 MEDIWASTE DISPOSAL LLC 40.16 0.00 40.16 AP 00441757 12/06/2023 MIDWEST VETERINARY SUPPLY INC 900.46 0.00 900.46 AP 00441758 12/06/2023 MONTGOMERY HARDWARE CO 903.49 0.00 903.49 AP 00441759 12/06/2023 MR T'S TOWING INC 330.00 0.00 330.00 AP 00441760 12/06/2023 MUSIC LAND 269.50 0.00 269.50 AP 00441761 12/06/2023 MUSIC TREE 1,116.00 0.00 1,116.00 AP 00441762 12/06/2023 MWI ANIMAL HEALTH 184.16 0.00 184.16 AP 00441763 12/06/2023 NEW IMAGE COMMERCIAL FLOORING 35,594.65 0.00 35,594.65 AP 00441764 12/06/2023 NINYO & MOORE 0.00 898.00 898.00 AP 00441765 12/06/2023 OCCUPATIONAL HEALTH CENTERS OF CA 3,618.00 0.00 3,618.00 AP 00441766 12/06/2023 OCCUPATIONAL HEALTH CENTERS OF CA 0.00 17,085.00 17,085.00 ***AP 00441767 12/06/2023 ODP BUSINESS SOLUTIONS LLC 4,481.35 136.74 4,618.09 AP 00441768 12/06/2023 ONTARIO SPAY & NEUTER INC 3,200.00 0.00 3,200.00 AP 00441769 12/06/2023 ONTARIO VETERINARY HOSPITAL 200.00 0.00 200.00 AP 00441770 12/06/2023 OTT, SHARON 1,099.80 0.00 1,099.80 AP 00441771 12/06/2023 PACIFIC PRODUCTS & SERVICES 1,452.69 0.00 1,452.69 AP 00441772 12/06/2023 PACIFIC UTILITY INSTALLATION INC 178,585.39 0.00 178,585.39 AP 00441773 12/06/2023 PATTON SALES CORP 0.00 238.77 238.77 AP 00441774 12/06/2023 PEPE'S TOWING SERVICE 350.00 0.00 350.00 AP 00441775 12/06/2023 PICHETTO, DEBRA 171.00 0.00 171.00 AP 00441776 12/06/2023 POLARIS SALES INC 0.00 32,671.36 32,671.36 AP 00441777 12/06/2023 PROHEALTH PARTNERS INC 0.00 1,350.00 1,350.00 AP 00441778 12/06/2023 PSA PRINT GROUP 155.08 0.00 155.08 AP 00441779 12/06/2023 PUBLIC GROUP OF CA LLC, THE 1,361.63 0.00 1,361.63 AP 00441780 12/06/2023 RANCHO WEST ANIMAL HOSPITAL 700.00 0.00 700.00 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 20 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441781 12/06/2023 RHA LANDSCAPE ARCHITECTS-PLANNERS INC 5,485.43 0.00 5,485.43 AP 00441782 12/06/2023 RYDIN 462.47 0.00 462.47 AP 00441783 12/06/2023 SACHIN CHATTA 100.00 0.00 100.00 AP 00441784 12/06/2023 SAFELITE FULFILLMENT INC 618.82 0.00 618.82 ***AP 00441785 12/06/2023 SAFETY-KLEEN SYSTEMS INC 404.18 564.78 968.96 AP 00441786 12/06/2023 SAFEWAY SIGN COMPANY 1,355.47 0.00 1,355.47 AP 00441787 12/06/2023 SAN BERNARDINO CNTY FIRE PROTECTION DIST 465.00 0.00 465.00 AP 00441788 12/06/2023 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 8,091.12 8,091.12 AP 00441789 12/06/2023 SAN DIEGO ICE MACHINES COMPANY 12,750.00 0.00 12,750.00 AP 00441790 12/06/2023 SCOTT MCLEOD PLUMBING INC 23,585.00 0.00 23,585.00 AP 00441791 12/06/2023 SEGAAR, AARON 0.00 324.00 324.00 AP 00441792 12/06/2023 SEQUEL CONTRACTORS INC 488,649.88 0.00 488,649.88 AP 00441793 12/06/2023 SEQUEL CONTRACTORS INC 407,037.71 0.00 407,037.71 AP 00441794 12/06/2023 SEQUEL CONTRACTORS INC 239,245.63 0.00 239,245.63 AP 00441795 12/06/2023 SHEAKLEY PENSION ADMINISTRATION 0.00 190.00 190.00 AP 00441796 12/06/2023 SHEAKLEY PENSION ADMINISTRATION 367.60 0.00 367.60 AP 00441797 12/06/2023 SHRED PROS 0.00 68.00 68.00 AP 00441798 12/06/2023 SIDEPATH INC 2,187.78 0.00 2,187.78 AP 00441799 12/06/2023 SIGURDSON, JADE MICHAEL ANNE 1,080.00 0.00 1,080.00 AP 00441800 12/06/2023 SILVER & WRIGHT LLP 763.20 0.00 763.20 AP 00441801 12/06/2023 SITEONE LANDSCAPE SUPPLY LLC 2,365.92 0.00 2,365.92 AP 00441802 12/06/2023 SMITH PIPE & SUPPLY INC 83.10 0.00 83.10 AP 00441804 12/06/2023 SOUTHERN CALIFORNIA EDISON 11,119.19 0.00 11,119.19 ***AP 00441805 12/06/2023 SOUTHERN CALIFORNIA EDISON 906.65 2,115.53 3,022.18 AP 00441806 12/06/2023 STABILIZER SOLUTIONS INC 1,814.20 0.00 1,814.20 AP 00441807 12/06/2023 STANDARD INSURANCE COMPANY 14,098.46 0.00 14,098.46 AP 00441808 12/06/2023 STANDARD INSURANCE COMPANY 2,712.50 0.00 2,712.50 AP 00441809 12/06/2023 STOTZ EQUIPMENT 874.96 0.00 874.96 AP 00441810 12/06/2023 SUNRUN INSTALLATION SERVICES INC 67.86 0.00 67.86 AP 00441811 12/06/2023 SUPERIOR PAVEMENT MARKINGS INC 608.50 0.00 608.50 AP 00441812 12/06/2023 TECH 24 COMMERCIAL FOODSERVICE REPAIR INC 4,983.34 0.00 4,983.34 AP 00441813 12/06/2023 THOMPSON BUILDING MATERIALS 0.00 92.10 92.10 AP 00441814 12/06/2023 THOMPSON PLUMBING SUPPLY INC 3,842.10 0.00 3,842.10 AP 00441815 12/06/2023 TINT CITY WINDOW TINTING 550.00 0.00 550.00 AP 00441816 12/06/2023 TORO TOWING 550.00 0.00 550.00 AP 00441817 12/06/2023 TRYFYTT 98.00 0.00 98.00 AP 00441818 12/06/2023 TYUS, IDA 960.00 0.00 960.00 AP 00441819 12/06/2023 UNIVERSAL FLEET SUPPLY 0.00 75.40 75.40 AP 00441820 12/06/2023 UPLAND ANIMAL HOSPITAL 500.00 0.00 500.00 AP 00441821 12/06/2023 UPS 30.00 0.00 30.00 AP 00441822 12/06/2023 URBAN3 2,708.00 0.00 2,708.00 AP 00441823 12/06/2023 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00441824 12/06/2023 VARGAS, ALFREDO 500.00 0.00 500.00 AP 00441825 12/06/2023 VELOCITY TRUCK CENTERS 54.94 0.00 54.94 AP 00441826 12/06/2023 VERIZON WIRELESS - LA 0.00 4,356.30 4,356.30 AP 00441827 12/06/2023 VICTOR MEDICAL COMPANY 946.89 0.00 946.89 AP 00441828 12/06/2023 VICTORIA ANIMAL HOSPITAL 200.00 0.00 200.00 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 21 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount AP 00441829 12/06/2023 VULCAN MATERIALS COMPANY 454.44 0.00 454.44 AP 00441830 12/06/2023 WALTERS WHOLESALE ELECTRIC CO 894.17 0.00 894.17 AP 00441831 12/06/2023 WAXIE SANITARY SUPPLY 22.61 0.00 22.61 AP 00441832 12/06/2023 WE INC 750.00 0.00 750.00 AP 00441833 12/06/2023 WEST COAST ARBORISTS INC 3,490.00 0.00 3,490.00 AP 00441834 12/06/2023 WESTERN STATES TRANSMISSIONS 11,486.88 0.00 11,486.88 AP 00441835 12/06/2023 WILBUR-ELLIS COMPANY 1,766.11 0.00 1,766.11 AP 00441836 12/06/2023 WILLDAN GROUP 5,375.00 0.00 5,375.00 AP 00441837 12/06/2023 WILLDAN GROUP 500.00 0.00 500.00 AP 00441838 12/06/2023 XEROX FINANCIAL SERVICES 2,660.13 0.00 2,660.13 AP 00441839 12/06/2023 ZHAO, CHAO 75.72 0.00 75.72 AP 00441840 12/07/2023 DICUS SHERIFF-CORONER, SHANNON D 458.40 0.00 458.40 AP 00441841 12/07/2023 FIRST AMERICAN TITLE INSURANCE CO 0.00 1,200.00 1,200.00 ***AP 00441842 12/07/2023 FRONTIER COMM 2,579.53 545.12 3,124.65 AP 00441843 12/07/2023 GARCIA, MIGUEL ANGEL 700.00 0.00 700.00 ***AP 00441846 12/07/2023 LOWES COMPANIES INC 9,680.87 572.19 10,253.06 AP 00441847 12/07/2023 SAM'S CLUB / SYNCHRONY BANK 46.43 0.00 46.43 $3,993,595.77 $4,784,419.41 $790,823.64 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:00:45 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 22 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $19,134,82 Dated November 27, 2023, Through December 10, 2023. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $18,249.28 and $885.54 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 23 of 882 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 11/27/2023 through 12/10/2023 Check No.Check Date Vendor Name City Fire Amount ***AP 00441623 11/29/2023 SOCAL GAS 6,261.07 288.76 6,549.83 ***AP 00441803 12/06/2023 SOCAL GAS 11,988.21 596.78 12,584.99 $18,249.28 $19,134.82 $885.54 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:07:58 12/11/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 24 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Elisa Cox, Assistant City Manager/Administrative Services Director Tamara L. Oatman, Finance Director Jason A. Shields, Management Analyst II SUBJECT:Consideration to Receive and File Current Investment Schedules as of November 30, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District receive and file the attached current investment schedules for the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (District) as of November 30, 2023. BACKGROUND: The attached investment schedules as of November 30, 2023 reflect cash and investments managed by the Finance Department/Revenue Management Division and are in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies as approved on June 22, 2023. ANALYSIS: The City’s and District’s Treasurers are each required to submit a quarterly investment report to the City Council and the Fire Board, respectively, in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City and District Treasurers have each elected to provide this report on a monthly basis. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The monthly investment schedule supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s investment portfolio to ensure that financial resources are available to support the various services the city provides to all Rancho Cucamonga stakeholders. ATTACHMENTS: Attachment 1 - Investment Schedule (City) Attachment 2 - Investment Schedule (Fire) Page 25 of 882 Page 26 of 882 Page 27 of 882 Page 28 of 882 Page 29 of 882 Page 30 of 882 Page 31 of 882 Page 32 of 882 Page 33 of 882 Page 34 of 882 Page 35 of 882 Page 36 of 882 Page 37 of 882 Page 38 of 882 Page 39 of 882 Page 40 of 882 Page 41 of 882 Page 42 of 882 Page 43 of 882 Page 44 of 882 Page 45 of 882 Page 46 of 882 Page 47 of 882 Page 48 of 882 Page 49 of 882 Page 50 of 882 Page 51 of 882 Page 52 of 882 Page 53 of 882 Page 54 of 882 Page 55 of 882 Page 56 of 882 Page 57 of 882 Page 58 of 882 Page 59 of 882 Page 60 of 882 Page 61 of 882 Page 62 of 882 Page 63 of 882 Page 64 of 882 Page 65 of 882 Page 66 of 882 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value CFD 2003-01 Improvement Area 1 (2013)Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01%1,434,601.57$ Agency Project 46571807 864 Money Market Fund 9/1/2013 N/A 0.01%81,794.80$ Cultural Center Fund 46571808 864 Money Market Fund 9/1/2013 N/A 0.01%201,664.33$ Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01%1,751.88$ Developer Project 46571806 864 Money Market Fund 9/1/2013 N/A 0.01%103,113.76$ Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01%32,607.31$ 1,855,533.65$ CFD 2003-01 Improvement Area 2 (2013)Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01%324.38$ Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01%134,119.25$ Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01%3,128.75$ 137,572.38$ CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01%-$ Bond Fund 48436800 820 Money Market Fund N/A 0.01%3,561.65 Reserve Fund 48436801 821 Money Market Fund N/A 0.01%1,201,039.21 Special Tax Fund 48436807 820 Money Market Fund N/A 29,443.48 Project Fund 48436809 820 Money Market Fund N/A 47,283.45 1,281,327.79$ 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$ Bond Fund 48709900 858 Money Market Fund N/A 796.72 Reserve Fund 48709901 859 Money Market Fund N/A 262,700.15 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 6,210.05 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A - Prepayment Fund 48709904 Money Market Fund N/A - 269,706.92$ CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$ Special Tax Fund 6712140201 852 Money Market Fund 7/30/2015 N/A 278.71 Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 98.64 Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00%23,633.26 24,010.61$ CFD No. 2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140301 856 Money Market Fund 7/30/2015 N/A 149.98$ Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 947.59$ Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A -$ Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00%217,010.37 218,107.94$ CFD No. 2001-01 IA 1&2, Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140401 860 Money Market Fund 7/30/2015 N/A 165.58 Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 1,007.31 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 11/30/2023 I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2023-24\_Fiscal Agent Statements Workbook 23-24.xlsx Summary Report Page 1 Page 67 of 882 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 11/30/2023 Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00%315,322.87 316,495.76$ CFD No. 2001-01 IA3, Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140501 862 Money Market Fund 7/30/2015 N/A 16.10 Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 97.92 Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00%30,614.41 30,728.43$ CFD No. 2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140601 869 Money Market Fund 7/30/2015 N/A 64.63 Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 386.32 Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00%134,344.07 134,795.02$ CFD No. 2006-02 Amador on Rt. 66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140701 871 Money Market Fund 7/30/2015 N/A 39.54 Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 236.90 Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00%81,320.82 81,597.26$ TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS 4,349,875.76$ * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2023-24\_Fiscal Agent Statements Workbook 23-24.xlsx Summary Report Page 2 Page 68 of 882 Page 69 of 882 Page 70 of 882 Page 71 of 882 Page 72 of 882 Page 73 of 882 Page 74 of 882 Page 75 of 882 Page 76 of 882 Page 77 of 882 Page 78 of 882 Page 79 of 882 Page 80 of 882 Page 81 of 882 Page 82 of 882 Page 83 of 882 Page 84 of 882 Page 85 of 882 Page 86 of 882 Page 87 of 882 Page 88 of 882 Page 89 of 882 Page 90 of 882 Page 91 of 882 Page 92 of 882 Page 93 of 882 Page 94 of 882 Page 95 of 882 Page 96 of 882 Page 97 of 882 Page 98 of 882 Page 99 of 882 Page 100 of 882 Page 101 of 882 Page 102 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:Consideration to Cancel and Reschedule the February 7, 2024 Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to February 6, 2024. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council cancel and reschedule the February 7, 2024, Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to February 6, 2024. BACKGROUND: The City Council sits as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Regular Meetings of the City Council are held on the first and third Wednesday of the month. ANALYSIS: Due to a League of California Cities event, staff recommends the City Council cancel and reschedule the February 7, 2024, Regular Meetings to February 6, 2024. The City Clerk Services Department will provide the appropriate legal notification of the change. FISCAL IMPACT: Not applicable. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item maintains organizational efficiency and planning to help advance the quality of life for the community through inclusive decision making. ATTACHMENTS: No attachments. Page 103 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Planning and Economic Development Director Flavio Nunez, Management Analyst II SUBJECT:Consideration To Approve the Housing Successor Fiscal Year 2022-2023 Annual Report (Housing Successor Agency). (CITY) RECOMMENDATION: Staff recommends that the Housing Successor Agency approve the Annual Report for Fiscal Year 2022/2023, authorize staff to make administrative changes to the Annual Report upon completion of the CAFR, and authorize the transmittal of the Annual Report to the appropriate State agencies. BACKGROUND: After February 1, 2012, all assets, properties and contracts of the former Rancho Cucamonga Redevelopment Agency (former Agency) were transferred, by operation of law to the Successor Agency to the Rancho Cucamonga Redevelopment Agency (Successor Agency). Pursuant to the Dissolution Law, the City Council elected to retain and assume all housing assets and functions. On October 13, 2013, the Governor signed into law Senate Bill 341 (SB341), which amended provisions of the Dissolution Law, relating to housing successors. SB341 amended the former housing annual report requirement due to both the State Controller and the Department of Housing and Community Development while Redevelopment Agencies were active and established affordable housing requirements to be performed by housing successors effective January 1, 2014. As of dissolution, housing successors now maintain and deposit funds into a Low-and-Moderate Income Housing Assets Fund (LMIHAF), subject to the requirements of the Dissolution Law, as amended by SB 341. Under SB 341, housing successors have an annual auditing and reporting obligation to be completed every fiscal year starting with FY 2013-2014. ANALYSIS: Pursuant to SB 341 a Housing Successor Agency is required to file an Annual Report of its activities within six months of the Agency’s fiscal year end. This report is required to contain the following information: 1. The amount deposited to the Low Moderate Income Housing Asset Fund (LMIHAF), distinguishing and amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS). 2. A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. Page 104 of 882 Page 2 2 1 7 7 3. A description of expenditures from the LMIHAF by category, including, but not limited to, expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re-housing services; and (c) development of affordable housing. 4. The statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. 5. A description of any transfers of LMIHAF funds made to another housing successor in the previous fiscal year. 6. A description of any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. 7. Status update on compliance with Section 33334.16 for property acquired by the former redevelopment agency prior to February 1, 2012, and a status update for interests in property acquired on or after February 1, 2012. 8. A description of any outstanding obligation pursuant to Section 33413. This section provides a description of any outstanding replacement housing obligation that remained to be transfer to the Housing Successor Agency on February 1, 2012, and the Housing Successor Agency’s plans to meet the unmet obligations. 9. Housing Successor mush determine the percentage of housing for seniors and person of all ages within the previous 10-years. Senior housing units may not exceed 50% of the total units restricted. 10. The amount of unencumbered funds that exceed the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor Agency’s preceding four fiscal years, whichever is greater. The Annual Report for Fiscal Year 2022/23 is being transmitted to the Housing Successor Agency in accordance with the applicable legislation and contains all the required information as outlined above. Following the approval by the Housing Successor, the report will be sent to the appropriate State agencies for review. FISCAL IMPACT: There is no fiscal impact to the City’s General Fund associated with the submission of the Annual Report. However, failure to submit the report could lead to State sanctions and preventing the Housing Successor Agency’s funds from being encumbered or expended. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: While approval of the Annual Report is not a specific goal of the City Council, this action is required by the State of California Housing and Community Development Department to continue operations of the Housing Successor Agency which meets the Council’s core values of promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 – Draft 2022-2023 Housing Successor Agency Annual Report Page 105 of 882 DRAFT FISCAL YEAR 2022/2023 HOUSING SUCCESSOR AGENCY ANNUAL REPORT Day Creek Villas Senior Affordable Housing – Rancho Cucamonga Attachment 1 Page 106 of 882 HOUSING SUCCESSOR ANNUAL REPORT – 2022/2023 1 | Page 1.) The amount deposited to the Low- and Moderate-Income Housing Asset Fund (LMIHAF), distinguishing any amounts deposited for items listed on the Recognized Obligation payment Schedule (ROPS). There was a total of $510,151 deposited into the LMIHAF during Fiscal Year 2022/2023. The deposits primarily consisted of land value held for resale, residual receipt loan payments of multi-family housing financed by the former Redevelopment Agency, and loan payments of first-time homebuyer loans. 2.) A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. As of the close of Fiscal Year 2022/2023 the LMIHAF ended with a balance of $75,025.00. 3.) A description of expenditures from the LMIHAF by category, including, but not limited to, expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re-housing services; and (c) development of affordable housing. ACTIVITY EXPENDITURE Administrative Costs $200,000 Homeless Prevention $28,716.00 Affordable Housing Development $0.00 4.) The statutory value of real property owned by the Housing Successor, the value of loans and grants receivable, and the sum of these two amounts. LOAN NAME/DESCRIPTION/PROPERTY ENDING BALANCE FAIR VALUE OF LAND SECURED BY LOAN NHDC (San Sevaine Villas) $ 45,567,136 N/A HB Housing Partners (Sunset Heights) $ 13,306,896 N/A Villa Pacifica II $ 10,093,378 N/A LINC-Pepperwood $ 28,690,050 N/A Page 107 of 882 HOUSING SUCCESSOR ANNUAL REPORT – 2022/2023 2 | Page Rancho Verde Village East $ 7,936,311 N/A Heritage Pointe $ 3,385,452 N/A Olen Jones $ 4,580,082 N/A Villa Del Norte $ 10,761,686 N/A Villaggio on Route 66 $ 34,957,322 N/A First-Time Homebuyer Program $ 2,735,808 N/A Day Creek Villas LP $ 5,542,384 N/A Day Creek Villas 2 LP $ 9,347,505 N/A Total $ 176,904,010 5.) A description of any transfers of LMIHAF funds made to another Housing Successor in the previous fiscal year. There have been no transfers of LMIHAF funds to any other Housing Successor in the previous fiscal year. 6.) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. There are no projects which the Housing Successor receives or holds property tax revenue pursuant to the ROPS. 7.) For interests in real property acquired by the former agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interest in real property acquired by the Housing Successor on or after February 1, 2012, a status update on the project. In July 2014 the Housing Successor Agency acquired a 2.5-acre property for the purpose of constructing a 60-unit senior affordable rental housing complex. The project affordability agreement provides for 59 of the 60 1-and 2-bedroom units to be restricted to income eligible seniors. Construction of the project has been completed and a grand opening was held in May 2018. Page 108 of 882 HOUSING SUCCESSOR ANNUAL REPORT – 2022/2023 3 | Page Additionally, in 2019 the Agency acquired a 4.01-acre property for the construction of a 140-unit senior affordable rental housing complex. As of the date of this report the project was completed in October of 2020. The project offers 1-and 2-bedroom units to qualified seniors. 8.) A description of any outstanding obligation pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, the Housing Successor’s progress in meeting these obligations, and the Housing Successor’s plans to meet unmet obligations. There is no outstanding obligation that had been transferred to the Housing Successor Agency on February 1, 2012. 9.) Housing Successor must determine the % of housing for seniors and persons of all ages within the previous 10-years. Senior housing units may not exceed 50% of the total units restricted. The Housing Successor is to calculate the percentage of units of deed-restricted rental housing to seniors assisted by the Housing Successor to the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed restricted rental housing assisted by the Housing Successor to the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City provides assistance on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The following provides the Housing Successor’s Senior Housing Test for the 10-year period of 2011-2021. Senior Housing Test 10 Year Test Number of Assisted Senior Rental Units 199 Number of Total Assisted Rental Units 558 Senior Housing Percentage 36% Page 109 of 882 HOUSING SUCCESSOR ANNUAL REPORT – 2022/2023 4 | Page Previous Affordable Housing Accomplishments Prior to 2011 PROJECT TYPE # OF UNITS Las Casitas Family 14 Rancho Verde Family 104 Rancho Verde East Family 40 Monterey Village Family 110 San Sevaine Villas Family 225 Sycamore Springs Family 96 Sunset Heights Family 116 Villa Pacifica Senior 158 Heritage Pointe Senior 48 Olen Jones Senior 96 Total 1,007 10.) The amount of excess surplus, the amount of time the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. At the start of this reporting Fiscal Year the Housing Successor Agency opened with an no excess surplus. The Housing Successor has ended this reporting Fiscal Year with a balance of $75,025.00 of unobligated funds. Page 110 of 882 HOUSING SUCCESSOR ANNUAL REPORT – 2022/2023 5 | Page RANCHO CUCAMONGA HOUSING SUCCESSOR FINANCIAL STATEMENTS REPORT JUNE 30, 2023 REPORT ATTACHED [INTENTIONALLY LEFT BLANK] Page 111 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR RANCHO CUCAMONGA, CALIFORNIA FOR THE YEAR ENDED JUNE 30, 2023 FINANCIAL STATEMENTS Page 112 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY RANCHO CUCAMONGA, CALIFORNIA Financial Statements June 30, 2023 Page 113 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY RANCHO CUCAMONGA, CALIFORNIA Financial Statements June 30, 2023 Table of Contents Page Number Independent Auditors’ Report ..................................................................................................................................... 1 Independent Auditors’ Report on Compliance with Applicable Requirements and on Internal Control over Compliance ...................................................................................................... 4 Basic Financial Statements Government-Wide Financial Statements: Statement of Net Position .............................................................................................................................. 7 Statement of Activities ................................................................................................................................... 8 Fund Financial Statements: Balance Sheet - Governmental Funds .......................................................................................................... 9 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position .................................................................................................................. 10 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds ................................................................................................................. 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities ................................................................................................................................. 13 Notes to Financial Statements ........................................................................................................................... 11 Required Supplementary Information Budgetary Comparison Schedule ...................................................................................................................... 20 Other Information Computation of Low- and Moderate-Income Housing Fund Excess/Surplus .................................................... 21 Page 114 of 882 1611 E. Fourth Street, Suite 200 Santa Ana, CA 92701 (714) 569-1000 203 N. Brea Blvd, Suite 203 Brea, CA 92821 (714) 672-0022 21 Waterway Avenue, Suite 30089 The Woodlands, TX 77380 (936) 828-4587 2151 River Plaza Dr., Suite 150 Sacramento, CA 95833 (916) 503-9691 24422 Avenida de la Carlota, Suite 275 Laguna Hills, CA 92653 (949) 829-8299 www.lslcpas.com INDEPENDENT AUDITORS’ REPORT To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities and the governmental fund information of the Housing Successor (the “Housing Successor”), a special revenue fund of the City of Rancho Cucamonga, California (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the Housing Successor’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the governmental fund information of the Housing Successor, as of June 30, 2023, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter Fund Financial Statements As discussed in Note 1, the financial statements of the Housing Successor are intended to present the financial position and the changes in financial position of only that portion of the governmental activities and the governmental fund information of the Housing Successor that is attributable to the transactions of the Housing Successor. They do not purport to, and do not, present fairly the financial position of the City of Rancho Cucamonga, as of June 30, 2023 and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. . Page 115 of 882 To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Housing Successor’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Housing Successor’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Budgetary Comparison Schedule, as listed on the table of contents, presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Page 116 of 882 To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinions on the basic financial statements are not affected by this missing information. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Housing Successor’s basic financial statements. The Computation of the Housing Successor Excess/Surplus schedule (supplementary information) is presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and is derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the supplementary information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 12, 2023, on our consideration of the Housing Successor’s internal control over the Housing Successor’s financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Housing Successor’s internal control over the Housing Successor’s financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Housing Successor’s internal control over the Housing Successor’s financial reporting and compliance. Brea, California December 12, 2023 3 Page 117 of 882 1611 E. Fourth Street, Suite 200 Santa Ana, CA 92701 (714) 569-1000 203 N. Brea Blvd, Suite 203 Brea, CA 92821 (714) 672-0022 21 Waterway Avenue, Suite 30089 The Woodlands, TX 77380 (936) 828-4587 2151 River Plaza Dr., Suite 150 Sacramento, CA 95833 (916) 503-9691 24422 Avenida de la Carlota, Suite 275 Laguna Hills, CA 92653 (949) 829-8299 www.lslcpas.com INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH APPLICABLE REQUIREMENTAND ON INTERNAL CONTROL OVER COMPLIANCE To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California Report on Compliance Opinion We have audited the Rancho Cucamonga Housing Successor, California (the “Housing Successor”)’s compliance with the types of compliance requirements identified as subject to audit in the California Health and Safety Code sections applicable to California Housing Successor Agencies (the “HSC”) for the year ended June 30, 2023. In our opinion, the Housing Successor complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on the Housing Successor’s compliance with the HSC for the year ended June 30, 2023. Basis for Opinion We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of the HSC. Our responsibilities under those standards and the HSC are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the Housing Successor and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the Program. Our audit does not provide a legal determination of the Housing Successor’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the Program. Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the Housing Successor’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the HSC will always detect material noncompliance when it exists. 4 Page 118 of 882 To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Housing Successor’s compliance with the requirements the HSC as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the HSC, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Housing Successor’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the Housing Successor’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the HSC, but not for the purpose of expressing an opinion on the effectiveness of the Housing Successor’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of the HSC on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of the HSC will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of the HSC that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. 5 Page 119 of 882 To the Honorable Mayor and Members of the City Council Rancho Cucamonga Housing Successor City of Rancho Cucamonga, California The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the HSC. Accordingly, this report is not suitable for any other purpose. Brea, California December 12, 2023 6 Page 120 of 882 Statement of Net Position Governmental Activities ASSETS Cash and investments 2,717,128$ Receivables (net of uncollectibles): Accrued interest 12,935 Notes and loans 176,904,010 Prepaid costs 2,393 Total assets 179,636,466 NET POSITION Restricted: Community development 179,636,466 Total net position 179,636,466$ June 30, 2023 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY See accompanying notes to financial statements.7 Page 121 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Statement of Activities For the Year Ended June 30, 2023 Operating Capital Charges for Contributions Contributions Governmental Expenses Services and Grants and Grants Activities Functions/Programs: Primary government: Governmental activities: Community development 378,716$ -$ -$ -$ (378,716)$ Total governmental activities 378,716$ -$ -$ -$ (378,716) General revenues: Use of money and property 2,951,005 Other 312,087 Total general revenues and transfers 3,263,092 Change in net position 2,884,376 Net position-beginning 176,752,090 Net position-ending 179,636,466$ Program Revenues Net (Expenses) Revenues and Changes in Net Position See accopanying notes to financial statements.8 Page 122 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Balance Sheet June 30, 2023 ASSETS Cash and investments 2,717,128$ Receivables (net of allowance for uncollectible): Accrued interest 12,935 Notes and loans 176,904,010 Prepaid costs 2,393 Total assets 179,636,466$ DEFERRED INFLOWS OF RESOURCES Unavailable revenues 39,831,135$ Total deferred inflows of resources 39,831,135 FUND BALANCES Nonspendable Prepaid costs 2,393 Restricted Community development projects 139,802,938 Total fund balances (deficits)139,805,331 Total deferred inflows of resources, and fund balances 179,636,466$ Housing Successor Agency See accompanying notes to financial statements.9 Page 123 of 882 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position June 30, 2023 Amounts reported for governmental activities in the Statement of Net Position are different because: Total fund balances - governmental funds 139,805,331$ Long-term receivables 39,831,135 Net position of governmental activities 179,636,466$ RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Other long-term assets that are not available to pay for current period expenditures and,therefore, are either labeled unavailable or not reported in the funds. See accompanying notes to financial statements.10 Page 124 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended June 30, 2023 REVENUES Use of money and property 198,064$ Miscellaneous 312,087 Total revenues 510,151 EXPENDITURES Current: Community development 378,716 Total expenditures 378,716 Excess of revenues over (under) expenditures 131,435 Net change in fund balances 131,435 Fund balances - beginning 139,673,896 Fund balances - ending 139,805,331$ Housing Successor Agency See accompanying notes to financial statements.11 Page 125 of 882 Reconciliation of the Statement of Revenues, Expenses and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended June 30, 2023 Amounts reported for governmental activities in the Statement of Activities are different because: Net change in fund balances - total governmental funds:131,435$ Earned but unavailable other revenues 2,752,941 Change in net position of governmental activities 2,884,376$ RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the funds. See accompanying notes to financial statements 12 Page 126 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Financial Reporting Entity The Rancho Cucamonga Redevelopment Agency (the Agency) was activated pursuant to the State of California Health and Safety Code, Section 33000 et seq., entitled Community Redevelopment Law (CRL). Sections 33334.2 and 33334.3 require the Agency to use not less than 20 percent of taxes allocated to the Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing (“Low and Moderate Income Housing Fund”). The Agency has continuously utilized its Low and Moderate Income Housing Fund for the purpose of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost. On December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26 (“the Bill”) that provides for the dissolution of all redevelopment agencies in the State of California. The Bill provides that upon dissolution of a redevelopment agency, either the City or another unit of local government will agree to serve as the “successor agency” to hold the assets until they are distributed to other units of state and local government. The Rancho Cucamonga Housing Successor Agency Fund (Housing Successor) was established pursuant to the California Housing Authority Law codified under the State of California Health and Safety Code, Section 34200 et seq. The restricted resources and assets from the former Rancho Cucamonga Redevelopment Agency’s low and moderate income housing fund were transferred to the City’s Housing Successor Agency Fund. The Housing Successor accounts for the assets of the former Redevelopment Agency’s Low and Moderate Income Housing Fund. The source of revenue in the fund is primarily from repayment of Low and Moderate Income notes and loans receivable, and interest received from the notes and loans receivable B. Basis of Presentation The Housing Successor’s financial statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the United States of America. The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the Housing Successor. Eliminations have been made to minimize the double counting of internal activities. For the most part, the effect of interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which the direct expenses of a given function or segments are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. While separate government-wide and fund financial statements are presented, they are interrelated. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 13 Page 127 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. D. Assets, Liabilities and Net Position or Equity Cash and Investments All cash and investments, except those that are held by fiscal agents or through a trust, are held in a City pool. These pooled funds are available upon demand and therefore are considered cash and cash equivalents for purposes of the statement of cash flows. Investments held by fiscal agents with an original maturity of three months or less are also considered cash equivalents and are shown as restricted assets for financial statement presentation purposes. Investments for the City, as well as for its component units, are reported at fair value. Receivables and Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either "due to/from other funds" (i.e., the current portion of interfund loans) or "advances to/from other funds" (i.e., the non-current portion of interfund loans). All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as "internal balances." All trade receivables are shown net of allowance for uncollectibles. Deferred Outflows/Inflows of Resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to future periods and so will not be recognized as an outflow of resources (expense/expenditure) until then. The government reports deferred outflows of resources related to certain changes arising from net pension liability, net pension asset, and net OPEB asset. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The government has several items that qualify for reporting in this category: Unavailable revenue is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues for revenues that are measurable but not collected within 60 days of the end of the current fiscal period. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. Fund Balance Fund balance is essentially the difference between the assets, liabilities, and deferred inflows reported in a governmental fund. There are five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts can be spent. 14 Page 128 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)  Non-spendable fund balance (inherently non-spendable)  Restricted fund balance (externally enforceable limitations on use)  Committed fund balance (self-imposed limitations on use)  Assigned fund balance (limitation resulting from intended use)  Unassigned fund balance (residual net resources) The City Council, as the City's highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by the adoption of a resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however, the amount can be determined subsequently. Fund Balance Flow Assumptions Sometimes the government will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. The City considers restricted fund balance to have been spent first when an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available. Similarly, when an expenditure is incurred for purposes for which amounts in any of the unrestricted classifications of fund balance could be used, the City considers committed amounts to be reduced first, followed by assigned amounts and then unassigned amounts. Net Position In the governmental-wide financial statements and proprietary fund financial statements, net position is classified as follows:  Net Investment in Capital Assets – This amount consists of capital assets net of accumulated depreciation and reduced by outstanding debt attributed to the acquisition, construction, or improvement of the assets.  Restricted Net Position – This amount is restricted by external creditors, grantors, contributors, or laws or regulations of other governments.  Unrestricted Net Position – This amount is all net position that does not meet the definition of “net investment in capital assets” or “restricted net position.” Net Position Flow Assumption Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the government’s policy to consider restricted – net position to have been depleted before unrestricted – net position is applied. 15 Page 129 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 2: CASH AND CASH EQUIVALENTS As of June 30, 2023, cash and investments were reported in the accompanying financial statements as follows: Cash and Investments $2,717,128 The Housing Successor’s fund is pooled with the City of Rancho Cucamonga’s cash and investments in order to generate optimum interest income. The pooled interest earned is allocated quarterly based on the month end cash balances. The City values its cash and investments in accordance with the provisions of Governmental Accounting Standards Board Statement No. 72 (GASB 72), Fair Value Measurement and Application, which requires governmental entities to use valuation techniques that are appropriate under the circumstances and for which sufficient data are available to measure fair value. Citywide information concerning cash and investments for the year ended June 30, 2023, including authorized investments, custodial credit risk, credit risk, interest rate risk, concentration of investments, and carrying amount and market value of deposits and investments is available in the annual financial report of the City. NOTE 3: NOTES AND LOANS RECEIVABLE Governmental Activities NHDC (San Sevaine)45,282,652$ 404,577$ (120,093)$ 45,567,136$ LINC-Pepperwood Housing Investors, LP 28,257,288 432,762 - 28,690,050 HB Housing Partners, L.P.13,143,008 200,219 (36,331) 13,306,896 SCHDC (Rancho Verde)7,844,805 97,499 (5,993) 7,936,311 SCHDC (Heritage Pointe Senior Apartments) 3,163,882 221,570 - 3,385,452 Rancho Workforce Housing, L.P.34,142,678 814,644 - 34,957,322 North Town Housing Partners (Villa Del Norte) 10,583,811 177,875 - 10,761,686 NHDC (Olen Jones Senior Apartments)4,451,850 128,232 - 4,580,082 Villa Pacifica II LP 9,832,863 260,515 - 10,093,378 Day Creek Senior Housing Partners 2, L.P.9,086,763 260,742 - 9,347,505 Day Creek Senior Housing Partners, L.P.5,385,661 156,723 - 5,542,384 First-Time Homebuyer Program 2,975,808 - (240,000) 2,735,808 174,151,069$ 3,155,358$ (402,417)$ 176,904,010$ Beginning Balance Additions Reductions Ending Balance Notes and loans receivables consist of the following at June 30, 2022:  On September 1, 2005, the Agency entered into a loan agreement with Northtown Housing Development Corporation (NHDC) for the purchase of undeveloped real property and the development of an apartment complex (San Sevaine) which will increase the supply of affordable housing to low and moderate income households for a period of ninety-nine (99) years. This loan is a line of credit not-to-exceed $40,700,000 with simple interest accruing at 1% per annum from the date of disbursement for a term of 55 years (2060), as modified on May 6, 2009, with Amendment #2. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the advances paid against this line of credit amount to $40,457,658 and accrued interest amounts to $5,109,478 for a total of $45,567,136. Accrued interest is offset by unavailable revenue. 16 Page 130 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 3: NOTES AND LOANS RECEIVABLE (CONTINUED)  On April 19, 2006, the Agency entered into a loan agreement with LINC-Pepperwood Housing Investors, LP to provide financial assistance from the Low and Moderate Housing Set-aside Fund to purchase and rehabilitate the Pepperwood Apartment Homes, which will increase the supply of affordable housing to low and moderate income households, for not less than ninety-nine (99) years. The loan is in the form of a line of credit not-to-exceed $21,638,113, which includes the rollover of the BLT Partnership No. 1 loan of $2,350,000 and an amendment and increase of $1,288,113 on May 16, 2007. The outstanding principal balance of the loan will accrue simple interest at 2% per annum from the date of disbursement for a term of 56 years (2062). In addition to the extent there are Residual Receipts, the Developer shall pay to the Agency 50% of the Residual Receipts from the preceding year. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2022, advances paid against this line of credit amounts to $21,638,113 and accrued interest amounts to $7,051,937 for a total balance of $28,690,050. Accrued interest is offset by unavailable revenue.  On September 1, 2005, the Agency entered into a loan agreement with HB Housing Partners, L.P. to provide financial assistance from the Low and Moderate Housing Set-aside Fund to purchase and rehabilitate the Woodhaven Manor Apartments, which will increase the supply of affordable housing to low and moderate income households for not less than ninety-nine (99) years. The loan is in the form of a line of credit not-to-exceed $9,000,000. Simple interest accrues on the advances as follows: 1) 3% per annum from the date of disbursement through and including the date immediately prior to September 21, 2022; and 2) 2% per annum from September 21, 2022 through September 21, 2060. In addition, to the extent there are Residual Receipts-, the Developer shall pay to the Agency either 33% or 50% of the Residual Receipts from the preceding year. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the advances paid against this line of credit amounted to $9,000,000 and accrued interest amounts to $4,306,896 for a total of $13,306,896. Accrued interest is offset by unavailable revenue.  On March 9, 2006, the Agency entered into a loan agreement with The Southern California Housing Development Corporation (SCHDC) for the acquisition, construction and operation of affordable housing apartments, referred to as the Rancho Verde Expansion project, which will increase the supply of very-low, low and moderate income households. This loan is a line of credit not-to-exceed $6,500,000 with simple interest accruing at 1.5% per annum until June 27, 2035, and 2% per annum thereafter and payable without demand or notice on June 27, 2060. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the advances paid against this line of credit amounted to $6,499,910 and accrued interest amounts to $1,436,401 for a total of $7,936,311. Accrued interest is offset by unavailable revenue.  On December 1, 2001, the Agency entered into a residual receipts promissory note loan agreement in the form of a line of credit not-to-exceed $4,000,000 with Malvern Housing Partners, L.P. and Southern California Housing Development Corporation (SCHDC) for the acquisition, construction and operation of a 49-unit senior multifamily apartment project, known as Heritage Pointe Senior Apartments. A portion of the necessary funding was provided from proceeds of a $4,000,000 bond issue by Southern California Housing Development Corporation. Funding provided by the Agency was in the form of semi-annual principal payments toward these bonds from the Agency’s low and moderate housing fund. As advances were made by the Agency, beginning April 1, 2003, these amounts were added to and became the principal balance of this Residual Receipts Note, and are accruing simple interest at 1% per annum from the date of payment through December 2056. Annual payments of principal and accrued interest shall not commence until the operation of the project has generated residual receipts. On December 5, 2007, the residual receipts promissory note was amended and restated in connection with the refunding of the Southern California Housing Development Corporation’s bond with the proceed of the Agency Housing Set-Aside Tax Allocation Bonds, Series 2007A and Series 2007B. All residual receipts in excess of fifteen percent of the gross operating income of project shall be paid to the Agency annually. All principal and accrued interest at the simple interest rate of 1% per annum shall be due and payable in April 2056. Upon dissolution of the 17 Page 131 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 3: NOTES AND LOANS RECEIVABLE (CONTINUED) Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the advances paid against this line of credit amounted to $3,228,808 and accrued interest amounts to $156,644 for a total of $3,385,452. Accrued interest is offset by unavailable revenue.  On September 1, 2008, the Agency entered into a residual receipts promissory note loan agreement in the form of a line of credit not-to-exceed $27,565,000 with Rancho Workforce Housing, L.P. for the acquisition, construction and development of a 166-unit rental housing development, including 131 residential units for low and moderate income residents. This loan bears simple interest of 2.386% compounded annually from the date of disbursement, with a term commencing on the date of this agreement and continuing for fifty-five (55) years from the date of the recordation of the Certificate of Completion. Commencing after Borrower’s fiscal year first ending after the completion of construction of the development, Borrower shall make repayments to the Agency equal to 50% of the Residual Receipts. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the advances paid against this line of credit amounted to $25,868,857 and accrued interest amounts to $9,088,465 for a total of $34,957,322.  On September 26, 1994, the Agency entered into a Disposition and Development Agreement (DDA) and loan agreement (as modified on March 22, 1996) for $5,929,181 with North Town Housing Partners for the acquisition of the 88-unit multifamily rental Villa Del Norte housing project for low and moderate income households. Payments of principal and interest on the loan are due and payable only to the extent that net annual cash flow from the development is available. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. On October 9, 2014, the Loan was modified as a result of a refinancing of the project in order to provide funding for significant rehabilitation improvements to the development. As a result of the refinancing, the term of the Loan and the affordability covenant for the affordable units was extended by 55 years beginning September 1, 2014. The term of the Loan will now terminate on September 1, 2069. The note carries the same interest rate of 3% and the original principal amount of $5,929,181 remains the same. As of June 30, 2023, the outstanding balance amounts to $5,929,181, including accrued interest of $4,832,505 for a total of $10,761,686. Accrued interest is offset by unavailable revenue.  On June 6, 2001, the Agency entered into a loan agreement (as updated on December 1, 2002) for $4,700,000 with Northtown Housing Development Corporation (NHDC) for the development of the Olen Jones Senior Apartments. The term of the loan is 55 years, with zero interest accruing for the first 15 years, then accruing simple interest at 3% per annum for the remainder of the term. Payments of principal and interest on the loan are due and payable only to the extent that net annual cash flow from the development is available. Upon dissolution of the Agency, the loan receivable was transferred to the Housing Successor Agency of the City. As of June 30, 2023, the outstanding balance amounts to $4,274,400 and accrued interest amounts to including $305,682 for a total of $4,580,082. Accrued interest is offset by unavailable revenue.  On July 11, 2014, the City entered into a loan agreement with 7418 Archibald LLC (“Developer”) in the amount of $42,913 (“City Predevelopment Loan”), pursuant to certain Acquisition, Disposition, Development and Loan Agreement dated February 19, 2014, between Developer and the City (the “ADDLA”), to develop a 60-unit affordable senior housing project at 7418 Archibald Avenue, referred to as Villa Pacifica II. The interest of the loan is zero percent (0%) per annum. The principal and any interest due under this Note shall be repaid or forgiven as set forth in the ADDLA, as amended by a first Implementation and Amendment to Acquisition, Disposition, Development and Loan Agreement dated February 17, 2016 between the Borrower’s predecessor-in-interest and City and a Second Implementation and Amendment to Acquisition, Disposition, Development and Loan Agreement dated April 1, 2017. The loan may be prepaid in full or in part, at any time without penalty or premium. On April 1, 2017, the City entered into a Promissory Note Secured By Deed of Trust with Villa Pacifica II LP (“Borrower”), not to exceed the sum of $8,683,821 consisting of the existing Predevelopment Loan of $42,913 made by the City to the Developer, a $2,880,000 purchase money loan in connection with the acquisition of land from City, a $2,760,908 construction loan 18 Page 132 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR Notes to the Financial Statements June 30, 2023 NOTE 3: NOTES AND LOANS RECEIVABLE (CONTINUED) that is being partially disbursed on the date of the closing for the City impact fees and to reimburse Villa Pacifica II LP for construction costs accrued prior to the date of the loan, and a permanent loan of up to $3,000,000 (“Perm Loan Principal”) to be disbursed as described in the ADDLA from Villa Pacifica I Funds actually received by the City under the Villa Pacifica I Note. The term of the loan is 55 years, with simple interest accruing at 3% per annum on the outstanding principal balance. Payment of principal and interest is 50% of the Residual Receipts, with payments credited toward accrued interest and then to outstanding principal, on an annual basis on June 1 of each calendar year. As of June 30, 2022, the advances paid against this line of credit amounted to $8,683,821 and accrued interest amounted of $1,409,557, for a total amount of $10,093,378.  On May 4, 2016, the City approved a Disposition, Development, and Loan Agreement (DDLA) with Day Creek Senior Housing Partners, LP, also known as National CORE, for the development of a 140-unit senior rental affordable housing project at west of Day Creek Boulevard and north of Base Line Road. The DDLA was amended in June 2017, June 2018, and March 2019. On March 6, 2019, the City entered into land and construction loans in connection with the DDLA: The City Land Loan valued at $7,700,000, consisting of a purchase money loan for the acquisition of the property from the City, was divided into two separate loans: (1) City Land Loan to Day Creek Senior Housing Partners, LP in the amount of $4,896,303 and (2) City Land Loan to Day Creek Senior Housing Partners 2, L.P. in the amount of $2,803,697. Both loans bear 2.91% interest compounded annually for 55 years. Payment of principal and interest is 50% of the Residual Receipts, with payments credited toward accrued interest and then to the outstanding principal, on an annual basis on June 1 of each calendar year. As of June 30, 2023, the outstanding balances of the land loans are as follows: (a) Day Creek Senior Housing Partners, LP amounts to $5,542,384 including $646,081 accrued interest and (b) Day Creek Senior Housing Partners 2, L.P. amounts to $3,173,653 including $369,956 accrued interest. Accrued interest is offset by unavailable revenue. The City Construction Loan valued at $5,700,000 with Day Creek Senior Housing Partners 2, L.P. was deposited to JPMorgan Chase Bank, N.A.(Escrow) held and disbursed pursuant to the terms of the Escrow Agreement. The loan bears simple interest of 3% per annum from the date of disbursement from the Escrow fund for a term of 55 years. Payment of principal and interest is 50% of the Residual Receipts, with payments credited toward accrued interest and then to outstanding principal, on an annual basis on June 1 of each calendar year. As of June 30, 2023, the outstanding balance is $6,173,852 including accrued interest of $473,852. Accrued interest is offset by unavailable revenue.  First-time homebuyer loans represent the loans made under the First Time Homebuyer’s Program. The payment of the loan is not due until the property is sold. As of June 30, 2023, the outstanding balance amounts to $2,735,808 with no interest due. Total notes and loans receivables for governmental activities at June 30, 2023, including accrued interest of $35,187,454 amounted to $176,904,010. 19 Page 133 of 882 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) REVENUES Use of money and property 17,550$ 207,730$ 198,064$ (9,666)$ Miscellaneous 12,000 312,090 312,087 (3) Total revenues 29,550 519,820 510,151 (9,669) EXPENDITURES Current: Community development 383,600 378,740 378,716 24 Total expenditures 383,600 378,740 378,716 24 Net change in fund balance (354,050)$ 141,080$ 131,435 (9,645)$ Fund balance-beginning 139,673,896 Fund balance-ending 139,805,331$ RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual For the Year Ended June 30, 2023 20 Page 134 of 882 RANCHO CUCAMONGA HOUSING SUCCESSOR AGENCY Computation of Low and Moderate Income Housing Fund Excess/Surplus Opening Fund Balance 139,673,896$ 139,805,331$ Less Unavailable Amounts: Loans receivable (137,072,875)$ (137,072,875)$ Contractual obligations (953,550) (953,550) Prepaid expenses (1,498) (2,393) (138,027,923) (138,028,818) Available Housing Successor Funds 1,645,973$ 1,776,513$ Limitation (greater of $1,000,000 or four years deposits) Aggregate amount deposited for last four years: 2022 - 2023 N/A 510,151 2021 - 2022 858,197 858,197 2020 - 2021 108,533 108,533 2019 - 2020 224,607 224,607 2018 - 2019 4,408,372 N/A Total 5,599,709 1,701,488 Base Limitation 1,000,000$ 1,000,000$ Greater amount 5,599,709$ 1,701,488$ Computed Excess/Surplus None 75,025$ July 1, 2022 July 1, 2023 Please note:In accordance with HSC34176.1(d)If a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3)of subdivision (a)or transfer the funds pursuant to paragraph (2)of subdivision (c) within three fiscal years.If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.For purposes of this subdivision, "excess surplus" shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000)or the aggregate amount deposited into the account during the housing successor's preceding four fiscal years, whichever is greater. Low and Moderate Income Low and Moderate Income Housing Funds Housing Funds All Project Area All Project Area 21 Page 135 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of an Appropriation in the Amount of $311,000 and Approval to Purchase Transformers from First Philec as a Single Source Vendor in the Amount of $311,000. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Authorize the appropriation in the amount of $311,000 from the Municipal Utility Fund (Fund 705) for the purchase; and 2. Approve and authorize staff to purchase two (2) transformers in the amount of $311,000. BACKGROUND: Transformers are important and critical components that make up the Rancho Cucamonga Municipal Utility (RCMU) power distribution infrastructure. RCMU currently owns and maintains pad mounted equipment such as transformers, switches, and capacitors in its service area. As RCMU’s service area expands and additional equipment is placed in the field having the appropriate equipment available to provide reliable electric load is important. Procurement lead times on transformers are a nationwide issue and are currently running between 60 and 65 weeks, and in some cases beyond 65 weeks. As a result, municipal utilities are having to look at other procurement options to ensure that new developments and projects have the necessary power equipment available. The Bridgepoint and Speedway Commerce industrial projects located in the southeast industrial area of the City are nearing completion of site development. RCMU completed the extension of electrical distribution to each of the sites in late November and early December 2023 and is currently providing power to the sites. Approval of both projects included a condition to develop solar generation onsite for purchase by RCMU to offset the energy impacts of the developments. In September 2023, the City entered into power purchase agreements with Valta Energy Solutions, the developer of the Solar Generation Projects listed below who is currently in the development process. As part of the development process, RCMU will need to purchase and install transformers to connect the solar generation systems into the RCMU power distribution network. Page 136 of 882 Page 2 2 1 6 6 ANALYSIS: The purchase of the transformer equipment is needed to ensure that the following Solar Generation Project development has the necessary power equipment available and is utilizing RCMU’s current standards for new transformers. 1. Rooftop Solar Generation Project at the Bridgepoint Project - Located at 12434 Fourth Street 2. Rooftop Solar Generation Project at the Speedway Commerce Project - Located at 13160 Napa Street The cost of purchasing the two (2) transformers is $311,000. In order to provide the necessary equipment and ensure the solar generation can interconnect to RCMU’s electric system in a timely manner, staff recommends utilizing a single source purchase directly with First Philec. The Solar Generation Project transformers being procured from First Philec are unique and different from RCMU’s distribution transformers. These transformers will be equipped with Reinhausen Manufacturing’s Load Tap Changer, which will allow RCMU to adjust any necessary voltage changes at the transformer to maintain and stabilize voltages on RCMU’s distribution system as it receives the solar generation from these two (2) solar projects. A quote was obtained from First Philec and deemed as reasonable with a proposed delivery timeframe of 180-240 days. FISCAL IMPACT: An appropriation in the amount of $311,000 from Municipal Utility Fund (Fund 705) to account number 1705303-5603 (Capital Outlay-Equipment) is required to fully fund the purchase. The cost of the equipment will be reimbursed to RCMU by the solar developer of the project. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. ATTACHMENTS: None. Page 137 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Shelly Munson, Director of Innovation and Technology Mike McCliman, Fire Chief Lilyan Villarreal, Deputy Director of Innovation and Technology Ruth Cain, Procurement Manager SUBJECT:Consideration to Award a Contract to Wisecom Technologies for the Purchase of Uninterruptible Power Supply (UPS) Battery Backups in the Amount of $156,260 for Automated Backup Electric Power of Network Equipment. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council / Fire Board award a contract to Wisecom Technologies for the purchase of Uninterruptible Power Supply (UPS) battery backup units in the amount of $156,260. BACKGROUND: An Uninterruptible Power Supply (UPS) is an electrical device that provides emergency power to a load when the input power source or mains power fails. It is designed to protect equipment from power surges, brownouts, blackouts, and other power-related issues. A UPS system typically consists of a battery backup, surge protection, and voltage regulation components. UPS Systems are crucial to safeguarding the system infrastructure for the City and Fire District. When the main power supply fails, a UPS seamlessly switches to battery power, ensuring uninterrupted operation for computers, servers, and other critical equipment. This not only prevents data loss and damage to sensitive electronics but also provides essential time to save work, shut down systems properly, or continue operations during brief outages. UPS battery backups are indispensable for continuity of operations, preventing costly downtime, and maintaining productivity. ANALYSIS: The current UPS backup battery systems that support network infrastructure need to be replaced as the UPS systems have approached the end of their life cycle. Units manufactured by APC are regarded as one of the more reliable units and offer the best in terms of warranty/support. Wisecom Technologies are partnered directly with APC on a Premier partner level, offering all solutions and support, should the need arise. They have provided a cost-effective bid with a single purchase that has no additional costs or subscription-based models. Staff highly recommend replacing our non-APC branded UPS with APC as these units have broad array of features that are extremely helpful in day-to-day situations. Such features include actively monitoring the status/alerts of the battery systems. Based on the current mixed environment, staff recommends Page 138 of 882 Page 2 2 1 6 7 an approval to purchase these units with Wisecom Technologies. This will help us move toward a single standard of UPS systems to ensure more confidence in our uptime and provide proactive remote management capabilities. In September 2023, Request for Bid (RFB) 23/24-108 for UPS Battery Replacement systems was posted. There were five hundred and twenty (520) notified vendors, forty-six (46) prospective bidders and nineteen (19) responses were received, seven (7) were considered non-responsive, there were twelve (12) responsive responses received. Wisecom Technologies, was the lowest responsive bidder and has complied with City requirements. FISCAL IMPACT: The UPS Battery Replacement project is funded in the Fiscal Year 2023-24 Adopted Budget in accounts 1714001-5605 (Computer Equipment/Tech Replacement Fund - Capital Outlay) and 3288501-5605 (Fire Protection Capital Fund - Capital Outlay). Sufficient funding is available for these purchases. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The UPS Battery Replacement supports Council’s Core Values of intentionally embracing and anticipating the future and continuous improvement. ATTACHMENTS: None. Page 139 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Jason A. Shields, Management Analyst II SUBJECT:Consideration of a Five (5) Year Contract with Data Ticket Inc. for Parking and Administrative Citations and Other Receivables Processing with the Option to Renew the Contract for Two (2) Additional Years in the Amount of $725,000. (CITY) RECOMMENDATION: It is recommended that the City Council award and execute a five (5) year contract with Data Ticket Inc. for parking and administrative citation processing, with the option to renew for an additional two (2) years, in the amount of $725,000. BACKGROUND: Data Ticket Inc. currently serves as the provider for the City's parking and administrative citation processing needs. This service extends to various City departments, including Animal Services, Business Licensing, Community Improvement, and the Police Department. The scope of Data Ticket Inc.'s services encompasses the collection of citations, customer service, reporting and management of citation records, and the overall management of the citation collection process. Given the specialized nature of compliance regulations and the significant volume of processing and collection required, it is economically impractical for the City to undertake these tasks internally. Consequently, these functions are contracted out to third-party administrators, ensuring both efficiency and compliance with regulatory standards. Before the engagement with Data Ticket Inc., the City contracted with a different provider. This previous vendor, however, failed to satisfactorily meet the contractual obligations, particularly in terms of effective citation collection. As a result, in May 2017, following an exhaustive evaluation conducted by the Finance Department to identify suitable alternatives, the City entered into a contract with Data Ticket Inc. Since then, Data Ticket Inc. has consistently delivered exemplary services, fulfilling the City's requirements for parking and administrative citation processing. ANALYSIS: The existing contract with Data Ticket Inc. expired in May 2022; however, they have continued to honor the terms of that agreement over this past year and a half. During Data Ticket Inc.'s tenure, the City has observed a marked improvement in service efficiency and effectiveness compared to the previous service provider. Due to the specialized nature of citation processing, there are notedly few third-party administrators that provide these services. Page 140 of 882 Page 2 2 1 2 6 In pursuit of due diligence, the Finance Department, in September 2023, did an open survey with other local government agencies for comparable vendors. This effort revealed only one other viable vendor. Additionally, staff concerns arose regarding the compatibility of potential new vendors with the City's existing software system, GoEnforce, which Community Improvement utilizes for its enforcement efforts, and which has significantly enhanced the Department’s operational efficiency and service to the community. GoEnforce has an established business relationship with Data Ticket Inc. which provides for an integration between the two systems, updating outstanding citations and case management information on a regular basis. Data Ticket Inc. is the only citation processor with which GoEnforce has this integration in place. If the City chose to utilize another citation processor, we would incur a development fee to create the integration and also incur annual maintenance fees for the integration. Thus, going with another citation provider would be cost prohibitive. Staff recommends a single-source award be made to Data Ticket, Inc. for parking and administrative citation processing. The Professional Services Agreement will be on file with the City Clerk. FISCAL IMPACT: Data Ticket Inc. has proposed maintaining its current pricing structure, with the exception of adjustments in the cost of postage. No additional budget appropriations are required as a result of awarding the contract. The Fiscal Year 2023/24 Adopted Budget includes an estimated $80,080 for services under the account 1001001-5300 (General Fund – General Overhead – Contract Services). Note that revenues generated from parking and administrative citations more than offset expenditures for Data Ticket Inc.'s services. The total cost associated with the citation processing services is contingent upon the volume of citations processed and the collections secured by Data Ticket Inc. throughout the duration of the contract. Taking into account Data Ticket Inc.'s fees for citation issuance and an anticipated increase in volume, the estimated total for the contract with Data Ticket Inc. over the seven years is approximately $725,000. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: The accurate collection of fines and fees supports all aspects of the City Council's vision and core values. ATTACHMENTS: None. Page 141 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Ray Casey, Interim Public Works Services Director Richard Favela, Streets, Storm Drains, and Fleet Superintendent Albert Lopez, Fleet Supervisor Lindsay McElwain, Management Analyst I SUBJECT:Consideration of the Cooperative Purchase of One (1) 2024 CASE Construction Model Number 570N EP Skip Loader via the Sourcewell Contract Number 032119-CNH-1 from Sonsray Machinery in the Amount of $135,374.56. (CITY) RECOMMENDATION: Staff recommends the City Council approve the cooperative purchase of one (1) 2024 CASE Construction Model Number 570N EP Skip Loader via the Sourcewell Contract Number 032119- CNH-1 from Sonsray Machinery for $135,347.56 to be funded from the equipment/vehicle replacement fund. BACKGROUND: The Public Works Services Department (PWSD) Streets Division maintains critical infrastructure within the city, including repairing asphalt from water cuts for the Cucamonga Valley Water District. A skip loader is an essential piece of equipment used for removing old asphalt, grading subbase, and paving new sections of the roadway. During emergency storm procedures, the skip loader is also relied upon to clear debris from the city right of way. The selected CASE Construction Model Number 570N EP Skip Loader is being recommended for purchase after a comprehensive review by PWSD staff. CASE Construction is the only skip loader manufacturer that offers a comfort steer feature, which is significantly easier on the operator, reducing the risk of operator injury from having to constantly turn the wheel while driving. Funding for the replacement of Skip Loader Unit 2645 was included in in the Adopted FY 2023/2024 Budget. During equipment research, staff identified a Sourcewell contract with CASE Construction for the procurement of heavy-duty construction equipment. Sourcewell is a purchasing platform for public agencies that pre-screens vendors and gives the member organizations a cooperative purchase advantage. By procuring this equipment through an already competitively bid and awarded Sourcewell contract, the City will reduce staff time to bid the purchase, resulting in higher efficiency and cost savings. ANALYSIS: Sourcewell offers a cooperative purchasing model that streamlines the procurement process for cities by eliminating the requirement for individual bidding and negotiation. Such collaboration Page 142 of 882 Page 2 2 1 4 0 guarantees that cities receive quality products through competitively bid Sourcewell contracts, which not only saves time but also guarantees a discount of 28% per unit. If approved, PWSD will procure one (1) 2024 CASE Construction Model Number 570N EP Skip Loader through Sonsray Machinery to retire and replace Skip Loader Unit 2645, an aged and run- down piece of equipment. FISCAL IMPACT: The Adopted FY 2023/2024 Budget included the replacement of Skip Loader Unit 2645 in the equipment/vehicle replacement fund (1712001-5603) for $150,000. This amount will be adjusted in the amended budget to reflect actual costs. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of providing and nurturing a high quality of life for all and promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 – Sonsray Machinery Proposal Page 143 of 882 NOTICE TO PURCHASER 1. spaces, even if otherwise advised. 2.You are entitled to an exact and completely filled protect your legal rights. 3.Store Manager signature required for final acceptance of Sales Order. THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING. Purchaser’s Signature ____________________________Sales Consultant ____________________________Date _________ Print Name ____________________________________Date _________Accepted By _______________Date _________ Page 1 of 3 10062 Live Oak Ave. ∙ Fontana ∙ CA ∙ 92335 TEL: (909) 355-1075 www.SonsrayMachinery.com Ship To: CITY OF RANCHO CUCAMONGA 8794 LION STREET RANCHO CUCAMONGA CA 91730 Invoice To: CITY OF RANCHO CUCAMONGA 8794 LION STREET RANCHO CUCAMONGA CA 91730 Attention: Albert Lopez Fontana November 30, 2023 ktaylor-0372 CITYO002 Purchase Order: Sourcewell quote Sales Person: Kent Taylor EQUIPMENT QUOTE/SALES ORDER 2024 CASE 570N EP CAB Serial #: Factory Order Stock #: N.I.S.QUOTE price book co98 april 17 $97,480.80 SORCEWELL Contract Number: 032119 Member # 25762 City of Rancho Cucamonga - CNH Contract Period: 7-8-19 -thru 5-13-24 Pricing Revised: 7/31/2023 discount is 28% off base list price Specified discount off List Price/MSRP plus freight and setup and local delivery. Also surcharge but this must be placed on a separate line item. NEW 2024 CASE SKIP LOADER - 570N EP / DIESEL - 3.4 LTR - 4 CYL/74 HP-TURBO CHARGED / TIER 4 FINAL EMISSION CERTIFIED. 4x4 W/DRIVE-SHAFT GUARD INCLUDED / 12x16.5 FRONT TIRES - LUG TREADS / 19.5x24 10PR STD TREADS / PLUG-IN REAR WEIGHT CAB - HEAT & AIR W/MECHANICAL SUSPENSION SEAT (CLOTH) / 3" SEAT BELT / Master Battery disconnect & JUMP START POST / THREE POINT HITCH. / RIDE CONTROL / COMFORT STEER OPTION. 84" GANNON SCRAPER BOX / DUAL TILT CYLINDERS W/HOLDING VALVE Add on Mechanical quick coupler front loader Bracket / 82" LOADER BUCKET QUICK COUPLER 4-IN1 W/ BOLT ON EDGES BIC GRILL GUARD / BIC 4 corner strobs / BIC slow moving vehicle sign. / BIC license plate bracket / one extra operators manual hard copy. BASE WARRAINTY ONE YEAR - UNLIMITED HRS MANUFACTURER WARRANTY. *** MACHINE QUOTED IS SUBJECT TO AVAILABILITY *** **** INTEREST RATE QUOTED IS BASED ON CURRENT RATES. INTEREST RATE IS SUBJECT TO CHANGE, BASED ON THE FINANCIAL INSTITUTION **** ***Quote Expires 11 /25/2023 ***Financing Available on Approved Credit (OAC) ***Unit Based on Availability *** QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES *** SONSRAY SIGNATURE SERVICE – A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery. ATTACHMENT 1Page 144 of 882 Page 2 of 3 48066691 Coupler 82" 4IN1 BUCKET with bolt on edges $8,243.73 Factory Freight $4,833.74 311053A1 MANUAL CPLR $4,554.05 PPP-Premier 48/4000 ($0 Deductible)$3,400.00 Final Customer Delivery PDI $2,395.00 84258175 HOSE KITJUMPHOSE KIT $1,816.84 BIC SI3366 LED FOUR CORNER STROBS $1,006.25 Delivery Freight TO CUSTOMER $ 575.00 BIC SI3299 GRILL GUARD KIT $ 500.00 LOAD FEE $ 500.00 one extra copy of operators manual hard copy 1 91763063 570N EP OM $ 190.28 DMV. Registration. And service fee.$ 175.00 BIC SI3014 SLOW MOVING & BRACKET $ 75.00 BIC SI3057 LIC PLATE BRACKET (NON LITE)$ 75.00 ein numbers $ 55.00 Quoted Price $125,875.69 Sales Tax 7.75 %$9,491.87 CA Tire Tax $ 7.00 Cash Due or Finance Amount $135,374.56 Page 145 of 882 Page 3 of 3 1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged. 2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller. 3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof. 4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections. 5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear. 6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law. 7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal. 8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. 9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract. 10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs. 11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein. Page 146 of 882 \ DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services - Utilities SUBJECT:Consideration of a Power Purchase Agreement with Golden Fields Solar IV, LLC to Purchase the Renewable Energy and Capacity From the Proposed Solar Photovoltaic Project and Authorizing the City Manager or His Designee to Sign the Power Purchase Agreement, Buyers’ Agent Agreement, and Any Related Documents. (CITY) RECOMMENDATION: Staff recommends the City Council consider a Power Purchase Agreement with Golden Fields Solar IV, LLC to purchase the renewable energy and capacity from the proposed Solar Photovoltaic Project, located in Kern County, California for a total of 3 megawatts and authorizing the City Manager or his designee to sign the Power Purchase Agreement, Buyers’ Agent Agreement, and any related documents. BACKGROUND: The Rancho Cucamonga Municipal Utility (RCMU), as a publicly owned electric utility (POU) is mandated by the state to own and/or procure eligible renewable energy for compliance with the state’s Renewable Portfolio Standard (RPS). Senate Bill (SB) 100 which became law in 2018 maintained the existing target of 33% RPS by 2020 (which RCMU met), an average of 40% eligible renewable energy resources by the end of 2024, an average of 50% eligible renewable energy resources by the end of 2027 and 100% of its electricity would need to come from eligible renewable resources and zero-carbon resources by the end of 2045. ANALYSIS: In December 2021, a three independent POUs—RCMU, the City of Moreno Valley Electric Utility (MVU) and the Eastside Power Authority (Eastside)—(i.e., joint group) issued the first of multiple Request for Proposals (RFPs) for long term renewable resources for our respective utilities. The initial proposals received were subsequently rejected because many of the proposals were either too large, not yet permitted, or not meeting the joint group’s needs. Additionally, during the first quarter of 2022, the U.S. Department of Commerce began a 1-year solar tariff investigation on imported solar panels, which essentially paused the solar industry from new solar construction due to solar suppliers not shipping their panels to the U.S. The joint group extended the timing of the RFP another two (2) months and then left it as a rolling RFP to receive proposals that may fit our needs. By the end of the second quarter of 2022, the joint group shortlisted three (3) proposals and began negotiations, keeping in mind project feasibility due to panel supply side issues, construction timeline, existing solar project expansion opportunities and project fit for the joint group. In the third quarter of 2022, the joint group began exclusive preliminary negotiations for a Page 147 of 882 Page 2 2 1 5 3 purchase of long-term solar energy with Clearway Energy based on price, project size, and project location with the goal of finalizing and executing a Power Purchase Agreement (PPA). Solar Photovoltaic (PV) energy continues to dominate the renewable energy supply in California due to pricing, location and transmission connection. In November 2023, the joint group concluded negotiations with Clearway Energy for their Golden Fields Solar IV Project and has concluded with a PPA with the following terms, conditions, and pricing: The proposed Golden Fields Solar IV Project (Solar Project) is a 10 megawatt (MW) Solar PV generating facility located in Kern County with a contract term for 15 years. The contract price for energy from the project is $46.00 per megawatt hour (MWh), fixed over the life of the contract, which includes System Resource Adequacy (RA). RCMU’s entitlement for this Solar Project will be a 30% (3 MWs) share of the project, Eastside will have a 10% (1 MW) entitlement of the project and MVU will have a 60% entitlement (6 MWs). Because MVU is the majority off taker of the Solar Project, they will also act as the Buyers Agent on behalf of the joint group regarding the administrative approvals and responses with the Golden Fields Solar IV team in order to keep communication with one (1) single entity of the joint group in regard to the PPA. The Buyers’ Agent Agreement is attached as reference to the staff report. The expected commercial operation date of the Solar Project is June 1, 2025. Additionally, the PPA provides the joint group with a “bridge product” of renewable energy at a cost of $40.00 per MWh which will help the joint group meet the state’s RPS compliance requirements for the 2024 calendar year while the Solar Project is under construction. Some of the benefits associated with the Solar Project include: Renewable Resource/Proximity: •The Solar Project agreement is for energy, capacity, and all environmental attributes. The annual contract quantity for RCMU is estimated to be approximately 10,400 MWh of energy in the project's first year of operation which is 2025. •The Solar Project is located in Kern County and will interconnect directly to the California Independent System Operator (CAlSO) and will qualify for Portfolio Content Category 1 under the state's RPS requirements and have System RA capacity. •The Solar Project provides another renewable source dedicated to RCMU, which increases the Utility’s resiliency and ability to meet our state mandates for renewable energy and will continue to help meet the City’s greenhouse gas emission reduction targets. Portfolio Fit and Viability: •The 3 MW project size is a good match for RCMU's renewable energy requirements and will fit nicely into RCMU's renewable portfolio, adding an additional 8% of RCMU’s annual renewable energy requirements in 2025. •The Solar Project has already completed several important milestones, such as site control, transmission interconnection studies, and environmental studies and permits have already been achieved, as well as the completion of an interconnection agreement with the CAISO. •The project developer, Clearway Energy is very experienced and credible, with several utility-scale solar projects already operating and under construction, including the Golden Fields III Project, a 192 MW project adjacent to the proposed site. Page 148 of 882 Page 3 2 1 5 3 Cost: •The contract price is $46.00 per MWh fixed each year of the 15-year contract term after the commercial operation date. The typical contract price for a Solar PV renewable project similar in size ranges from $40-$50 per MWh, so based on the project’s sizing, the contract price is appropriate. As a point of reference, the City recently entered into PPAs for local small-scale roof-top solar projects at the Bridgepoint and Speedway Commerce sites at a contract price of $82.00 per MWh fixed each year of the 25-year contract term. The difference in cost is related to the scale and type of generation site (roof-top solar vs. solar farm). Solar farm costs for power tends to decline as the size of the generator increases due to economies of scale for development of the generation site, as well as direct electricity transmission to the grid. •By partnering with two (2) other electric utilities for this project, RCMU was able to achieve some economies of scale. RCMU will pay only for the energy that is delivered at the fixed price. Since this is a PPA, RCMU will not have ownership in the project and will not incur any capital expenditures. Some of the risks associated with the Solar Project include: •The energy output can be variable due to the intermittency of Solar PV, cloud cover and other weather conditions. •Like all other long-term commitments, the proposed agreement carries financial and compliance risks. The risks are primarily related to the possibility that: (1.) future alternative renewable resources may have a lower price and/or (2.) the Solar Project does not produce the output as expected. •The PPA term is for 15 years. The City Council adopted an Energy Risk Management Policy on April 18, 2012, indicating a maximum term of any supply resource transaction (purchase or sale) should be 10 years, unless specifically approved by the City Council. The 15-year term will meet RCMU’s long-term portfolio planning objectives but provides some risk due to a longer-term fixed rate for RCMU’s renewable energy needs. In Compliance Period (CP) 4, the state mandated RPS goal is an average of 40% renewable by the end of calendar year 2024, which RCMU is expected to meet. In CP 5, the state mandated RPS goal is an average 50% renewable by the end of 2027. The 50% requirement is based on RCMU’s forecasted retail sales, which is a fluctuating number that may grow or remain steady over the years based on development activity. The Solar Project will move RCMU’s RPS forward another 9% to a 47% RPS out of the overall 50% renewable requirement by the end of 2027. RCMU will need to add another small short-term renewable PPA before the end of 2027 in order to meet the remaining 3% shortfall for the overall 50% renewable requirement by the end of 2027, so staff will continue to look at other future opportunities. RCMU Renewable Projects 2025 RPS%2027 RPS% Astoria 2 Solar 14%14% Antelope 3B Solar 13%13% City of RC SMDG Solar 1%1% Hillwood Solar 5%5% Bridgepoint Solar 6%6% Golden Fields Solar IV (Solar Project) 9%9% Future short-term PPA (TBD)N/A 3% RPS% Total 47%50% Page 149 of 882 Page 4 2 1 5 3 RCMU staff and RCMU’s outside legal counsel have reviewed and approved the attached PPA between the City and Golden Fields Solar IV, LLC, as well as the Buyers’ Agent Agreement and indicated no objections to the proposed agreement. RCMU shall strive to procure adequate and eligible supplies of renewable energy resources to meet the procurement targets and portfolio content categories as set forth in the City’s RPS Procurement Plan. Consistent with the Plan, approval of the Solar Project will help RCMU achieve regulatory compliance as well as meet RPS goals in a cost-effective manner. RCMU will continue to look at different business models and renewable PPA rate structures for future Solar PV projects in order to maintain equity for all customers. FISCAL IMPACT: The approval of the Solar Project’s Power Purchase Agreement with Golden Fields Solar IV, LLC would result in RCMU paying $46.00/MWh in solar renewable energy or approximately $478,400/year. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: The approval of the Power Purchase Agreement will enhance the City’s position as the premier community in our region by expanding the use of renewable energy resources within RCMU’s service area. ATTACHMENTS: Attachment 1 – Golden Fields Solar IV Power Purchase Agreement Attachment 2 – Buyers’ Agent Agreement Page 150 of 882 Execution Version i POWER PURCHASE AGREEMENT COVER SHEET Seller: Golden Fields Solar IV, LLC, a Delaware limited liability company (“Seller”) Buyer: City of Rancho Cucamonga (“Buyer”) Buyer’s Fraction: 30% Description of Facility: A dedicated and separately metered 10 MW AC photovoltaic electric generating facility located in Kern County, California, which is adjacent to a larger solar photovoltaic and energy storage facility being developed at the same Site, all located in Kern County, in the State of California, as further described in Exhibit A. Milestones: Milestone Completion Date Evidence of Site Control Complete CEC Pre-Certification Obtained August 1, 2024 Documentation of Conditional Use Permit if required: [X] CEQA, [] Cat Ex, [] Neg Dec, [] Mitigated Neg Dec, [X] EIR Complete Seller’s Receipt of Phase I and Phase II Interconnection study results for Seller’s Interconnection Facilities Complete Executed Interconnection Agreement Complete Bridge Product Delivery Start Date January 1, 2024 Bridge Product Delivery End Date December 31, 2024 Expected Construction Start Date November 1, 2024 Initial Synchronization March 15, 2025 Network Upgrades Completed March 1, 2025 Expected Commercial Operation Date June 1, 2025 ATTACHMENT 1Page 151 of 882 ii 4 2 6 5 Delivery Term: The period for Product delivery will be for fifteen (15) Contract Years. Expected Energy: Contract Year Expected Energy (MWh) 1 34,705 2 34,532 3 34,359 4 34,187 5 34,016 6 33,846 7 33,677 8 33,509 9 33,341 10 33,174 11 33,008 12 32,843 13 32,679 14 32,516 15 32,353 Guaranteed Capacity: 10 MW Monthly Expected Energy:1 1 This table reflects Buyer’s Fraction of Seller’s Expected Energy by calendar month in the first Contract Year, as if the first Contract Year begins on January first. The first Contract Year may begin on another date, per the terms of this Agreement. Page 152 of 882 iii 4 2 6 5 Month Expected Energy (MWh) January 2,099.8 February 2,219.6 March 2,901.6 April 3,093.9 May 3,575.4 June 3,651.6 July 3,625.0 August 3,477.5 September 3,061.6 October 2,795.0 November 2,258.3 December 1,945.6 Contract Price: Contract Year Contract Price ($/MWh) 1-15 $46.00 without escalation Product: Energy Green Attributes Portfolio Content Category 1 Capacity Attributes Page 153 of 882 iv 4 2 6 5 Scheduling Coordinator: Seller or Seller’s designated Scheduling Coordinator Development Security: Buyer’s Fraction multiplied by $80,000 per MW of Guaranteed Capacity (as of the Effective Date) Performance Security: Buyer’s Fraction multiplied by $80,000 per MW of Installed Capacity [Signatures on following page.] Page 154 of 882 v 4 2 6 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date. SELLER Golden Fields Solar IV, LLC By: Name: Title: BUYER City of Rancho Cucamonga By: Name: Title: Page 155 of 882 1 RENEWABLE POWER PURCHASE AGREEMENT This Renewable Power Purchase Agreement (“Agreement”) is entered into as of [___], 2023 (the “Effective Date”), between Seller and Buyer. Buyer and Seller are sometimes referred to herein individually as a “Party” and jointly as the “Parties.” All capitalized terms used in this Agreement are used with the meanings ascribed to them in Article 1 to this Agreement. RECITALS WHEREAS, Seller intends to develop, design, construct, own, and operate the Facility; and WHEREAS, Seller desires to sell, and Buyer desires to purchase, on the terms and conditions set forth in this Agreement, the Product in accordance with Buyer’s Fraction; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree to the following: ARTICLE 1 DEFINITIONS 1.1 Contract Definitions. The following terms, when used herein with initial capitalization, shall have the meanings set forth below: “AC” means alternating current. “Accepted Compliance Costs” has the meaning set forth in Section 3.11. “Adjusted Energy Production” has the meaning set forth in Exhibit G. “Affiliate” means, with respect to any Person, each Person that directly or indirectly controls, is controlled by, or is under common control with such designated Person. For purposes of this definition and the definition of “Permitted Transferee”, “control”, “controlled by”, and “under common control with”, as used with respect to any Person, shall mean (a) the direct or indirect right to cast at least fifty percent (50%) of the votes exercisable at an annual general meeting (or its equivalent) of such Person or, if there are no such rights, ownership of at least fifty percent (50%) of the equity or other ownership interest in such Person, or (b) the right to direct the policies or operations of such Person. For purposes of this Agreement, Clearway Energy, Inc. shall be deemed to be an Affiliate of Seller. “Agreement” has the meaning set forth in the Preamble and includes any exhibits, schedules and any written supplements hereto, the Cover Sheet, and any designated collateral, credit support or similar arrangement between the Parties. “Ancillary Services” means all ancillary services, products and other attributes, if any, associated with the Facility. Page 156 of 882 2 “Availability Incentive Payment” has the meaning set forth in the CAISO Tariff. “Approved Forecast Vendor” means (x) the CAISO or (y) any vendor reasonably acceptable to both Buyer and Seller for the purposes of providing and verifying the forecasts under Section 4.3. “Automated Dispatch System” or “ADS” has the meaning set forth in the CAISO Tariff. “Available Capacity” means the capacity from the Facility, expressed in whole MWs, that is available at a particular time to generate Energy. “Bankrupt” means with respect to any entity, such entity that (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law, (b) has any such petition filed or commenced against it which remains unstayed or undismissed for a period of ninety (90) days, (c) makes an assignment or any general arrangement for the benefit of creditors, (d) otherwise becomes bankrupt or insolvent (however evidenced), (e) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or (f) is generally unable to pay its debts as they fall due. “Bridge Product” has the meaning set forth in Section 3.15. “Bridge Product Delivery Term” has the meaning set forth in Section 3.15(a). “Bridge Product Offer” has the meaning set forth in Section 3.15(c). “Business Day” means any day except a Saturday, Sunday, or a Federal Reserve Bank holiday in California. A Business Day begins at 8:00 a.m. and ends at 5:00 p.m. local time for the Party sending a Notice, or payment, or performing a specified action. “Buyer” has the meaning set forth on the Cover Sheet. “Buyer’s Facility Agent” means an agent appointed by Buyer pursuant to a written agreement among buyers of the Facility output for the purpose of administering certain aspects of Facility operational issues and this Agreement which is detailed in the written agreement. The appointment may be changed from time to time with Notice thereof to Seller. As of the Effective Date, the Buyer’s Facility Agent shall be the City of Moreno Valley. If at any point during the Term of this Agreement no Buyer’s Facility Agent is appointed or such agent has resigned or is removed and is not replaced, then Buyer shall act as the Buyer’s Facility Agent for purposes of this Agreement until a replacement agent is appointed, except with respect to the Floor Price, which shall remain set at the most recent Floor Price communicated by the last authorized Buyer’s Facility Agent. “Buyer’s Default” means an Event of Default of the Buyer. “Buyer’s Fraction” has the meaning set forth on the Cover Sheet. “Buyer’s WREGIS Account” has the meaning set forth in Section 4.8(a). Page 157 of 882 3 “CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions. “CAISO Approved Meter” means a CAISO approved revenue quality meter or meters, CAISO approved data processing gateway or remote intelligence gateway, telemetering equipment and data acquisition services sufficient for monitoring, recording and reporting, in real time, all Facility Energy delivered to the Delivery Point. “CAISO Grid” has the same meaning as “CAISO Controlled Grid” as defined in the CAISO Tariff. “CAISO Operating Order” means the “operating order” defined in the CAISO Tariff. “CAISO Tariff” means the California Independent System Operator Corporation Agreement and Tariff, Business Practice Manuals (BPMs), and operating procedures, including the rules, protocols, procedures and standards attached thereto, as the same may be amended or modified from time-to-time and approved by FERC. “California Renewables Portfolio Standard” or “RPS” means the renewable energy program and policies established by California State Senate Bills 1038 (2002), 1078 (2002), 107 (2008), X-1 2 (2011), 350 (2015), and 100 (2018), codified in, inter alia, California Public Utilities Code Sections 399.11 through 399.31 and California Public Resources Code Sections 25740 through 25751, as such provisions are amended or supplemented from time to time. “Capacity Attribute” means any current or future defined characteristic, certificate, tag, credit, or accounting construct associated with the amount of Energy that the Facility can generate and deliver to the Delivery Point at a particular moment, that can be purchased and sold under CAISO market rules. “Capacity Damages” has the meaning set forth in Exhibit B. “CEC” means the California Energy Commission, or any successor agency performing similar statutory functions. “CEC Certification and Verification” means that the CEC has certified (or, with respect to periods before the date that is up to one hundred eighty (180) days after the Commercial Operation Date, that the CEC has pre-certified) that the Facility is an Eligible Renewable Energy Resource for purposes of the California Renewables Portfolio Standard, meeting all applicable requirements for certified facilities set forth in the RPS Eligibility Guidebook, Ninth Edition (or its successor), and that all Energy generated by the Facility and delivered to the Delivery Point qualifies as generation from an Eligible Renewable Energy Resource. “CEC Precertification” means that the CEC has issued a precertification for the Facility indicating that the planned operations of the Facility would comply with applicable CEC requirements for CEC Certification and Verification. Page 158 of 882 4 “CEQA” means the California Environmental Quality Act, California Public Resources Code §§ 21000, et seq. and Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. “Change of Control” means any circumstance in which Ultimate Parent ceases to own, directly or indirectly through one or more intermediate entities, more than fifty (50%) of the outstanding equity interests in Seller; provided that a Change of Control will not have occurred if Ultimate Parent remains the Managing Member of the entity that owns, directly or indirectly through one or more intermediate entities, more than fifty percent (50%) of the outstanding equity interests in Seller; provided further that in calculating ownership percentages for all purposes of the foregoing: (a) any ownership interest in Seller held by its Ultimate Parent indirectly through one or more intermediate entities shall not be counted toward the Ultimate Parent’s ownership interest in Seller unless the Ultimate Parent directly or indirectly owns more than fifty percent (50%) of the outstanding equity interests in each such intermediate entity; and (b) ownership interests in Seller owned directly or indirectly by any Lender (including any tax equity provider) shall be excluded from the total outstanding equity interests in Seller. “Claim” has the meaning set forth in Section 16.2(a). “COD Certificate” has the meaning set forth in Exhibit B. “Code” means the Internal Revenue Code of 1986, as amended from time to time, and any successor statute, including the rules or regulations promulgated thereunder, in each case as in effect from time to time. References to sections of the Code shall be construed to also refer to any successor sections. “Collateral Assignment Agreement” has the meaning set forth in Section 14.2. “Commercial Operation” has the meaning set forth in Exhibit B. “Commercial Operation Date” has the meaning set forth in Exhibit B. “Commercial Operation Delay Damages” means a daily amount equal to (a) the Development Security amount required hereunder, divided by (b) one hundred eighty (180). “Compliance Actions” has the meaning set forth in Section 3.11. “Compliance Expenditure Cap” has the meaning set forth in Section 3.11. “Confidential Information” has the meaning set forth in Section 18.1. “Construction Delay Damages” means a daily amount equal to (a) the Development Security amount required hereunder, divided by (b) one hundred eighty (180). Page 159 of 882 5 “Construction Start” has the meaning set forth in Exhibit B. “Construction Start Date” has the meaning set forth in Exhibit B. “Contract Price” has the meaning set forth in the Cover Sheet. “Contract Price for Bridge Product” has the meaning set forth in Section 3.15(c). “Contract Quantity of Bridge Product” has the meaning set forth in Section 3.15(b). “Contract Term” has the meaning set forth in Section 2.1. “Contract Year” means a period of twelve (12) consecutive months. The first Contract Year shall commence on the Commercial Operation Date, and each subsequent Contract Year shall commence on the anniversary of the Commercial Operation Date. “Costs” means, with respect to the Non-Defaulting Party, brokerage fees, commissions and other similar third party transaction costs and expenses reasonably incurred by such Party either in terminating any arrangement pursuant to which it has hedged its obligations or entering into new arrangements which replace the Agreement; and all reasonable attorneys’ fees and expenses incurred by the Non-Defaulting Party in connection with terminating the Agreement. “Cover Sheet” means the cover sheet to this Agreement, which is incorporated into this Agreement. “COVID-19” means the epidemic disease designated COVID-19 and the related virus designated SARS-CoV-2 and any mutations thereof, and the efforts of a Governmental Authority to combat such disease. “CPUC” means the California Public Utilities Commission, or any successor agency performing similar statutory functions. “Credit Rating” means, with respect to any entity, the rating then assigned to such entity’s unsecured, senior long-term debt obligations (not supported by third party credit enhancements), or if such entity does not have a rating for its senior unsecured long-term debt, then the rating then assigned to such entity as an issuer rating by S&P, Fitch, or Moody’s, as applicable. If ratings by S&P, Fitch, or Moody’s are not equivalent, the lower rating shall apply. “Curtailment Cap” is the yearly quantity per Contract Year, in MWh, equal to fifty (50) hours multiplied by the Installed PV Capacity. “Curtailment Order” means any of the following: (a) a curtailment ordered by CAISO, including through the ADS or a CAISO Operating Order, for the following reasons: (i) any System Emergency, or (ii) any warning of an anticipated System Emergency, or warning of an imminent condition or situation, which jeopardizes CAISO’s electric system integrity or the integrity of other systems to which CAISO is connected; Page 160 of 882 6 (b) a curtailment ordered by the Participating Transmission Owner for reasons including, but not limited to, (i) any situation that affects normal function of the electric system including, but not limited to, any abnormal condition that requires action to prevent circumstances such as equipment damage, loss of load, or abnormal voltage conditions, or (ii) any warning, forecast or anticipation of conditions or situations that jeopardize the Participating Transmission Owner’s electric system integrity or the integrity of other systems to which the Participating Transmission Owner is connected; (c) a curtailment ordered by CAISO or the Participating Transmission Owner due to scheduled or unscheduled maintenance on the Participating Transmission Owner’s transmission facilities that prevents (i) Buyer from receiving or (ii) Seller from delivering Facility Energy to the Delivery Point; or (d) a curtailment in accordance with Seller’s obligations, or due to physical or operational limitations on the transfer of electric power, under its Interconnection Agreement with the Participating Transmission Owner or CAISO. “Curtailment Period” means the period of time, as measured using current Settlement Intervals, during which generation from the Facility is reduced pursuant to a Curtailment Order; provided that the Curtailment Period shall be inclusive of the time required for the Facility to ramp down and ramp up. “Damage Payment” means the dollar amount that is equal to the Development Security amount required hereunder. “Day-Ahead Forecast” has the meaning set forth in Section 4.3(c). “Day-Ahead Market” has the meaning set forth in the CAISO Tariff. “Day-Ahead Schedule” has the meaning set forth in the CAISO Tariff. “Dedicated Interconnection Capacity” has the meaning set forth in Section 4.10. “Deemed Delivered Energy” means Buyer’s Fraction of the amount of Energy expressed in MWh that the Facility would have produced and delivered to the Delivery Point, but that is not produced by the Facility and delivered to the Delivery Point during a Market Curtailment Period which amount shall be equal to (a) the VER Forecast expressed in MWh, applicable to the Market Curtailment Period, or (b) if there is no VER Forecast available, an industry-standard methodology agreed to by Buyer and Seller that utilizes meteorological conditions and relevant Facility data on the Site as input for the period of time during such curtailments or unexcused failure to take delivery of the Product; provided that any lost Production Tax Credit (expressed as the PTC Rate multiplied by the Deemed Delivered Energy) is added to the total Deemed Delivered Energy cost; provided further that in either case the amount of Facility Energy delivered to the Delivery Point during the Market Curtailment Period is subtracted from the total. “Defaulting Party” has the meaning set forth in Section 11.1(a). “Deficient Month” has the meaning set forth in Section 4.8(e). Page 161 of 882 7 “Delivered Energy” shall mean Buyer’s Fraction of all Energy produced from the Facility that is delivered to the Delivery Point as measured in MWh by the Project’s CAISO meter. “Delivery Point” has the meaning set forth in Exhibit A. “Delivery Term” shall mean the period of Contract Years specified on the Cover Sheet, beginning on the Commercial Operation Date, unless terminated earlier in accordance with the terms and conditions of this Agreement. “Development Cure Period” has the meaning set forth in Exhibit B. “Development Security” means any of the following instruments, in the amount specified on the Cover Sheet and delivered and maintained in conformance with Section 8.7: (i) cash or (ii) a Letter of Credit. “Disclosing Party” has the meaning set forth in Section 18.2. “Early Termination Date” has the meaning set forth in Section 11.2. “Economic Bid” has the meaning set forth in the CAISO Tariff. “Effective Date” has the meaning set forth on the Preamble. “Electrical Losses” means all transmission or transformation losses between the Facility and the Delivery Point. “Eligible Renewable Energy Resource” has the meaning set forth in California Public Utilities Code Section 399.12(e) and California Public Resources Code Section 25741(a), as either code provision is amended or supplemented from time to time. “Energy” means metered electrical energy, measured in MWh, that is generated by the Facility. “Energy Only Deliverability Status” has the meaning set forth in the CAISO Tariff. “Energy Supply Bid” has the meaning set forth in the CAISO Tariff. “Event of Default” has the meaning set forth in Section 11.1. “Excess MWh” has the meaning set forth in Section 3.14(c). “Expected Commercial Operation Date” is the date set forth on the Cover Sheet by which Seller reasonably expects to achieve Commercial Operation. “Expected Construction Start Date” is the date set forth on the Cover Sheet by which Seller reasonably expects to achieve Construction Start. “Expected Energy” means the quantity of Energy that Seller reasonably expects to be able to deliver to Buyer during each Contract Year in the quantity specified on the Cover Sheet. Page 162 of 882 8 “Facility” means the solar photovoltaic generating facility described on the Cover Sheet and more fully in Exhibit A attached hereto, located at the Site and including mechanical equipment, associated facilities, and equipment required to deliver Energy to the Delivery Point; provided that Shared Facilities are not included. “Facility Energy” means Buyer’s Fraction of the Energy during any Settlement Interval or Settlement Period, net of Electrical Losses and Station Use, as measured by Facility Meters. “Facility Meter” means the CAISO Approved Meter that will measure all Facility Energy. Without limiting Seller’s obligation to deliver Facility Energy to the Delivery Point, each Facility Meter will be located, and Facility Energy will be measured, at the low voltage side of the main step-up transformer and will be subject to adjustment in accordance with CAISO meter requirements and Prudent Operating Practices to account for Electrical Losses and Station Use, as it impacts Delivered Energy. “FERC” means the Federal Energy Regulatory Commission or any successor government agency. “Floor Price” has the meaning set forth in Exhibit P. “FMM” or “Fifteen-Minute Market” have the meaning set forth in the CAISO Tariff. “FMM Schedule” has the meaning set forth in the CAISO Tariff. “Force Majeure Event” has the meaning set forth in Section 10.1. “Forced Facility Outage” means an unexpected failure of one or more components of the Facility or any outage on the Transmission System that prevents Seller from generating Energy or making Facility Energy available at the Delivery Point and that is not the result of a Force Majeure Event. “Form of Average Expected Energy Report” has the meaning set forth in Section 4.3(a). “Form of Monthly Delivery Forecast” has the meaning set forth in Section 4.3(b). “Forward Certificate Transfers” has the meaning set forth in Section 4.8(a). “Full Capacity Deliverability Status” has the meaning set forth in the CAISO Tariff. “Future Environmental Attributes” shall mean any and all generation, emissions, air quality or other environmental attributes other than Green Attributes or Renewable Energy Incentives under the RPS regulations and/or under any and all other international, federal, regional, state or other law, rule, regulation, bylaw, treaty or other intergovernmental compact, decision, administrative decision, program (including any voluntary compliance or membership program), competitive market or business method (including all credits, certificates, benefits, and emission measurements, reductions, offsets and allowances related thereto) that are attributable, now, or in the future, to the generation of electrical energy by the Facility. Future Environmental Attributes do not include investment tax credits or production tax credits associated with the construction or Page 163 of 882 9 operation of the Facility and other financial incentives in the form of credits, reductions, or allowances associated with the Facility that are applicable to a state or federal income taxation obligation. “Gains” means, with respect to the Non-Defaulting Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of this Agreement for the remaining Contract Term, determined in a commercially reasonable manner, which economic benefit (if any) shall be deemed the gain (if any) to such Non-Defaulting Party represented by, (a) if Buyer is the Non-Defaulting Party, the positive difference between the present value of the payments required to be made during the remaining Contract Term of this Agreement and the present value of the payments that would be required to be made under any transaction(s) replacing this Agreement and (b) if Seller is the Non-Defaulting Party, the positive difference between the present value of the payments that would be required to be made under any transaction(s) replacing this Agreement and the present value of the payments required to be made during the remaining Contract Term of this Agreement. Factors used in determining the economic benefit to a Party may include, without limitation, reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs (e.g., SP-15), all of which should be calculated for the remaining Contract Term, and includes the value of Green Attributes. “Governmental Action” means any delay in the performance of Seller’s obligations hereunder arising out of any of the following affecting the delivery of solar PV modules, inverters, and medium voltage transformers required for the Project, notwithstanding the foreseeability at any time: expropriation, requisition, confiscation, seizure, detention or nationalization; export or import restrictions by any Governmental Authority; embargoes or sanctions; rationing or allocation, at the request or insistence of any Governmental Authority. “Governmental Authority” means any federal, state, provincial, local or municipal government, any political subdivision thereof or any other governmental, congressional or parliamentary, regulatory, or judicial instrumentality, authority, body, agency, department, bureau, or entity with authority to bind a Party at law, including CAISO; provided, however, that “Governmental Authority” shall not in any event include any Party. “Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Facility, and its displacement of conventional energy generation. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (a) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (Sox), nitrogen oxides (Nox), carbon monoxide (CO) and other pollutants; (b) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by Law or laws, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (c) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tags are accumulated on a MWh basis and one Green Page 164 of 882 10 Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the Facility, (ii) any other production tax credits associated with the construction or operation of the Facility and other financial incentives in the form of credits, reductions, or allowances associated with the Facility that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Facility for compliance with local, state, or federal operating and/or air quality permits. “Green Tag Reporting Rights” means the right of a purchaser of renewable energy to report ownership of accumulated “green tags” in compliance with and to the extent permitted by applicable Law and include, without limitation, rights under Section 1605(b) of the Energy Policy Act of 1992, and any present or future federal, state or local certification program or emissions trading program, including pursuant to the WREGIS Operating Rules. “Guaranteed Capacity” means the amount of generating capacity of the Facility, as measured in MW at the Delivery Point, set forth on the Cover Sheet, as the same may be adjusted pursuant to Exhibit B. “Guaranteed Commercial Operation Date” means the Expected Commercial Operation Date, as such date may be extended by the Development Cure Period. “Guaranteed Construction Start Date” means the Expected Construction Start Date, as such date may be extended by the Development Cure Period. “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to eighty percent (80%) of the sum of the Expected Energy for the two (2) Contract Years in the applicable Performance Measurement Period. “Guarantor” means, with respect to Seller, any Person that (a) Buyer does not already have any material credit exposure to under any other agreements, guarantees, or other arrangements at the time its Guaranty is issued, (b) is an Affiliate of Seller, or other third party reasonably acceptable to Buyer, (c) has a Credit Rating of BBB- or better from S&P or a Credit Rating of Baa3 or better from Moody’s or has a tangible net worth of at least One Hundred Million Dollars ($100,000,000), (d) is incorporated or organized in a jurisdiction of the United States and is in good standing in such jurisdiction, and (e) executes and delivers a Guaranty for the benefit of Buyer. “Guaranty” means a guaranty from a Guarantor provided for the benefit of Buyer substantially in the form attached as Exhibit Q or in such other form and substance reasonably acceptable to Buyer. “Imbalance Energy” means the amount of Energy, in any given Settlement Period or Settlement Interval, by which the amount of Facility Energy deviates from the amount of Scheduled Energy. “Indemnifiable Loss(es)” has the meaning set forth in Section 16.1. Page 165 of 882 11 “Indemnified Party” has the meaning set forth in Section 16.1. “Indemnifying Party” has the meaning set forth in Section 16.1. “Initial Synchronization” means the initial delivery of Facility Energy to the Delivery Point. “Installed Capacity” means the actual generating capacity of the Facility, as measured in MW(ac) at the Delivery Point, that achieves Commercial Operation, adjusted for ambient conditions on the date of the performance test, not to exceed the Guaranteed Capacity, as evidenced by a certificate substantially in the form attached as Exhibit I hereto provided by Seller to Buyer. “Interconnection Agreement” means the interconnection agreement entered into by Seller or an Affiliate pursuant to which the Facility will (a) be interconnected with the Transmission System and (b) will have capacity rights equal to or greater than the amount of the Guaranteed Capacity, and pursuant to which Seller’s Interconnection Facilities and any other Interconnection Facilities will be constructed, operated and maintained during the Contract Term. “Interconnection Facilities” means the interconnection facilities, control and protective devices and metering facilities required to connect the Facility with the Transmission System in accordance with the Interconnection Agreement. “Interest Rate” has the meaning set forth in Section 8.2. “Inter-SC Trade” or “IST” has the meaning set forth in the CAISO Tariff. “ITC” means the investment tax credit established pursuant to Section 48 of the United States Internal Revenue Code. “Law” means any applicable law, statute, rule, regulation, decision, writ, order, decree, judgment, permit, tariff, or any interpretation thereof, promulgated or issued by a Governmental Authority. “Lender” means, collectively, any Person (i) providing senior or subordinated construction, interim, back leverage or long-term debt, equity or tax equity financing or refinancing for or in connection with the development, construction, purchase, installation or operation of the Facility, whether that financing or refinancing takes the form of private debt (including back-leverage debt), public debt, tax equity or any other form (including financing or refinancing provided to a member or other direct or indirect owner of Seller), including any equity or tax equity investor directly or indirectly providing financing or refinancing for the Facility or purchasing equity ownership interests of Seller or its Affiliates, and any trustee or agent acting on their behalf, (ii) providing interest rate or commodity protection under an agreement hedging or otherwise mitigating the cost of any of the foregoing obligations, or (iii) participating in a lease financing (including a sale leaseback or leveraged leasing structure) with respect to the Facility. “Letter(s) of Credit” means one or more irrevocable, standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch with such bank having a Credit Rating of at least A- with an outlook designation of “stable” from S&P or A3 with an outlook designation Page 166 of 882 12 of “stable” from Moody’s, in a form substantially similar to the letter of credit set forth in Exhibit K. “Licensed Professional Engineer” means an independent, professional engineer reasonably acceptable to Buyer, who is licensed in the State of California and has training and experience with facilities similar to the Facility. “Locational Marginal Price” or “LMP” has the meaning set forth in the CAISO Tariff. “Losses” means, with respect to the Non-Defaulting Party, an amount equal to the present value of the economic loss to it, if any (exclusive of Costs), resulting from termination of this Agreement for the remaining Contract Term, determined in a commercially reasonable manner. Factors used in determining economic loss to a Party may include, without limitation, reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non- Defaulting Party, including without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs (e.g., SP-15), all of which should be calculated for the remaining Contract Term and must include the value of Green Attributes and Renewable Energy Incentives. “Lost Output” has the meaning set forth in Section 4.7. “Managing Member” means the managing member in any tax equity, yieldco drop down or similar financing structure, so long as such managing member is responsible for administration of project agreements including this Agreement. “Market Curtailment Period” has the meaning set forth in Exhibit P. “Market Price” means the Fifteen Minute Market Locational Marginal Price expressed in $/MWh at the Delivery Point for the specific interval. To the extent changes to the CAISO market rules eliminate a Fifteen Minute Market Locational Market Price at the Point of Delivery, then the Parties shall cooperate in good faith to select an alternate Market Price in order to preserve the mutually agreed-upon benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. “Milestones” means the development activities for significant permitting, interconnection, financing, and construction milestones set forth in the Cover Sheet. “Monthly Delivery Forecast” means the monthly forecast delivered by Seller pursuant to Section 4.3(b). “Moody’s” means Moody’s Investors Service, Inc. “MW” means megawatts measured in alternating current, unless expressly stated in terms of direct current. Page 167 of 882 13 “MWh” means megawatt-hour measured in alternating current, unless expressly stated in terms of direct current. “Negative LMP” means, in any Settlement Period or Settlement Interval, the Fifteen Minute Market Price at the Facility’s PNode is less than zero dollars ($0). “Negative LMP Floor” means the Floor Price as defined in the Negative Pricing Bid Protocol given in Exhibit P. “Negative Price Curtailment” is a curtailment of deliveries of Energy from the Facility to Buyer pursuant to the protocol for Negative Price Curtailment described in Exhibit P. “NERC” means the North American Electric Reliability Corporation or any successor entity performing similar functions. “Network Upgrades” has the meaning set forth in the CAISO Tariff. “Non-Availability Charge” has the meaning set forth in the CAISO Tariff. “Non-Defaulting Party” has the meaning set forth in Section 11.2. “Notice” shall, unless otherwise specified in the Agreement, mean written communications by a Party to be delivered by hand delivery, United States mail, overnight courier service, facsimile or electronic messaging (e-mail). “Notice of Claim” has the meaning set forth in Section 16.2(a). “Pacific Prevailing Time” means the prevailing standard time or daylight savings time, as applicable, in the Pacific time zone. “Participating Transmission Owner” or “PTO” means an entity that owns transmission lines and associated facilities and/or has entitlements to use certain transmission lines and associated facilities where the Facility is interconnected. For purposes of this Agreement, the Participating Transmission Owner is set forth in Exhibit A. “Party” or “Parties” has the meaning set forth in the Preamble. “Performance Measurement Period” means each two (2) consecutive Contract Year period during the Delivery Term. “Performance Security” means any of the following instruments, in the amount specified on the Cover Sheet and delivered and maintained in conformance with Section 8.8: (i) cash, (ii) a Letter of Credit, or (iii) a Guaranty. “Performance Security End Date” has the meaning set forth in Section 8.8. “Permitted Transferee” means (i) any Affiliate of Seller or (ii) any entity that satisfies, or is controlled by another Person that satisfies, the following requirements: Page 168 of 882 14 (a) A tangible net worth of not less than one hundred fifty million dollars ($150,000,000) or a Credit Rating of at least BBB- from S&P, BBB- from Fitch, or Baa3 from Moody’s; and (b) At least two (2) years of experience in the ownership and operations of power generation facilities similar to the Facility or has retained a third-party with such experience to operate the Facility. “Person” means an individual, corporation, sole proprietorship, limited liability company, limited or general partnership, joint venture, association, joint-stock company, trust, incorporated organization, institution, public benefit corporation, unincorporated organization, governmental entity or other entity. “Planned Outage” has the meaning set forth in Section 4.6(a). “PNode” has the meaning set forth in the CAISO Tariff. “Portfolio Content Category” means PCC1, PCC2 or PCC3, as applicable. “Portfolio Content Category 1” or “PCC1” means any Renewable Energy Credit associated with the generation of electricity from an Eligible Renewable Energy Resource consisting of the portfolio content set forth in California Public Utilities Code Section 399.16(b)(1), as may be amended from time to time or as further defined or supplemented by Law. “Portfolio Content Category 2” or “PCC2” means any Renewable Energy Credit associated with the generation of electricity from an Eligible Renewable Energy Resource consisting of the portfolio content set forth in California Public Utilities Code Section 399.16(b)(2), as may be amended from time to time or as further defined or supplemented by Law. “Portfolio Content Category 3” or “PCC3” means any Renewable Energy Credit associated with the generation of electricity from an Eligible Renewable Energy Resource consisting of the portfolio content set forth in California Public Utilities Code Section 399.16(b)(3), as may be amended from time to time or as further defined or supplemented by Law. “Product” the meaning set forth on the Cover Sheet, and for avoidance of doubt is in each of the following cases from and associated with the Facility Energy and includes (i) Energy, (ii) Green Attributes including PCC1 Green Attributes, (iii) Ancillary Services, and (iv) any Future Environmental Attributes as applicable in accordance with Section 3.5. “Progress Report” means a progress report including the items set forth in Exhibit E. “Prudent Operating Practice” means (a) the applicable practices, methods and acts required by or consistent with applicable Laws and reliability criteria, and otherwise engaged in or approved by a significant portion of the electric utility industry during the relevant time period with respect to grid-interconnected, utility-scale generating facilities with integrated storage in the Western United States, or (b) any of the practices, methods and acts which, in light of the facts Page 169 of 882 15 known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Prudent Operating Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to acceptable practices, methods or acts generally accepted in the industry with respect to grid-interconnected, utility-scale generating facilities with integrated storage in the Western United States. Prudent Operating Practice includes compliance with applicable Laws, applicable reliability criteria, and the criteria, rules and standards promulgated in the National Electric Safety Code and the National Electrical Code, as they may be amended or superseded from time to time, including the criteria, rules and standards of any successor organizations. “PTC” means the production tax credit established pursuant to Section 45 of the Code. “PTC Rate” means the then-current rate for the PTCs ($/MWh) applicable to the Facility on an after-tax basis; provided that, the PTC Rate shall be $0/MWh to the extent the Facility is not then receiving any Production Tax Credits during the applicable period. Solely as an example, the current PTC Rate for solar projects that began construction as of the Effective Date, meet the prevailing wage test, and are not entitled to PTC adders is $27.50/MWh. “Qualified Buyer Assignee” means a third-party Person (a) whose long-term unsecured indebtedness is rated “BBB-” or higher by S&P Global Ratings or “Baa3” or higher by Moody’s Investors Service, Inc. and who is not on negative watch by S&P Global Ratings or Moody’s Investors Service, Inc., as applicable or (b) who is either the Eastside Power Authority or the City of Moreno Valley. “Real-Time Forecast” means any Notice of any change to the Available Capacity or hourly expected Energy delivered by or on behalf of Seller pursuant to Section 4.4(d). “Real-Time Market” has the meaning set forth in the CAISO Tariff. “Real-Time Market Price” means the Resource-Specific Settlement Interval LMP defined in the CAISO Tariff. If there is more than one applicable Real-Time Price for the same period of time, Real-Time Price shall mean the price associated with the smallest time interval. “Receiving Party” has the meaning set forth in Section 18.2. “Remedial Action Plan” has the meaning in Section 2.4. “Renewable Energy Credit” has the meaning set forth in California Public Utilities Code Section 399.12(h), as may be amended from time to time or as further defined or supplemented by Law. “Renewable Energy Incentives” means: (a) all federal, state, or local Tax credits or other Tax benefits associated with the construction, ownership, or production of electricity from the Facility (including credits under Sections 38, 45, 46 and 48 of the Code); (b) any federal, state, or local grants, subsidies or other like benefits relating in any way to the Facility; and (c) any other form of incentive relating in any way to the Facility that are not a Green Attribute or a Future Environmental Attribute. Page 170 of 882 16 “Replacement Energy” has the meaning given in Exhibit G. “Replacement Green Attributes” has the meaning given in Exhibit G. “Replacement Product” has the meaning given in Exhibit G. “Resource ID” has the meaning set forth in the CAISO Tariff. “S&P” means the Standard & Poor’s Financial Services, LLC (a subsidiary of The McGraw-Hill Companies, Inc.). “Schedule” has the meaning set forth in the CAISO Tariff, and “Scheduled” and “Scheduling” have a corollary meaning. “Scheduled Energy” means the Facility Energy that clears under the applicable CAISO market based on the final Day-Ahead Schedule, FMM Schedule (as defined in the CAISO Tariff), or any other financially binding Schedule, market instruction or dispatch for the Facility for a given period of time implemented in accordance with the CAISO Tariff. “Scheduled Maintenance” means a planned interruption or reduction of the Facility’s generation required for inspection, or preventive or corrective maintenance, in accordance with Prudent Operating Practice. “Scheduling Coordinator” or “SC” means an entity certified by the CAISO as qualifying as a Scheduling Coordinator pursuant to the CAISO Tariff for the purposes of undertaking the functions specified in “Responsibilities of a Scheduling Coordinator,” of the CAISO Tariff, as amended from time to time. The Seller or an agent of Seller will be the Scheduling Coordinator for the Facility as set forth in the Cover Sheet. “Security Interest” has the meaning set forth in Section 8.9. “Self-Schedule” has the meaning set forth in the CAISO Tariff. “Seller” has the meaning set forth on the Cover Sheet. “Seller Permitted Party” means any actual or potential: (i) Lender, (ii) direct or indirect purchaser of all or any part of Seller or the Facility, (iii) engineering, procurement, and construction contractor, and (iv) operation and maintenance provider. “Seller’s WREGIS Account” has the meaning set forth in Section 4.8(a). “Settlement Amount” means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Settlement Amount shall be zero dollars ($0). The Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages. Page 171 of 882 17 “Settlement Interval” has the meaning set forth in the CAISO Tariff. “Settlement Period” has the meaning set forth in the CAISO Tariff. “Shared Facilities” means the gen-tie lines, transformers, substations, switchyards, or other equipment, permits, contract rights, and other assets and property (real or personal), in each case, as necessary to enable delivery of Energy from the Facility (which is excluded from Shared Facilities) to the point of interconnection, including the Interconnection Agreement itself, that are used in common with third parties. “Shared Facilities Agreement” has the meaning set forth in Section 6.3. “Site” means the real property on which the Facility is or will be located, as further described in Exhibit A, and as shall be updated by Seller at the time Seller provides an executed Construction Start Date certificate in the form of Exhibit J to Buyer. “Site Control” means that, for the Contract Term, Seller (or, prior to the Delivery Term, its Affiliate): (a) owns or has the option to purchase the Site; (b) is the lessee or has the option to lease the Site; or (c) is the holder of an easement or an option for an easement, right-of-way grant, or similar instrument with respect to the Site. “SP-15” means the Existing Zone Generation Trading Hub for Existing Zone region SP 15 as set forth in the CAISO Tariff. “Station Use” means: (a) The Energy produced by the Facility that is used within the Facility to power the lights, motors, control systems and other electrical loads that are necessary for operation of the Facility; and (b) The Energy produced by the Facility that is consumed within the Facility’s electric energy distribution system as losses. “System Emergency” means any condition that requires, as determined and declared by CAISO or the PTO, automatic or immediate action to (i) prevent or limit harm to or loss of life or property, (ii) prevent loss of transmission facilities or generation supply in the immediate vicinity of the Facility, or (iii) to preserve Transmission System reliability. “Tax” or “Taxes” means all U.S. federal, state and local and any foreign taxes, levies, assessments, surcharges, duties and other fees and charges of any nature imposed by a Governmental Authority, whether currently in effect or adopted during the Contract Term, including ad valorem, excise, franchise, gross receipts, import/export, license, property, sales and use, stamp, transfer, payroll, unemployment, income, and any and all items of withholding, deficiency, penalty, additions, interest or assessment related thereto. “Tax Credits” means the PTC, ITC, and any other state, local, and/or federal tax credit, depreciation benefit, tax deduction or investment tax credit specific to the production of renewable energy or investments in renewable energy facilities. Page 172 of 882 18 “Terminated Transaction” has the meaning set forth in Section 11.2. “Termination Payment” has the meaning set forth in Section 11.3. “Test Energy” means the Facility Energy delivered (a) commencing on the later of (i) the first date that the CAISO informs Seller in writing that Seller may deliver Facility Energy to the CAISO, (ii) the first date that the PTO informs Seller in writing that Seller has conditional or temporary permission to parallel, and (iii) the end of the Bridge Product Delivery Term and (b) ending upon the occurrence of the Commercial Operation Date. “Test Energy Rate” has the meaning set forth in Section 3.6. “Transmission Provider” means any entity or entities transmitting or transporting the Facility Energy on behalf of Seller or Buyer to or from the Delivery Point. “Transmission System” means the transmission facilities operated by the CAISO, now or hereafter in existence, which provide energy transmission service downstream from the Delivery Point. “Ultimate Parent” means Clearway Energy Group LLC or Clearway Energy, Inc., or any successor ultimate parent of Seller that is approved by Buyer in accordance with Article 14. “Variable Energy Resource” or “VER” has the meaning set forth in the CAISO Tariff. “Variable Energy Resource Forecast” or “VER Forecast” means, for a given period, the final forecast of the Energy to be produced by the Facility prepared by the CAISO pursuant to the CAISO Tariff. “WECC” means the Western Electricity Coordinating Council or its successor. “WREGIS” means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program. “WREGIS Certificate Deficit” has the meaning set forth in Section 4.8(e). “WREGIS Certificates” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard. “WREGIS Operating Rules” means those operating rules and requirements adopted by WREGIS as of January 4, 2021, as subsequently amended, supplemented or replaced (in whole or in part) from time to time. 1.2 Rules of Interpretation. In this Agreement, except as expressly stated otherwise or unless the context otherwise requires: (a) headings and the rendering of text in bold and italics are for convenience and reference purposes only and do not affect the meaning or interpretation of this Agreement; Page 173 of 882 19 (b) words importing the singular include the plural and vice versa and the masculine, feminine and neuter genders include all genders; (c) the words “hereof”, “herein”, and “hereunder” and words of similar import shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (d) a reference to an Article, Section, paragraph, clause, Party, or Exhibit is a reference to that Section, paragraph, clause of, or that Party or Exhibit to, this Agreement unless otherwise specified; (e) a reference to a document or agreement, including this Agreement shall mean such document, agreement or this Agreement including any amendment or supplement to, or replacement, novation or modification of this Agreement, but disregarding any amendment, supplement, replacement, novation or modification made in breach of such document, agreement or this Agreement; (f) a reference to a Person includes that Person’s successors and permitted assigns; (g) the term “including” means “including without limitation” and any list of examples following such term shall in no way restrict or limit the generality of the word or provision in respect of which such examples are provided; (h) references to any statute, code or statutory provision are to be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or reenacted, and include references to all bylaws, instruments, orders and regulations for the time being made thereunder or deriving validity therefrom unless the context otherwise requires; (i) in the event of a conflict, a mathematical formula or other precise description of a concept or a term shall prevail over words providing a more general description of a concept or a term; (j) references to any amount of money shall mean a reference to the amount in United States Dollars, and references to a LMP shall mean the LMP at the Delivery Point unless expressly provided otherwise; (k) words, phrases or expressions not otherwise defined herein that (i) have a generally accepted meaning in Prudent Operating Practice shall have such meaning in this Agreement or (ii) do not have well known and generally accepted meaning in Prudent Operating Practice but that have well known and generally accepted technical or trade meanings, shall have such recognized meanings; and (l) each Party acknowledges that it was represented by counsel in connection with this Agreement and that it or its counsel reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Page 174 of 882 20 ARTICLE 2 TERM; CONDITIONS PRECEDENT 2.1 Contract Term. (a) The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect until the conclusion of the Delivery Term, subject to any early termination provisions set forth herein (“Contract Term”); provided, however, that subject to Buyer’s obligations in Section 3.6, Buyer’s obligations to pay for or accept any Product are subject to Seller’s completion of the conditions precedent pursuant to Section 2.2. (b) Applicable provisions of this Agreement shall continue in effect after termination, including early termination, to the extent necessary to enforce or complete the duties, obligations or responsibilities of the Parties arising prior to termination. The confidentiality obligations of the Parties under Article 18 and all indemnity and audit rights shall remain in full force and effect for three (3) years following the termination of this Agreement. 2.2 Conditions Precedent. The Delivery Term shall not commence until Seller completes each of the following conditions: (a) Seller shall have delivered to Buyer a completion certificate from a Licensed Professional Engineer substantially in the form of Exhibit I setting forth the Installed Capacity on the Commercial Operation Date; (b) A Participating Generator Agreement and a Meter Service Agreement between Seller and CAISO shall have been executed and delivered and be in full force and effect, and a copy of each such agreement delivered to Buyer; (c) An Interconnection Agreement between Seller and the PTO shall have been executed and delivered and be in full force and effect, and a copy of the Interconnection Agreement delivered to Buyer; (d) All required regulatory authorizations, approvals and permits for the operation of the Facility have been obtained (or if not obtained, applied for and reasonably expected to be received within ninety (90) days) and all required conditions thereof that are capable of being satisfied on the Commercial Operation Date for commencement of operation of the Facility have been satisfied and shall be in full force and effect; (e) Seller has received CEC Precertification of the Facility (and reasonably expects to receive final CEC Certification and Verification for the Facility in no more than one hundred eighty (180) days from the Commercial Operation Date); (f) Seller (with the reasonable participation of Buyer) shall have completed (or, for items normally occurring after commercial operation of the Facility, expects to timely complete) all applicable WREGIS registration requirements, including the completion and submittal of all applicable registration forms and supporting documentation, which may include applicable interconnection agreements, informational surveys related to the Facility, QRE service agreements, and other appropriate documentation required to effect Facility registration with Page 175 of 882 21 WREGIS and to enable Renewable Energy Credit transfers related to the Facility within the WREGIS system; (g) Seller has delivered the Performance Security to Buyer in accordance with Section 8.8; and (h) Seller has paid Buyer or authorized Buyer to draw on the Development Security for all amounts owing under this Agreement, if any, including Construction Delay Damages and Commercial Operation Delay Damages. 2.3 Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Construction Start Date, and (ii) each calendar month from the first calendar month following the Construction Start Date until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such monthly reports and discuss Seller’s construction progress. The form of the Progress Report is set forth in Exhibit E. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Seller. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of equipment comprising the Facility. 2.4 Remedial Action Plan. If Seller misses three (3) or more Milestones, or misses any one (1) by more than ninety (90) days, except as the result of a Force Majeure Event or Buyer’s Default, Seller shall submit to Buyer, within ten (10) Business Days of either the third such missed Milestone or the end of the ninety (90) day period for any single uncompleted Milestone, a remedial action plan (“Remedial Action Plan”), which will describe in detail any delays (actual or anticipated) beyond the scheduled Milestone dates, including the cause of the delay (e.g., governmental approvals, financing, property acquisition, design activities, equipment procurement, project construction, interconnection, or any other factor), Seller’s detailed description of its proposed course of action to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date; provided, that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to provide Remedial Action Plans with respect to any subsequent Milestones and to achieve the Guaranteed Commercial Operation Date in accordance with the terms of this Agreement. Subject to the provisions of Exhibit B, so long as Seller complies with its obligations under this Section 2.4, Seller shall not be considered in default of its obligations under this Agreement solely as a result of missing any Milestone. 2.5 Termination Prior to the Commercial Operation Date. If Seller determines in its commercially reasonable discretion that either (a) it is no longer economically feasible for the Facility to achieve Commercial Operation or (b) the Facility will not be able to achieve Commercial Operation by the date that is one hundred and eighty (180) days after the Guaranteed Commercial Operation Date, the Seller will have the right, but not the obligation, to terminate this Agreement (the “Seller Termination Right”). Prior to exercising the Seller Termination Right, Seller shall provide Notice to Buyer of its intent to exercise such Seller Termination Right. Page 176 of 882 22 Following such Notice, Seller and Buyer shall discuss in good faith any amendments to this Agreement reasonably requested by Seller to address the events, circumstances, or causes giving rise to the Seller Termination Right. Prior to the exercise of the Seller Termination Right, Seller shall provide Notice to Buyer of a written proposal with the final material terms and conditions it seeks to include in any potential amendment to this Agreement in order to avoid exercising the Seller Termination Right (the “Seller Pre-Termination Offer Terms”). The Seller Pre- Termination Offer Terms may include, but are not limited to, adjustments to the Contract Price, the Milestones (except related to Bridge Product), and any other terms included in this Agreement, and may include additional benefits to Buyer, as determined by Seller in its commercially reasonable discretion. Seller shall not exercise the Seller Termination Right upon less than thirty (30) days’ Notice after delivery of the Seller Pre-Termination Offer Terms, or so long as the Parties are continuing to negotiate a proposed amendment in good faith, not to exceed sixty (60) days. Seller shall satisfy its Bridge Product obligations under Section 3.15 prior to exercising the Seller Termination Right. Thereafter, if Seller exercises the Seller Termination Right, then Seller shall owe Buyer the Damage Payment plus any accrued and unpaid Construction Delay Damages and Commercial Operation Delay Damages, subject to Section 11.7, and payment of such amount shall constitute liquidated damages and, subject to Seller’s obligations set forth in Section 2.6, Buyer’s sole and exclusive remedy for the termination of this Agreement. Upon such termination and payment by Seller in accordance with this Section 2.5, neither Party will have any further liability to the other under this Agreement, save and except for those obligations set forth in Sections 2.1(b), 2.6 and 3.15, and Buyer shall promptly return to Seller any Development Security then held by Buyer. 2.6 Right of First Offer. If Seller exercises the Seller Termination Right, for a period of sixty (60) days following the effective date of Seller’s termination of this Agreement, neither Seller nor Seller’s Affiliates may agree, or enter into an agreement, to sell or deliver all of the Product to a party other than Buyer unless either (a) the terms and conditions of such sale are materially no more favorable to such party than the Seller Pre-Termination Offer Terms, as determined by Seller in its commercially reasonable discretion, or (b) (i) Seller or a Seller Affiliate has provided Buyer with a written offer to sell all of the Product to Buyer on terms and conditions that are materially no less favorable than what Seller or Seller’s Affiliates intend to agree to with a party other than Buyer (the “Offer”), and (ii) either (1) Buyer rejects the Offer or Buyer has not provided within ten (10) Business Days of Buyer’s receipt thereof a written acceptance of such Offer, or (2) Buyer delivers to Seller within ten (10) Business Days of Buyer’s receipt of the Offer a written acceptance of such Offer, which acceptance shall be subject to finalization and execution of a binding agreement by both Parties incorporating the terms of the Offer and any other provisions or amendments that are mutually acceptable to the Parties, but the Parties have not executed a binding agreement incorporating the terms of the Offer within forty-five (45) days after Buyer’s receipt of the Offer. Buyer’s rights pursuant to this Section 2.6 are limited to offers by Seller and Seller’s Affiliates to sell or deliver all of the Product under this Agreement. Seller and Seller’s Affiliates may, in its commercially reasonable discretion, enter into transactions with third parties for a portion of the Product without violating the terms of this Section 2.6. Page 177 of 882 23 ARTICLE 3 PURCHASE AND SALE 3.1 Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase Buyer’s Fraction of the Product produced by the Facility at the Contract Price and in accordance with Section 3.14, Seller shall sell and deliver to Buyer the Buyer’s Fraction of all such Product produced by the Facility (net of applicable losses). At its sole discretion, Buyer may during the Delivery Term re-sell or use for another purpose all or a portion of the Product, after title and risk of loss thereto has been transferred to Buyer, provided that no such resale or use shall relieve Buyer of any of obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any component thereof, from the Facility after the Delivery Point for resale in the market, and retain and receive any and all related revenues. In no event shall Seller have the right to procure any element of the Product from sources other than the Facility for sale or delivery to Buyer under this Agreement, except with respect to Replacement Product. Subject to Buyer’s obligation to purchase Product in accordance with this Section 3.1 and Section 3.14, Buyer has no obligation to pay Seller for any Product that is not delivered to the Delivery Point as a result of any circumstance, is not associated with Buyer’s Fraction of the Facility, or where the associated Facility Energy is not or cannot be delivered to the Delivery Point, including as a result of an outage of the Facility, a Force Majeure Event, or a Curtailment Order. 3.2 Sale of Green Attributes. During the Delivery Term, Seller shall sell and deliver to Buyer, and Buyer shall purchase and receive from Seller, Buyer’s Fraction of Green Attributes attributable to the Facility Energy generated by the Facility. Seller shall also sell and deliver to Buyer, and Buyer shall purchase and receive from Seller, Buyer’s Fraction of Green Attributes associated with Test Energy generated by the Facility. 3.3 Imbalance Energy. Buyer and Seller recognize that in any given Settlement Period there may be Imbalance Energy. To the extent there is any Imbalance Energy, whether positive or negative, any and all costs, liabilities, revenue and payments related to such Imbalance Energy shall be for the account of Seller. 3.4 Ownership of Renewable Energy Incentives. Seller shall have all right, title, and interest in and to all Renewable Energy Incentives. Buyer acknowledges that any Renewable Energy Incentives belong to Seller. If any Renewable Energy Incentives, or values representing the same, are initially credited or paid to Buyer, Buyer shall cause such Renewable Energy Incentives or values relating to the same to be assigned or transferred to Seller without delay. Buyer shall reasonably cooperate with Seller, at Seller’s sole expense, in Seller’s efforts to meet the requirements for any certification, registration, or reporting program relating to Renewable Energy Incentives. 3.5 Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority through Laws enacted after the Effective Date. Subject to the final sentence of this Section 3.5(a) and Sections Page 178 of 882 24 3.5(b) and 3.11, in such event, Buyer shall bear all costs associated with the transfer, qualification, verification, registration and ongoing compliance for Buyer’s Fraction of such Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Seller’s receipt of Notice from Buyer of Buyer’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to alter the Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration. (b) If Buyer elects to receive Future Environmental Attributes pursuant to Section 3.5(a), the Parties agree to negotiate in good faith with respect to the development of further agreements and documentation necessary to effectuate the transfer of Buyer’s Fraction of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above); provided, that the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement. 3.6 Test Energy. No less than fourteen (14) days prior to the first day on which Test Energy is expected to be available from the Facility, Seller shall notify Buyer of the availability of the Test Energy. If and to the extent the Facility generates and delivers Test Energy, Seller shall sell and Buyer shall purchase from Seller Buyer’s Fraction of all Test Energy and any associated Products on an as-available basis. As compensation for any such Test Energy and associated Product, Buyer shall remit to Seller an amount (“Test Energy Rate”) for each MWh of Test Energy equal to: (a) for up to ninety (90) days from the first delivery of Test Energy, an amount calculated in accordance with Section 3.14(a)(i), provided that only seventy five percent (75%) of the Contract Price shall apply; and (b) from the ninety-first (91st) day after the first delivery of Test Energy until the Commercial Operation Date, an amount calculated in accordance with Section 3.14(a)(i), provided that only fifty percent (50%) of the Contract Price shall apply. For the avoidance of doubt, the conditions precedent in Section 2.2 are not applicable to the Parties’ obligations under this Section 3.6. 3.7 Capacity Attributes. Seller may in its discretion elect to request Full Capacity Deliverability Status in the CAISO generator interconnection process. At a minimum, Seller will obtain and maintain Energy Only Deliverability Status for the Facility, or otherwise be equivalently authorized by the CAISO and Governmental Authorities to deliver Product to Buyer, throughout the Delivery Term. As between Buyer and Seller, (a) Seller shall be responsible for the cost and installation of any Network Upgrades associated with obtaining such Full Capacity Deliverability Status, and (b) Seller shall have sole claim and all right, title, and interest in and to Capacity Attributes and Seller may keep such Capacity Attributes for its own account or sell them to third parties, all in Seller’s sole discretion. 3.8 [Reserved]. 3.9 CEC Certification and Verification. Subject to Section 3.11, Seller shall take all necessary steps including, but not limited to, making or supporting timely filings with the CEC to obtain and maintain CEC Precertification and CEC Certification and Verification for the Facility, including compliance with all applicable requirements for certified facilities set forth in the current Page 179 of 882 25 version of the RPS Eligibility Guidebook (or its successor). Seller shall obtain CEC Precertification by the Commercial Operation Date. Within thirty (30) days after the Commercial Operation Date, Seller shall apply with the CEC for CEC Certification and Verification. Within one hundred eighty (180) days after the Commercial Operation Date, and subject to Section 3.11, Seller shall obtain and maintain throughout the remainder of the Delivery Term the CEC Certification and Verification. Seller must promptly notify Buyer and the CEC of any changes to the information included in Seller’s application for CEC Precertification or CEC Certification and Verification for the Facility. 3.10 California Renewables Portfolio Standard. (a) Eligibility. Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Facility qualifies and is certified by the CEC as an Eligible Renewable Energy Resource as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Facility’s electric energy output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in Law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in Law. As used in this Section 3.10(a), “certified by the CEC” means the Facility has received CEC Certification and Verification. (b) Transfer of Renewable Energy Credits. Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the renewable energy credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, and as may be subsequently modified by any applicable Governmental Authority or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Tracking of RECs in WREGIS. Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in WREGIS will be taken prior to the first delivery under this Agreement. 3.11 Change in Law (a) The Parties acknowledge that an essential purpose of this Agreement is to provide renewable generation that meets the requirements of the California Renewables Portfolio Standard, and that this Agreement is being used by Buyer to comply with mandatory procurement obligations of the CEC, and that Governmental Authorities, including the CEC, CPUC (if applicable to Buyer), CAISO and WREGIS, may undertake actions from time to time to implement a change in Law. Seller agrees to use commercially reasonable efforts to cooperate with Buyer with respect to any subsequently requested changes, modifications, or amendments to this Agreement needed to satisfy requirements of Governmental Authorities associated with changes in Law, including changes, modifications, or amendments to this Agreement to: (i) amend the Agreement to reflect any mandatory contractual language required by Governmental Authorities, Page 180 of 882 26 including changes to the definition of Green Attributes; (ii) require submission of any reports, data, or other information required by Governmental Authorities; (iii) provide additional documentation or information to respond to data requests from the Governmental Authorities; (iv) satisfy new compliance requirements of Governmental Authorities; or (v) take any other actions that may be requested by Buyer to assure that the Generating Facility is an Eligible Renewable Energy Resource under the California Renewables Portfolio Standard; provided that Seller shall have no obligation to modify this Agreement, or take other actions not required under this Agreement, if such modifications or actions would materially adversely affect, or could reasonably be expected to have or result in a material adverse effect on, any of Seller’s rights, benefits, risks and/or obligations under this Agreement. (b) If a change in Laws occurring after the Effective Date has increased Seller’s known or reasonably expected costs and expenses to comply with Seller’s obligations under this Agreement with respect to obtaining, maintaining, conveying or effectuating Buyer’s use of (as applicable) any Product (any action required to be taken by Seller to comply with such change in Law, a “Compliance Action”), then the Parties agree that the maximum aggregate amount of costs and expenses Seller shall be required to bear during the Delivery Term to comply with all such Compliance Actions shall be capped at Buyer’s Fraction multiplied by Twenty Five Thousand Dollars ($25,000) per MW of Guaranteed Capacity in aggregate over the Contract Term (“Compliance Expenditure Cap”). (c) If Seller reasonably anticipates the need to incur costs and expenses in excess of the Compliance Expenditure Cap in order to take any Compliance Action, Seller shall provide Notice to Buyer of such anticipated costs and expenses. (d) Buyer will have sixty (60) days to evaluate such Notice (during which time period Seller is not obligated to take any Compliance Actions described in the Notice) and shall, within such time, either (1) agree to reimburse Seller for all of the costs that exceed the Compliance Expenditure Cap (such costs and expenses (including lost production, if any), the “Accepted Compliance Costs”), or (2) waive Seller’s obligation to take such Compliance Actions. (e) If Buyer agrees to reimburse Seller for the Accepted Compliance Costs, then Seller shall complete the Compliance Actions covered by such Accepted Compliance Costs as agreed upon by the Parties, provided that under no circumstances shall Seller be obligated to incur costs and expenses in excess of the Accepted Compliance Costs that have been agreed to be reimbursed by Buyer. 3.12 Project Configuration. In order to optimize the benefits of the Facility, Buyer and Seller each agree that if requested by the other Party, then Buyer and Seller will discuss in good faith potential reconfiguration of the Facility or Interconnection Facilities, including to facilitate the use of energy storage at the Site; provided that neither Party shall be obligated to agree to any changes under this Agreement, or to incur any unreimbursed expense in connection with such changes, except under terms mutually acceptable to both Parties as set forth in a written agreement. For clarity, subject to Section 6.3 regarding the use of Shared Facilities, this Agreement does not restrict the installation by Seller’s Affiliates of energy storage not requiring reconfiguration of the Facility or any changes to this Agreement; so long as such installation does not impact the Expected Energy and Delivered Energy assurances provided under this Agreement, modify the Page 181 of 882 27 hours on which Delivered Energy is expected to be provided (as expressed in Exhibit D), or otherwise materially impact the performance of the Facility. 3.13 [Reserved]. 3.14 Compensation. Buyer shall compensate Seller each month for the Product in each Settlement Interval in the month in accordance with this Section 3.14 (the “Monthly Energy Payment”). (a) Buyer shall pay Seller the Contract Price for each MWh of Product, as measured by the amount of Facility Energy plus Deemed Delivered Energy, if any, subject to payment calculations in this Section 3.14, up to one hundred fifteen percent (115%) of the Expected Energy for such Contract Year. (i) The amount payable for each Settlement Interval shall be calculated as follows: for each Settlement Interval, the Monthly Energy Payment will be calculated as the sum of (Delivered Energy * Market Price) (the “Market Payment”) minus (Delivered Energy * Contract Price) (the “Contract Payment”): (A) If the Monthly Energy Payment is greater than Zero Dollars ($0), the Seller will pay the Buyer the Monthly Energy Payment; (B) If the Monthly Energy Payment at the Delivery Point is less than Zero Dollars ($0), the Buyer will pay the Seller the absolute value of the Monthly Energy Payment; (C) The Parties agree to follow the written protocol for Negative Price Curtailment as set forth in Exhibit P attached hereto. The Seller will deliver Energy and related Products to the Buyer during negative pricing conditions so long as the negative LMP is not less than the Negative LMP Floor, and the Buyer will pay for such energy as described in Exhibit P. If the negative LMP is less than the Negative LMP Floor, the Seller will curtail delivery of energy during such period, such period will be a Market Curtailment Period (except to the extent such period is subject to a Planned Outage, Forced Facility Outage, Force Majeure Event and/or Curtailment Order), and during such Market Curtailment Period, subject to the Curtailment Cap Buyer shall pay Seller the sum of (a) the Contract Price and (b) PTC Rate multiplied by the amount of energy (in MWh) that Seller would have delivered to Buyer pursuant to the terms of this Agreement. (D) During the Delivery Term, Seller shall receive no compensation from Buyer for Curtailed Energy or Facility Energy that is delivered in violation of a Curtailment Order. (b) If during any Settlement Interval, Seller delivers Product in amounts, as measured by the amount of Facility Energy, in excess of the product of the Installed Capacity and the duration of the Settlement Interval, expressed in hours (“Excess MWh”), then the price applicable to all such Excess MWh in such Settlement Interval shall be zero dollars ($0). Page 182 of 882 28 (c) Notwithstanding the foregoing, if, at any point in any Contract Year, the amount of Facility Energy, plus Deemed Delivered Energy, exceeds one hundred fifteen percent (115%) of the Expected Energy for such Contract Year, the price to be paid for additional Facility Energy or Deemed Delivered Energy shall be zero dollars per MWh ($0.00/MWh). (d) Test Energy is compensated in accordance with Section 3.6 and Bridge Product is compensated in accordance with Section 3.15. (e) The Parties agree that neither the Contract Price nor the Test Energy Rate are subject to adjustment or amendment if Seller fails to receive any Tax Credits, or if any Tax Credits expire, are repealed or otherwise cease to apply to Seller or the Facility in whole or in part, or Seller or its investors are unable to benefit from any Tax Credits. Seller shall bear all risks, financial and otherwise, throughout the Contract Term, associated with Seller’s or the Facility’s eligibility to receive Tax Credits or to qualify for accelerated depreciation for Seller’s accounting, reporting or Tax purposes. The obligations of the Parties hereunder, including those obligations set forth herein regarding the purchase and price for and Seller’s obligation to deliver Energy and other Product, shall be effective regardless of whether the sale of Energy is eligible for, or receives Tax Credits during the Contract Term. 3.15 Bridge Product. In addition to the Parties’ rights and obligations under this Agreement with respect to the Facility, Seller agrees to use commercially reasonable efforts to identify, source, and deliver in accordance with this Agreement and Buyer agrees to purchase the following qualifying bundled Portfolio Content Category 1 renewable energy product, including the energy, associated PCC1 green attributes, and the associated PCC1 Renewable Energy Credit (the PCC1 renewable energy product together, the “Bridge Product”) in accordance with the following terms and conditions: (a) The “Bridge Product Delivery Term” shall commence on January 1, 2024 (“Delivery Start Date”) and end on December 31, 2024 (the “Delivery Cessation Date”); provided that the Bridge Product Delivery Term shall be extended solely for the purpose of transferring the WREGIS Certificates associated with the Bridge Product Delivered to Buyer prior to the Delivery Cessation Date. (b) The “Contract Quantity of Bridge Product” for the Bridge Product Delivery Term is equal to Buyer’s Fraction multiplied by 30,000 MWh. The Bridge Product shall be provided to Buyer through transfers of WREGIS Certificates on or before the Delivery Cessation Date. (c) For any Bridge Product generated at the Facility, Buyer shall pay Seller for the Bridge Product at the Contract Price per delivered MWh of Bridge Product up to the Contract Quantity of Bridge Product, with compensation provided in accordance with Section 3.14, provided that Buyer’s payment per delivered MWh of Bridge Product shall not exceed the Contract Price. For any Bridge Product generated from another facility, Buyer shall compensate Seller for the Bridge Product at a total of forty dollars ($40) per MWh delivered to Buyer until Buyer’s total Bridge Product received under this Agreement is at the Contract Quantity of Bridge Product. The Parties agree to update Exhibit C in a mutually agreeable manner to include any facilities used for the Bridge Product that are not the Facility. Page 183 of 882 29 (d) If Seller notifies Buyer on or before May 1, 2024 (“Delivery Confirmation Date”) that Seller cannot provide all or any quantity of the Bridge Product despite commercially reasonable efforts, then, as of January 1, 2024, Buyer shall purchase all Bridge Product made available by Seller and is authorized by Seller to procure any remaining quantity of Bridge Product as replacement for Buyer’s own account and at Buyer’s own cost. For clarity, Seller shall not be responsible for any of Buyer’s internal or third-party costs associated with Buyer’s procurement of Bridge Product which Seller, despite the exercise of commercially reasonable efforts, is unable to deliver to Buyer. (e) Other terms and conditions regarding the Bridge Product: (i) The Bridge Product shall meet the RPS compliance requirements provided under California law, including the requirements for Portfolio Content Category 1 as set forth in California Public Utilities Code Section 399.16(b)(1)(A), as well the RPS laws, regulations, and requirements of applicable Governmental Authorities, including the Division 2, Chapter 13 of the California Code of Regulations. (ii) This Bridge Product is intended to qualify as a long-term contract pursuant to California Public Utilities Code Section 399.13(b)(1) and Division 2, Chapter 13 of the California Code of Regulations. (iii) Seller, or its designated scheduling coordinator, will perform all scheduling requirements applicable to the Bridge Product at Seller’s cost. All scheduling shall be performed consistent with all applicable CAISO and WECC prevailing protocols. ARTICLE 4 OBLIGATIONS AND DELIVERIES 4.1 Delivery. (a) Energy. Subject to the provisions of this Agreement, commencing on the Commercial Operation Date through the end of the Contract Term, Seller shall supply and deliver the Product to Buyer at the Delivery Point, and Buyer shall take delivery of the Product at the Delivery Point in accordance with the terms of this Agreement. Seller will be responsible for paying or satisfying when due any costs or charges imposed in connection with the delivery of Facility Energy to the Delivery Point, including without limitation, Station Use, Electrical Losses, and any operation and maintenance charges imposed by the Transmission Provider directly relating to the Facility’s operations. Subject to the provisions of this Agreement, Buyer shall be responsible for costs, charges, and penalties, if any, imposed in connection with the delivery of Facility Energy at and after the Delivery Point, including without limitation transmission costs and transmission line losses and imbalance charges. The Facility Energy will be scheduled to the CAISO by Seller (or Seller’s designated Scheduling Coordinator) in accordance with Section 4.5. (b) Green Attributes. Buyer’s Fraction of all Green Attributes associated with the Facility during the Delivery Term are exclusively dedicated to and vested in Buyer. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Facility, and Seller agrees to convey and hereby conveys Buyer’s Fraction of all such Green Attributes to Buyer as included in the delivery of the Product from the Facility. Page 184 of 882 30 4.2 Title and Risk of Loss. (a) Energy. Title to and risk of loss related to the Facility Energy shall pass and transfer from Seller to Buyer at the Delivery Point. Seller warrants that all Product delivered to Buyer is free and clear of all liens, security interests, claims and encumbrances of any kind. (b) Green Attributes. Title to and risk of loss related to the Green Attributes shall pass and transfer from Seller to Buyer upon the transfer of such Green Attributes in accordance with WREGIS. 4.3 Forecasting. Seller shall provide the forecasts described below at its sole expense and in a format reasonably acceptable to Buyer (or Buyer’s designee). Seller shall use reasonable efforts to provide forecasts that are accurate and, to the extent not inconsistent with the requirements of this Agreement, shall prepare such forecasts, or cause such forecasts to be prepared, in accordance with Prudent Operating Practices. (a) Annual Forecast of Expected Facility Energy. No less than forty-five (45) days before (i) the first day of the first Contract Year of the Delivery Term and (ii) the beginning of each calendar year for every subsequent Contract Year during the Delivery Term, Seller shall provide to Buyer or Buyer’s designee (if applicable) a non-binding forecast of each month’s average-day expected Facility Energy, by hour, for the following calendar year in a form reasonably acceptable to Buyer that is substantially similar to the table found in Exhibit F-1 (“Form of Average Expected Energy Report”), or as reasonably requested by Buyer. (b) Monthly Forecast of Facility Energy. No less than thirty (30) days before the beginning of Commercial Operation, and thereafter ten (10) Business Days before the beginning of each month during the Delivery Term, Seller shall provide to Buyer or Buyer’s designee (if applicable) a non-binding forecast of the hourly expected Facility Energy for each day of the following month in a form substantially similar to the table found in Exhibit F-2 (“Form of Monthly Delivery Forecast”) (c) Day-Ahead Forecast. If requested by Buyer, by 5:30 AM Pacific Prevailing Time on the Business Day immediately preceding the date of delivery, or as otherwise specified by Buyer consistent with Prudent Operating Practice, Seller shall provide Buyer or Buyer’s designee (if applicable) with a non-binding forecast of the hourly expected Facility Energy for each hour of the immediately succeeding day (“Day-Ahead Forecast”). A Day-Ahead Forecast provided in a day prior to any non-Business Day(s) shall include non-binding forecasts for the immediate day, each succeeding non-Business Day, and the next Business Day. Each Day-Ahead Forecast shall clearly identify, for each hour, Seller’s best estimate of the hourly expected Facility Energy. (d) Real-Time Forecasts. During the Delivery Term, if requested by Buyer, Seller shall notify Buyer of any changes from the Day-Ahead Forecast of one (1) MW or more in Available Capacity or hourly expected Energy, in each case whether due to Forced Facility Outage, Force Majeure or other cause, as soon as reasonably possible, but no later than one (1) hour prior to the deadline for submitting Schedules to the CAISO in accordance with the rules for participation in the Real-Time Market. If the Available Capacity changes by at least one (1) MW Page 185 of 882 31 as of a time that is less than one (1) hour prior to the Real-Time Market deadline, but before such deadline, then Seller must notify Buyer as soon as reasonably possible. Such Real-Time Forecasts of Energy shall be provided by an Approved Forecast Vendor and shall contain information regarding the beginning date and time of the event resulting in the change in Available Capacity, the expected end date and time of such event, the expected Available Capacity in MW, and any other information required by the CAISO or reasonably requested by Buyer. With respect to any Forced Facility Outage, Seller shall use commercially reasonable efforts to notify Buyer of such outage within ten (10) minutes of the commencement of the Forced Facility Outage. Seller shall inform Buyer of any developments that will affect either the duration of such outage or the availability of the Facility during or after the end of such outage. These Real-Time Forecasts shall be communicated in a method acceptable to Buyer; provided that Buyer specifies the method no later than sixty (60) days prior to the effective date of such requirement. In the event Buyer fails to provide Notice of an acceptable method for communications under this Section 4.4(d), then Seller shall send such communications by telephone and e-mail to Buyer. (e) Forced Facility Outages. Notwithstanding anything to the contrary herein, Seller shall promptly notify the on-duty Scheduling Coordinator of Forced Facility Outages and Seller shall keep Buyer informed of any developments that will affect either the duration of the outage or the availability of the Facility during or after the end of the outage. (f) Forecasting Penalties. If Seller incurs a loss or penalty resulting from its scheduling activities with respect to the Facility, Seller will be responsible for such loss or penalty. (g) CAISO Tariff Requirements. Subject to the limitations expressly set forth in Section 3.11, to the extent such obligations are applicable to the Facility, Seller will comply with all applicable obligations for Variable Energy Resources under the CAISO Tariff and the Eligible Intermittent Resource Protocol, including providing appropriate operational data and meteorological data, and will fully cooperate with Buyer and CAISO, in providing all data, information, and authorizations required thereunder. 4.4 Dispatch Down/Curtailment. (a) General. Seller agrees to reduce the amount of Facility Energy produced by the Facility and delivered to the Delivery Point, by the amount and for the period set forth in any Curtailment Order. (b) [Reserved]. (c) Failure to Comply. Subject to Section 4.4(a), if Seller fails to comply with a Curtailment Order, then, for each MWh of Facility Energy that is delivered by the Facility to the Delivery Point in contradiction to the Curtailment Order, Seller shall pay Buyer for each such MWh at an amount equal to the amount, if any, paid to Seller by Buyer for delivery of such excess MWh. (d) Seller Equipment Required for Curtailment Instruction Communications. Subject to the last sentence of this Section 4.4.(d), Seller shall acquire, install, and maintain such facilities, communications links and other equipment, and implement such protocols and practices, as necessary to respond and follow instructions, including an electronic signal conveying real time Page 186 of 882 32 and intra-day instructions, to operate the Facility in accordance with this Agreement or a Governmental Authority, including to implement a Curtailment Order in accordance with the then- current methodology used to transmit such instructions as it may change from time to time. If at any time during the Delivery Term Seller’s facilities, communications links or other equipment, protocols or practices are not in compliance with then-current methodologies, Seller shall take the steps necessary to become compliant as soon as reasonably possible. Seller shall be liable pursuant to Section 4.4(c) for failure to comply with a Curtailment Order, during the time that Seller’s facilities, communications links or other equipment, protocols or practices are not in compliance with then-current methodologies. For the avoidance of doubt, a Curtailment Order communication via such systems and facilities shall have the same force and effect on Seller as any other form of communication. If Seller is directed by Buyer to install or implement facilities, communications links or other equipment, protocols or practices facilities pursuant to this Section 4.4(d) that are not otherwise required for the Facility pursuant to the CAISO Tariff or reasonably necessary for communication between Buyer and Seller, then the installation or implementation of such facilities, communications links or other equipment, protocols or practices facilities will be deemed Compliance Actions subject to the Compliance Expenditure Cap as set forth in Section 3.11. 4.5 Scheduling Coordinator Responsibilities. (a) Seller as Scheduling Coordinator for the Facility. Upon Initial Synchronization of the Facility to the CAISO Grid and during the Delivery Term, Seller shall be the Scheduling Coordinator or designate a qualified third party to provide Scheduling Coordinator services with the CAISO for the Facility for both the delivery and the receipt of the Test Energy, if any, and applicable Products at the Delivery Point. Seller shall schedule or cause to be scheduled the Product in accordance with, and shall at all times comply with, all applicable CAISO requirements and scheduling protocols, WECC scheduling practices, and Prudent Operating Practice. Seller shall submit economic offers to CAISO into the Day-Ahead Market or Real-Time Market consistent with CAISO rules on economic bidding. At least thirty (30) days prior to the Initial Synchronization of the Facility to the CAISO Grid and prior to the generation of Test Energy, (i) Buyer shall take all actions and execute and deliver to Seller all documents necessary to authorize or designate Seller’s designated agent as the Scheduling Coordinator for the Facility effective as of the Initial Synchronization of the Facility to the CAISO Grid, and (ii) Seller shall, and shall cause its designee to, take all actions and execute and deliver to the CAISO all documents necessary to authorize or designate Seller or its designee as the Scheduling Coordinator for the Facility effective as of the Initial Synchronization of the Facility to the CAISO Grid. On and after Initial Synchronization of the Facility to the CAISO Grid, Seller shall not authorize or designate any other party to act as the Facility’s Scheduling Coordinator unless agreed to by Buyer, or upon the expiration or earlier termination of the Delivery Term. Seller (as SC for the Facility) shall submit Schedules to the CAISO in accordance with this Agreement and the applicable CAISO Tariff, protocols and Scheduling practices for Test Energy and Product on a day-ahead, hour- ahead, fifteen-minute market or real time basis, as reasonably acceptable to Buyer. Seller shall cause its Scheduling Coordinator to reasonably cooperate with Buyer during the testing and commissioning of the Facility prior to the Commercial Operation Date. (b) Notices. Seller (as the Facility’s SC) shall provide Buyer with access to a web-based system through which Seller shall submit to Buyer and the CAISO all notices and Page 187 of 882 33 updates required under the CAISO Tariff regarding the Facility’s status, including, but not limited to, all outage requests, Forced Facility Outages, Forced Facility Outage reports, clearance requests, or must offer waiver forms. Seller will cooperate with Buyer to provide such notices and updates. If the web-based system is not available, Seller shall promptly submit such information to Buyer and the CAISO (in order of preference) telephonically, by electronic mail, or facsimile transmission to the personnel designated to receive such information. (c) CAISO Costs and Revenues. Except as otherwise set forth below, Seller (as Scheduling Coordinator for the Facility) shall be responsible for all CAISO costs (including penalties, Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits, Imbalance Energy revenues, and other payments), including revenues associated with CAISO dispatches, bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall also be responsible for all CAISO penalties or fees resulting from any failure by Seller to abide by the CAISO Tariff or requirements set forth in this Agreement. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, forecasting, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer due to any violation of CAISO rules or outage notification requirements set forth in this Agreement by Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. (d) CAISO Settlements. Seller (as the Facility’s SC) shall be responsible for all settlement functions and payment functions with the CAISO related to the Facility, and shall conduct such activities in a timely manner. (e) Dispute Costs. Seller (as the Facility’s SC), shall dispute CAISO settlements in a commercially reasonable manner. Seller agrees to pay Buyer’s costs and expenses (including reasonable attorneys’ fees) associated with its involvement with any CAISO disputes to the extent they relate to CAISO charges payable by Seller with respect to the Facility. (f) Master Data File and Resource Data Template. Seller shall provide the data to the CAISO (and to Buyer) that is required for the CAISO’s Master Data File and Resource Data Template (or successor data systems) for the Facility consistent with this Agreement. Neither Party shall change such data without the other Party’s prior written consent, not to be unreasonably withheld. (g) NERC Reliability Standards. Seller (as Scheduling Coordinator) shall maintain compliance with NERC reliability standards, and shall cooperate with Buyer to ensure compliance with NERC reliability standards as reasonably requested by Buyer. 4.6 Reduction in Delivery Obligation. For the avoidance of doubt, and in no way limiting Section 3.1 or Exhibit G: (a) Facility Maintenance. Seller will provide to Buyer written schedules for Scheduled Maintenance for the Facility for each Contract Year no later than thirty (30) days prior Page 188 of 882 34 to the first day of the applicable Contract Year. Buyer may provide comments no later than ten (10) days of receiving any such schedule, and Seller will in good faith take into account any such comments. Seller will deliver to Buyer the final updated schedule of Scheduled Maintenance no later than twenty (20) days after receiving Buyer’s comments. Seller shall be permitted to reduce deliveries of Product during any period of Scheduled Maintenance on the Facility. Seller shall not schedule non-emergency maintenance between June 1 and September 30 that reduces the Energy generation of the Facility by more than ten percent (10%) during daylight hours, unless (i) such outage is required to avoid damage to the Facility, (ii) such maintenance is necessary to maintain equipment warranties and cannot be scheduled outside the period of June 1st to September 30th, (iii) such outage is required in accordance with Prudent Operating Practices, or (iv) the Parties agree otherwise in writing (any of the scheduled maintenance permitted by this Section 4.6(a), where the Facility is either in whole or in part not capable of providing service due to planned maintenance that has been scheduled in advance in accordance with Section 4.6(a), a “Planned Outage”). (b) Forced Facility Outage. Seller shall be permitted to reduce deliveries of Product during any Forced Facility Outage. Seller shall provide Buyer with Notice and expected duration (if known) of any Forced Facility Outage. (c) System Emergencies and other Interconnection Events. Seller shall be permitted to reduce deliveries of Product during any period of System Emergency or upon Notice of a Curtailment Order pursuant to the terms of this Agreement, the Interconnection Agreement or applicable tariff. (d) Force Majeure Event. Seller shall be permitted to reduce deliveries of Product during any Force Majeure Event. (e) Health and Safety. Seller shall be permitted to reduce deliveries of Product as necessary to maintain health and safety pursuant to Section 6.2. 4.7 Guaranteed Energy Production. Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (1) any Deemed Delivered Energy and (2) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure Events, System Emergency, Buyer’s Default or other Buyer failure to perform, and Curtailment Periods (“Lost Output”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer damages calculated in accordance with Exhibit G; provided that Seller may, as an alternative, upon prior written consent of the Buyer and at the sole discretion of Buyer, provide Replacement Product (as defined in Exhibit G) that is (i) delivered to Buyer in manner acceptable to Buyer and (ii) does not impose any costs to Buyer that are not promptly reimbursed by Seller. 4.8 WREGIS. Seller shall, at its sole expense, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Energy Credits corresponding to all Facility Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in Page 189 of 882 35 a timely manner for Buyer’s sole benefit. Seller shall transfer the Renewable Energy Credits corresponding to all Facility Energy to Buyer. Seller shall comply with all Laws, including the WREGIS Operating Rules, regarding the certification, issuance, and transfer of such WREGIS Certificates to Buyer, and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in Section 3.10(c) provided that Seller fulfills its obligations under Sections 4.10(a) through (f) below. In addition: (a) Prior to the Commercial Operation Date or as soon as reasonably practicable thereafter, Seller shall register the Facility with WREGIS and establish an account with WREGIS (“Seller’s WREGIS Account”), which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “Forward Certificate Transfers” (as described in the WREGIS Operating Rules) from Seller’s WREGIS Account to the WREGIS account(s) of Buyer or the accounts of a designee that Buyer identifies by Notice to Seller (“Buyer’s WREGIS Account”). Seller shall be responsible for all expenses associated with registering the Facility with WREGIS, establishing and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance and transfer fees, and transferring WREGIS Certificates from Seller’s WREGIS Account to Buyer’s WREGIS Account. (b) Seller shall cause Forward Certificate Transfers to occur on a monthly basis in accordance with the certification procedure established by the WREGIS Operating Rules. Because WREGIS Certificates will only be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for creation of a WREGIS Certificate. (c) Seller shall, at its sole expense, ensure that the WREGIS Certificates for a given calendar month correspond with the Facility Energy for such calendar month as evidenced by the Facility’s metered data. (d) Due to the ninety (90) day delay in the creation of WREGIS Certificates relative to the timing of invoice payment under Section 8.2, Buyer shall make an invoice payment for a given month in accordance with Section 8.2 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 4.8. Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Section 8.2. (e) A “WREGIS Certificate Deficit” means any deficit or shortfall in WREGIS Certificates issued to Buyer for a calendar month as compared to the Facility Energy for the same calendar month (“Deficient Month”). If any WREGIS Certificate Deficit is caused by Seller, or the result of any action or inaction by Seller, and remains uncured following the later of (i) thirty (30) days after Notice from Buyer thereof or (ii) ninety (90) days after the Deficient Month, then the amount of Facility Energy in the Deficient Month shall be reduced by the amount of the WREGIS Certificate Deficit for purposes of calculating Buyer’s payment to Seller under Article 8 and the Guaranteed Energy Production for the applicable Performance Measurement Period; provided, however, that such adjustment shall not apply to Replacement Product (as defined in Exhibit G) that is (i) delivered to Buyer in manner acceptable to Buyer and (ii) does not impose any costs to Buyer that are not promptly reimbursed by Seller. Without limiting Seller’s obligations under this Section 4.8, if a WREGIS Certificate Deficit is caused solely by an error or Page 190 of 882 36 omission of WREGIS, the Parties shall cooperate in good faith to cause WREGIS to correct its error or omission. Seller shall use commercially reasonable efforts to rectify any WREGIS Certificate Deficit as expeditiously as possible. (f) If WREGIS changes the WREGIS Operating Rules after the Effective Date or applies the WREGIS Operating Rules in a manner inconsistent with this Section 4.8 after the Effective Date, the Parties promptly shall modify this Section 4.8 as reasonably required to cause and enable Seller to transfer to Buyer’s WREGIS Account a quantity of WREGIS Certificates for each given calendar month that corresponds to the Facility Energy in the same calendar month. 4.9 Station Use. Seller will be solely responsible for any costs associated with the electricity required to operate the Facility. 4.10 Interconnection Capacity. Seller shall ensure during the Test Energy period and throughout the Delivery Term that (a) the Facility will have and maintain interconnection capacity available or allocable to the Facility under the Interconnection Agreement that is no less than the Guaranteed Capacity and (b) Seller shall have sufficient interconnection capacity and rights under the Interconnection Agreement to interconnect the Facility with the CAISO Grid and to fulfill Seller’s obligations under this Agreement, and to allow operation of the Facility in accordance with the CAISO Tariff and as contemplated under this Agreement (collectively, the “Dedicated Interconnection Capacity”). ARTICLE 5 TAXES 5.1 Allocation of Taxes and Charges. Seller shall pay or cause to be paid all Taxes on or with respect to the Facility or on or with respect to the sale and making available of Product to Buyer, that are imposed on Product prior to its delivery to Buyer at the time and place contemplated under this Agreement. Buyer shall pay or cause to be paid all Taxes on or with respect to the delivery to and purchase by Buyer of Product that are imposed on Product at and after its delivery to Buyer at the time and place contemplated under this Agreement (other than withholding or other Taxes imposed on Seller’s income, revenue, receipts or employees), if any. If a Party is required to remit or pay Taxes that are the other Party’s responsibility hereunder, such Party shall promptly pay the Taxes due and then seek and receive reimbursement from the other for such Taxes. In the event any sale of Product hereunder is exempt from or not subject to any particular Tax, Buyer shall provide Seller with all necessary documentation within thirty (30) days after the Effective Date to evidence such exemption or exclusion. If Buyer does not provide such documentation, then Buyer shall indemnify, defend, and hold Seller harmless from any liability with respect to Taxes from which Buyer claims it is exempt. 5.2 Cooperation. Each Party shall use reasonable efforts to implement the provisions of and administer this Agreement in accordance with the intent of the Parties to minimize all Taxes, so long as no Party is materially adversely affected by such efforts. The Parties shall cooperate to minimize Tax exposure; provided, however, that neither Party shall be obligated to incur any financial or operational burden to reduce Taxes for which the other Party is responsible hereunder without receiving due compensation therefor from the other Party. All Energy delivered by Seller to Buyer hereunder shall be a sale made at wholesale, with Buyer reselling such Energy. Page 191 of 882 37 5.3 Ownership. Seller shall be the owner of the Facility for federal income tax purposes and, as such, Seller (or its Affiliates or Lenders) shall be entitled to all depreciation deductions associated with the Facility and to any and all Tax Credits or other tax benefits associated with the Facility, including any such tax credits or tax benefits under the Code and all Renewable Energy Incentives. The Parties intend this Agreement to be a “service contract” within the meaning of Section 7701(e)(3) of the Code. The Parties will not take the position on any tax return or in any other filings suggesting that it is anything other than a purchase of the Product from the Seller or that this agreement is anything other than a “service contract” within the meaning of Section 7701(e)(3) of the Code. ARTICLE 6 MAINTENANCE OF THE FACILITY 6.1 Maintenance of the Facility. Seller shall comply with applicable Law and Prudent Operating Practice relating to the operation and maintenance of the Facility and the generation and sale of Product. 6.2 Maintenance of Health and Safety. Seller shall take reasonable safety precautions with respect to the operation, maintenance, repair and replacement of the Facility. If Seller becomes aware of any circumstances relating to the Facility that create an imminent risk of damage or injury to any Person or any Person’s property, Seller shall take prompt, reasonable action to prevent such damage or injury. Such action may include, to the extent reasonably necessary, disconnecting and removing all or a portion of the Facility, or suspending the supply of Facility Energy. 6.3 Shared Facilities. The Parties acknowledge and agree that certain of the Shared Facilities and Interconnection Facilities (including a transformer, substation and associated equipment and real property), and Seller’s rights and obligations under the Interconnection Agreement, may be subject to certain shared facilities or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among Seller, the Participating Transmission Owner, Seller’s Affiliates, or third parties pursuant to which certain Interconnection Facilities may be subject to joint ownership and shared maintenance and operation arrangements; provided that such Shared Facilities Agreements (i) shall permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing the Dedicated Interconnection Capacity, (ii) continue to provide for separate metering and a separate Resource ID for the Facility, (iii) shall not allow any Affiliate of Seller or third party to use the Dedicated Interconnection Capacity if such use would have an adverse impact on Buyer’s rights related to the Facility, and (iv) shall allocate any instruction from the CAISO or the PTO to curtail energy deliveries on a pro rata basis based upon their respective energy delivery forecasts for the applicable period, except (A) when such pro rata allocation would be in violation of the applicable curtailment instruction, or (B) to the extent that the need for the curtailment can be attributed to the Facility. Without limiting the generality of the foregoing, Seller’s Affiliates may install energy storage which uses the Interconnection Facilities so long as such energy storage has a separate Resource ID, does not impact the Expected Energy and Delivered Energy assurances provided under this Agreement, does not modify the hours on which Delivered Energy is expected to be provided (as expressed in Exhibit D), does not otherwise materially impact the performance of the Facility, and does not interfere with Seller’s use of the Dedicated Interconnection Capacity to perform its obligations Page 192 of 882 38 under this Agreement. 6.4 Decommissioning Facility and Other Costs. Buyer shall not be responsible for any cost of decommissioning or demolition of the Facility or any environmental or other liability associated with the decommissioning or demolition of the Facility without regard to the timing or cause of the decommissioning or demolition. ARTICLE 7 METERING 7.1 Metering. Seller shall measure the amount of Facility Energy using the Facility Meters, which will be subject to adjustment in accordance applicable CAISO meter requirements and Prudent Operating Practices, including to account for Electrical Losses and Station Use. All meters will be installed and operated in accordance with the applicable Law and pursuant to applicable CAISO-approved calculation methodologies and maintained at Seller’s cost. Subject to meeting any applicable CAISO requirements, the meters shall be programmed to adjust for all losses from the Facility to the Delivery Point in a manner subject to Buyer’s prior written approval, not to be unreasonably withheld. Metering shall be consistent with the requirements set forth in this Agreement. Each meter shall be kept under seal, such seals to be broken only when the meters are to be tested, adjusted, modified or relocated. In the event that Seller breaks a seal outside of normal testing, Seller shall notify Buyer as soon as practicable. In addition, Seller hereby agrees to provide all meter data to Buyer in a form reasonably acceptable to Buyer, and consents to Buyer obtaining from CAISO the CAISO meter data directly relating to the Facility and all inspection, testing and calibration data and reports. Seller and Buyer shall cooperate to allow both Parties to retrieve the meter reads from the CAISO Operational Meter Analysis and Reporting (OMAR) web or directly from the CAISO meter(s) at the Facility. Seller shall obtain and maintain a single CAISO Resource ID dedicated exclusively to the Facility. Seller shall not obtain additional CAISO Resource IDs for the Facility without prior written consent of Buyer, which shall not be unreasonably withheld. 7.2 Meter Verification. If Seller has reason to believe there may be a meter malfunction, Seller shall test the meter. Seller shall also test the meter annually. The tests shall be conducted by independent third parties qualified to conduct such tests. Buyer shall be notified seven (7) days in advance of such tests and have a right to be present during such tests and/or review the results of such tests. If a meter is inaccurate it shall be promptly repaired or replaced by Seller. Seller shall be solely responsible for maintaining accurate meters and any costs arising from such inaccuracy. ARTICLE 8 INVOICING AND PAYMENT; CREDIT 8.1 Invoicing. Seller shall deliver an invoice to Buyer for Product no later than fifteen (15) Business Days after the end of the prior monthly billing period. Each invoice shall provide Buyer (a) records of metered data, including CAISO metering and transaction data sufficient to document and verify the amount of Product delivered by the Facility for any Settlement Period during the preceding month, including the amount of Facility Energy in MWh produced by the Facility as read by the Facility Meter, the amount of Replacement Product delivered to Buyer, the Page 193 of 882 39 calculation of Facility Energy, Deemed Delivered Energy and Adjusted Energy Production, the Fifteen Minute Market Price at the Delivery Point for each Settlement Period, and the Contract Price applicable to such Product; and (b) access to any records, including invoices or settlement data from the CAISO, necessary to verify the accuracy of any amount; and (c) be in a format reasonably specified by Buyer, covering the services provided in the preceding month determined in accordance with the applicable provisions of this Agreement. 8.2 Payment. Buyer shall make payment to Seller for Product by wire transfer or ACH payment to the bank account provided on each monthly invoice. Buyer shall pay undisputed invoice amounts within twenty-five (25) days after receipt of the invoice, or the end of the prior monthly delivery period, whichever is later. If such due date falls on a weekend or legal holiday, such due date shall be the next Business Day. Payments made after the due date will be considered late and will bear interest on the unpaid balance. If the amount due is not paid on or before the due date or if any other payment that is due and owing from one Party to another is not paid on or before its applicable due date, a late payment charge shall be applied to the unpaid balance and shall be added to the next billing statement. Such late payment charge shall be calculated based on an annual interest rate equal to the prime rate published on the date of the invoice in The Wall Street Journal (or, if The Wall Street Journal is not published on that day, the next succeeding date of publication), plus two percent (2%) (the “Interest Rate”). If the due date occurs on a day that is not a Business Day, the late payment charge shall begin to accrue on the next succeeding Business Day. 8.3 Books and Records. To facilitate payment and verification, each Party shall maintain all books and records necessary for billing and payments, including copies of all invoices under this Agreement and such records as may be required by Prudent Operating Practice, for a period of at least five (5) years or as otherwise required by Law. Either Party, upon five (5) Business Days’ Notice to the other Party, shall be granted reasonable access to the accounting books and records within the possession or control of the other Party pertaining to all invoices generated pursuant to this Agreement. Seller acknowledges that in accordance with California Government Code Section 8546.7, Seller may be subject to audit by the California State Auditor with regard to Seller’s performance of this Agreement because the compensation under this Agreement exceeds Ten Thousand Dollars ($10,000). 8.4 Payment Adjustments; Billing Errors. Payment adjustments shall be made if Buyer or Seller discovers there have been good faith inaccuracies in invoicing that are not otherwise disputed under Agreement, an adjustment to an amount previously invoiced or paid is required due to a correction of data by the CAISO, or there is determined to have been a meter inaccuracy sufficient to require a payment adjustment. If the required adjustment is in favor of Buyer, Buyer’s next monthly payment shall be credited in an amount equal to the adjustment. If the required adjustment is in favor of Seller, Seller shall add the adjustment amount to Buyer’s next monthly invoice. Adjustments in favor of either Buyer or Seller shall bear interest, until settled in full, in accordance with Section 8.2, accruing from the date on which the adjusted amount should have been due. 8.5 Billing Disputes. A Party may, in good faith, dispute the correctness of any invoice or any adjustment to an invoice rendered under this Agreement, or adjust any invoice for any arithmetic or computational error, within twelve (12) months of the date the invoice, or adjustment Page 194 of 882 40 to an invoice, was rendered. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within five (5) Business Days of such resolution along with interest accrued at the Interest Rate from and including the original due date to but excluding the date paid. Inadvertent overpayments shall be returned via adjustments in accordance with Section 8.4. Any dispute with respect to an invoice is waived if the other Party is not notified in accordance with this Section 8.5 within twelve (12) months after the invoice is rendered or subsequently adjusted, except to the extent any misinformation was from a third party not affiliated with any Party seeking the adjustment and such party corrects its information after the twelve-month period. If an invoice is not rendered within twelve (12) months after the close of the month during which performance occurred, the right to payment for such performance is waived. 8.6 Netting of Payments. The Parties hereby agree that they shall discharge mutual debts and payment obligations due and owing to each other pursuant to this Agreement on the same date through netting, in which case all amounts owed by each Party to the other Party for the purchase and sale of Product and Deemed Delivered Energy during the monthly billing period under this Agreement or otherwise arising out of this Agreement, including any related damages calculated pursuant to Exhibits B and G, interest, and payments or credits, shall be netted so that only the excess amount remaining due shall be paid by the Party who owes it. 8.7 Seller’s Development Security. To secure Seller’s obligations under this Agreement, Seller shall deliver Development Security to Buyer within thirty (30) days after the Effective Date. Seller shall maintain the Development Security in full force and effect, provided that Seller shall have no obligation to replenish the Development Security in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement. Upon the earlier of (i) Seller’s delivery of the Performance Security, or (ii) sixty (60) days after termination of this Agreement, Buyer shall promptly return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. Provided that no Event of Default has occurred and is continuing with respect to Seller, Seller may replace Development Security or change the form of Development Security to another form of Development Security from time to time upon reasonable prior written notice to Buyer. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit Rating specified in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (iii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have five (5) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security. 8.8 Seller’s Performance Security. To secure its obligations under this Agreement, Seller shall deliver Performance Security to Buyer on or before the Commercial Operation Date. Seller shall maintain the Performance Security in full force and effect until the date on which the following have occurred (“Performance Security End Date”): (A) the Delivery Term has expired or terminated early; and (B) all payment obligations of the Seller then due and payable Page 195 of 882 41 under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting). Following the occurrence of the Performance Security End Date, Buyer shall promptly return to Seller the unused portion of the Performance Security, less the amounts drawn in accordance with this Agreement. If the Performance Security is a Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit Rating set forth in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Performance Security End Date, or (iii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have five (5) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Performance Security. If the Performance Security is a Guarantee, and Seller receives notice that the Guarantor at any point no longer meets any of the conditions within the definition of Guarantor, Seller shall have five (5) Business Days to either post cash, provide a replacement Guarantee, or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Performance Security. 8.9 First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the Development Security, Performance Security, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7 and 8.8 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of an Event of Default caused by Seller, an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.9): (a) Exercise any of its rights and remedies with respect to the Development Security and Performance Security, including any such rights and remedies under Law then in effect; (b) Draw on any outstanding Letter of Credit issued for its benefit and retain any cash held by Buyer as Development Security or Performance Security; and (c) Liquidate all Development Security or Performance Security (as applicable) then held by or for the benefit of Buyer free from any claim or right of any nature whatsoever of Seller, including any equity or right of purchase or redemption by Seller. Buyer shall apply the proceeds of the collateral realized upon the exercise of any such rights or remedies to reduce Seller’s obligations under this Agreement (Seller remains liable for any amounts owing to Buyer after such application), subject to Buyer’s obligation to return any surplus proceeds remaining after these obligations are satisfied in full. Page 196 of 882 42 ARTICLE 9 NOTICES 9.1 Addresses for the Delivery of Notices. Any Notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth on Exhibit N or at such other address or addresses as a Party may designate for itself from time to time by Notice hereunder. 9.2 Acceptable Means of Delivering Notice. Each Notice required, permitted, or contemplated hereunder shall be deemed to have been validly served, given or delivered as follows: (a) if sent by United States mail with proper first class postage prepaid, three (3) Business Days following the date of the postmark on the envelope in which such Notice was deposited in the United States mail; (b) if sent by a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement with such carrier made for the payment of such fees, the next Business Day after the same is delivered by the sending Party to such carrier; (c) if sent by electronic communication (including electronic mail, facsimile, or other electronic means), at the time indicated by the time stamp upon delivery; or (d) if delivered in person, upon receipt by the receiving Party. Notwithstanding the foregoing, Notices of outages or other scheduling or dispatch information or requests, may be sent by electronic communication and shall be considered delivered upon successful completion of such transmission. In addition, for any Notice sent pursuant to (a), (b) or (d) above, the Party sending such Notice shall send a courtesy copy via email to the email address provided on Exhibit N. ARTICLE 10 FORCE MAJEURE 10.1 Definition. (a) “Force Majeure Event” means any act or event that delays or prevents a Party from timely performing all or a portion of its obligations under this Agreement or from complying with all or a portion of the conditions under this Agreement if such act or event, despite the exercise of reasonable efforts, cannot be avoided by and is beyond the reasonable control (whether direct or indirect) of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance, or noncompliance. (b) Without limiting the generality of the foregoing, except as set forth below, so long as an event otherwise satisfies the definition of a Force Majeure Event, a Force Majeure Event may include an act of God or the elements, such as flooding, lightning, hurricanes, tornadoes, or ice storms; explosion; fire; volcanic eruption; flood; epidemic, including COVID- 19; landslide; mudslide; sabotage; terrorism; earthquake; or other cataclysmic events; an act of public enemy; war; blockade; civil insurrection; riot; civil disturbance; Governmental Action; or strikes or other labor difficulties caused or suffered by a Party or any third party. Notwithstanding the foregoing, the term “Force Majeure Event” does not include (i) Seller’s inability to obtain permits or approvals of any type for the construction, operation, or maintenance of the Facility, except to the extent such inability is caused by a Force Majeure Event; (ii) the inability of a Party to make payments when due under this Agreement, unless the cause of such Page 197 of 882 43 inability is an event that would otherwise constitute a Force Majeure Event as described above that disables physical or electronic facilities necessary to transfer funds to the payee Party; (iii) a Curtailment Order, except to the extent such Curtailment Order is caused by a Force Majeure Event; (iv) Seller’s inability to obtain sufficient labor, equipment, materials, or other resources to build or operate the Facility except to the extent such inability is caused by a Force Majeure Event; (v) a strike, work stoppage or labor dispute limited only to any one or more of Seller, Seller’s Affiliates, Seller’s contractors, their subcontractors thereof or any other third party employed by Seller to work on the Facility; (vi) any equipment failure except if such equipment failure is caused by a Force Majeure Event; or (vii) economic conditions that render a Party’s performance of this Agreement at the Contract Price unprofitable or otherwise uneconomic (including an increase in component costs for any reason, including foreign or domestic tariffs, Buyer’s ability to buy the Product, or any component thereof at a lower price, or Seller’s ability to sell the Product, or any component thereof, at a higher price, than under the Agreement). 10.2 No Liability If a Force Majeure Event Occurs. Neither Seller nor Buyer shall be liable to the other Party in the event it is prevented from performing its obligations hereunder in whole or in part due to a Force Majeure Event. The Party rendered unable to fulfill any obligation by reason of a Force Majeure Event shall take reasonable actions necessary to remove such inability. Nothing herein shall be construed as permitting that Party to continue to fail to perform after said cause has been removed. Neither Party shall be considered in breach or default of this Agreement if and to the extent that any failure or delay in the Party’s performance of one or more of its obligations hereunder is caused by a Force Majeure Event. Notwithstanding the foregoing, the occurrence and continuation of a Force Majeure Event shall not (a) suspend or excuse the obligation of a Party to make any payments due hereunder, (b) suspend or excuse the obligation of Seller to achieve the Guaranteed Construction Start Date or the Guaranteed Commercial Operation Date beyond the extensions provided in Exhibit B, or (c) limit Buyer’s right to declare an Event of Default pursuant to Section 11.1(b)(ii) or (iv) and receive a Damage Payment upon exercise of Buyer’s remedies pursuant to Section 11.2. 10.3 Notice. In the event of any delay or nonperformance resulting from a Force Majeure Event, the Party suffering the Force Majeure Event shall (a) promptly notify the other Party in writing of the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance, and (b) promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party; provided, however, that a Party’s failure to give timely Notice shall not affect such Party’s ability to assert that a Force Majeure Event has occurred unless the delay in giving Notice materially prejudices the other Party. The Parties acknowledge and agree that the extent and impact of COVID-19 on the Parties’ performance hereunder may not be immediately or readily ascertainable, but that each Party shall promptly notify the other in accordance with this Section 10.3 once any impacts of COVID-19 result in any delay or nonperformance hereunder. 10.4 Termination Following Force Majeure Event. If a Force Majeure Event has occurred after the Commercial Operation Date that has caused either Party to be wholly or partially unable to perform its obligations hereunder, and the impacted Party has claimed and received relief from performance of its obligations for a consecutive twelve (12) month period, then the non- claiming Party may terminate this Agreement upon written Notice to the other Party experiencing Page 198 of 882 44 the Force Majeure Event; provided, however, that Seller shall be entitled to up to an additional six (6) months to remedy the Force Majeure Event if (a) Seller has been unable to remedy the Force Majeure Event within the original twelve (12) month period despite exercising diligent efforts and (b) Seller provides to Buyer prior to the expiration of the original twelve (12) month period (i) a detailed plan reasonably acceptable to an independent, professional engineer selected by Buyer, licensed in the State of California, that explains how Seller will restore the Facility, (ii) a certificate from a Licensed Professional Engineer attesting that the Facility could not reasonably have been restored to operational status within the original twelve (12) month period but is reasonably likely to be restored to operational status within the additional six (6) month period by Seller’s execution of the plan described in Section 10.4(b)(i), (iii) detailed monthly reports (due no later than the 15th day of each month) describing the progress of Seller’s efforts to remedy the Force Majeure Event during the prior month, and (iv) Seller continues to make reasonable progress in implementing the detailed plan provided to Buyer, or in otherwise resolving the Force Majeure Event. Upon any such termination, neither Party shall have any liability to the other, save and except for those obligations specified in Section 2.1(b), and Buyer shall promptly return to Seller any Performance Security then held by Buyer, less any amounts drawn in accordance with this Agreement. ARTICLE 11 DEFAULTS; REMEDIES; TERMINATION 11.1 Events of Default. An “Event of Default” shall mean, (a) with respect to a Party (the “Defaulting Party”) that is subject to the Event of Default the occurrence of any of the following: (i) the failure by such Party to make, when due, any payment required pursuant to this Agreement and such failure is not remedied within ten (10) Business Days after Notice thereof; (ii) any representation or warranty made by such Party herein is false or misleading in any material respect when made or when deemed made or repeated, and such default is not remedied within thirty (30) days after Notice thereof (or such longer additional period, not to exceed an additional thirty (30) days, if the Defaulting Party is unable to remedy such default within such initial thirty (30) day period despite exercising commercially reasonable efforts); (iii) the failure by such Party to perform any material covenant or obligation set forth in this Agreement (except to the extent constituting a separate Event of Default, set forth in this Section 11.1; and except for failures related to the Adjusted Energy Production that do not trigger the provisions of Section 11.1(b)(v), 11.1(b)(vii), and 11.1(b)(viii), the exclusive remedies for which are set forth in Section 4.7), and such failure is not remedied within thirty (30) days after Notice thereof (or such longer additional period, not to exceed an additional sixty (60) days, if the Defaulting Party is unable to remedy such failure within such initial thirty (30) day period despite exercising commercially reasonable efforts); (iv) such Party becomes Bankrupt; (v) such Party assigns this Agreement or any of its rights hereunder other than in compliance with Article 14; or Page 199 of 882 45 (vi) such Party consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to, another entity and, at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee entity fails to assume all the obligations of such Party under this Agreement to which it or its predecessor was a party by operation of Law or pursuant to an agreement reasonably satisfactory to the other Party. (b) with respect to Seller as the Defaulting Party, the occurrence of any of the following: (i) if at any time, Seller delivers or attempts to deliver electric energy for sale under this Agreement that was not generated by the Facility, except for Replacement Product or Bridge Product; (ii) the failure by Seller to achieve Commercial Operation within one hundred eighty (180) days after the Guaranteed Commercial Operation Date; (iii) if not remedied within ten (10) days after Notice thereof, the failure by Seller to deliver a Remedial Action Plan required under Section 2.4; (iv) the failure by Seller to achieve the Construction Start Date within one hundred eighty (180) days after the Guaranteed Construction Start Date; (v) if, in any consecutive six (6) month period, the Adjusted Energy Production amount (calculated in accordance with Exhibit G) is not at least ten percent (10%) of the Expected Energy amount for such period in the applicable Contract Year, and Seller fails to either (x) demonstrate to Buyer’s reasonable satisfaction, within ten (10) Business Days after Notice from Buyer, a legitimate reason for the failure to meet the ten percent (10%) minimum, or (y) deliver to Buyer within ten (10) Business Days after Notice from Buyer a plan or report developed by Seller that describes the cause of the failure to meet the ten percent (10%) and the actions that Seller has taken, is taking, or proposes to take in an effort to cure such condition along with the written confirmation of a Licensed Professional Engineer that such plan or report is in accordance with Prudent Operating Practices and capable of cure within a reasonable period of time, not to exceed one hundred and eighty (180) days; (vi) failure by Seller to satisfy the collateral requirements pursuant to Sections 8.7 or 8.8 after Notice and expiration of the cure periods set forth therein; (vii) if beginning in the second Contract Year, the Adjusted Energy Production amount is not at least fifty percent (50%) of the Expected Energy amount in any Contract Year; (viii) if, in any two (2) consecutive Contract Years during the Delivery Term, the Adjusted Energy Production amount is not at least sixty-five percent (65%) of the Expected Energy amount in each Contract Year; (ix) with respect to any outstanding Letter of Credit provided for the benefit of Buyer that is not then required under this Agreement to be canceled or returned, the failure by Seller to provide for the benefit of Buyer substitute Development or Performance Page 200 of 882 46 Security, as applicable, in each case, in the amount required hereunder within ten (10) Business Days after Seller receives Notice of the occurrence of any of the following events: (A) the issuer of the outstanding Letter of Credit shall fail to maintain a Credit Rating of at least “A-” by S&P or “A3” by Moody’s; (B) the issuer of such Letter of Credit becomes Bankrupt; (C) the issuer of the outstanding Letter of Credit shall fail to comply with or perform its obligations under such Letter of Credit and such failure shall be continuing after the lapse of any applicable grace period permitted under such Letter of Credit; (D) the issuer of the outstanding Letter of Credit shall fail to honor a properly documented request to draw on such Letter of Credit; (E) the issuer of the outstanding Letter of Credit shall disaffirm, disclaim, repudiate or reject, in whole or in part, or challenge the validity of, such Letter of Credit; (F) such Letter of Credit fails or ceases to be in full force and effect at any time; or (G) Seller shall fail to renew or cause the renewal of each outstanding Letter of Credit on a timely basis as provided in the relevant Letter of Credit and as provided in accordance with this Agreement, and in no event less than forty-five (45) days prior to the expiration of the outstanding Letter of Credit. (x) with respect to any Guaranty provided for the benefit of Buyer, the failure by Seller to provide for the benefit of Buyer (1) cash, (2) a replacement Guaranty from a different Guarantor meeting the criteria set forth in the definition of Guarantor, or (3) a replacement Letter of Credit from an issuer meeting the criteria set forth in the definition of Letter of Credit, in each case, in the amount required hereunder within ten (10) Business Days after Seller receives Notice of the occurrence of any of the following events: (A) if any representation or warranty made by the Guarantor in connection with this Agreement is false or misleading in any material respect when made or when deemed made or repeated, and such default is not remedied within thirty (30) days after Notice thereof; (B) the failure of Guarantor to make any payment required or to perform any other material covenant or obligation in any Guaranty; (C)the Guarantor becomes Bankrupt; (D)the Guarantor shall fail to meet the criteria for an acceptable Guarantor as set forth in the definition of Guarantor; Page 201 of 882 47 (E)the failure of the Guaranty to be in full force and effect (other than in accordance with its terms) prior to the indefeasible satisfaction of all obligations of Seller hereunder; or (F)the Guarantor shall repudiate, disaffirm, disclaim, or reject, in whole or in part, or challenge the validity of any Guaranty. 11.2 Remedies; Declaration of Early Termination Date. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, the other Party (“Non- Defaulting Party”) shall have the following rights: (a) to send Notice, designating a day, no earlier than the day such Notice is deemed to be received and no later than twenty (20) days after such Notice is deemed to be received, as an early termination date of this Agreement (“Early Termination Date”) that terminates this Agreement (the “Terminated Transaction”) and ends the Delivery Term effective as of the Early Termination Date; (b) to accelerate all amounts owing between the Parties, and to collect as liquidated damages (i) the Damage Payment (in the case of an Event of Default by Seller occurring before the Commercial Operation Date, including an Event of Default under Section 11.1(b)(ii) or 11.1(b)(iv)) or (ii) the Termination Payment calculated in accordance with Section 11.3 below (in the case of any other Event of Default by either Party); (c) to withhold any payments due to the Defaulting Party under this Agreement; (d) to suspend performance; or (e) to exercise any other right or remedy available at law or in equity, including specific performance or injunctive relief, except to the extent such remedies are expressly limited under this Agreement; provided, that payment by the Defaulting Party of the Damage Payment or Termination Payment, as applicable, shall constitute liquidated damages and the Non-Defaulting Party’s sole and exclusive remedy for any Terminated Transaction and the Event of Default related thereto. 11.3 Termination Payment. The Termination Payment (“Termination Payment”) for a Terminated Transaction shall be the aggregate of all Settlement Amounts plus any or all other amounts due to the Non-Defaulting Party (as of the Early Termination Date) minus any and all other amounts due from the Non-Defaulting Party (as of the Early Termination Date) netted into a single amount. If the resulting value is negative, the Termination Payment shall be zero. The Non- Defaulting Party shall calculate, in a commercially reasonable manner, a Settlement Amount for the Terminated Transaction as of the Early Termination Date. Third parties supplying information Page 202 of 882 48 for purposes of the calculation of Gains or Losses may include, without limitation, dealers in the relevant markets, end-users of the relevant product, information vendors and other sources of market information. The Settlement Amount shall not include consequential, incidental, punitive, exemplary, indirect or business interruption damages. Without prejudice to the Non-Defaulting Party’s duty to mitigate, the Non-Defaulting Party shall not have to enter into replacement transactions to establish a Settlement Amount. Each Party agrees and acknowledges that (a) the actual damages that the Non-Defaulting Party would incur in connection with a Terminated Transaction would be difficult or impossible to predict with certainty, (b) the Damage Payment or Termination Payment described in this Section 11.2 or this Section 11.3 (as applicable) is a reasonable and appropriate approximation of such damages, and (c) the Damage Payment or Termination Payment described in this Section 11.2 or this Section 11.3 (as applicable) is the exclusive remedy of the Non-Defaulting Party in connection with a Terminated Transaction but shall not otherwise act to limit any of the Non-Defaulting Party’s rights or remedies if the Non- Defaulting Party does not elect a Terminated Transaction as its remedy for an Event of Default by the Defaulting Party. 11.4 Notice of Payment of Termination Payment. As soon as practicable after a Terminated Transaction, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Damage Payment or Termination Payment and whether the Termination Payment is due to or from the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of such amount and the sources for such calculation. The Termination Payment shall be made to or from the Non-Defaulting Party, as applicable, within ten (10) Business Days after such Notice is effective. 11.5 Disputes with Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of the Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Disputes regarding the Termination Payment shall be determined in accordance with Article 15. 11.6 Rights and Remedies are Cumulative. Except where an express and exclusive remedy or measure of damages is provided, the rights and remedies of a Party pursuant to this Article 11 shall be cumulative and in addition to the rights of the Parties otherwise provided in this Agreement. 11.7 Seller Pre-Commercial Operation Liability Limitations. Notwithstanding any other provision of this Agreement, if this Agreement is terminated in accordance with the terms and conditions of this Agreement prior to the Commercial Operation Date, Seller’s aggregate liability under this Agreement, including for any previously paid or accrued and unpaid Construction Delay Damages and Commercial Operation Delay Damages, shall be limited to an aggregate amount equal to the sum of (a) the Damage Payment plus (b) any previously paid or accrued and unpaid Construction Delay Damages and Commercial Operation Delay Damages (provided, that the total amount of previously paid or accrued and unpaid Construction Delay Damages and Commercial Operation Delay Damages shall be capped at an amount equal to the Damage Payment for purposes of calculating Seller’s limitation of liability hereunder). Page 203 of 882 49 11.8 Mitigation. Any Non-Defaulting Party shall be obligated to mitigate its Costs, Losses and damages resulting from any Event of Default of the other Party under this Agreement. ARTICLE 12 LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES. 12.1 No Consequential Damages. EXCEPT TO THE EXTENT PART OF AN EXPRESS REMEDY OR MEASURE OF DAMAGES HEREIN, OR PART OF AN ARTICLE 16 INDEMNITY CLAIM, OR INCLUDED IN A LIQUIDATED DAMAGES CALCULATION, OR ARISING FROM FRAUD OR INTENTIONAL MISREPRESENTATION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ITS INDEMNIFIED PERSONS FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOSSES OR DAMAGES FOR LOST REVENUE OR LOST PROFITS, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY. ON OR BEFORE THE SIXTH ANNIVERSARY OF THE COMMERCIAL OPERATION DATE, THE VALUE OF ANY TAX BENEFITS, DETERMINED ON AN AFTER-TAX BASIS, LOST DUE TO BUYER’S DEFAULT (WHICH SELLER HAS NOT BEEN ABLE TO MITIGATE AFTER USE OF REASONABLE EFFORTS) AND AMOUNTS DUE IN CONNECTION WITH THE RECAPTURE OF ANY RENEWABLE ENERGY INCENTIVES, IF ANY, SHALL BE DEEMED TO BE DIRECT DAMAGES. 12.2 Waiver and Exclusion of Other Damages. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. ALL LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE PERTAINING TO SELLER’S LIMITATION OF LIABILITY AND THE PARTIES’ WAIVER OF CONSEQUENTIAL DAMAGES, SHALL APPLY EVEN IF THE REMEDIES FOR BREACH OF WARRANTY PROVIDED IN THIS AGREEMENT ARE DEEMED TO “FAIL OF THEIR ESSENTIAL PURPOSE” OR ARE OTHERWISE HELD TO BE INVALID OR UNENFORCEABLE. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS AND EXCLUSIVE REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, INCLUDING THE DAMAGE PAYMENT UNDER SECTIONS 4.7, 11.2 AND 11.3, AND AS PROVIDED IN EXHIBIT B AND EXHIBIT G, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS Page 204 of 882 50 INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. THE PARTIES HEREBY WAIVE ANY RIGHT TO CONTEST SUCH PAYMENTS AS AN UNREASONABLE PENALTY. THE PARTIES ACKNOWLEDGE AND AGREE THAT MONEY DAMAGES AND THE EXPRESS REMEDIES PROVIDED FOR HEREIN ARE AN ADEQUATE REMEDY FOR THE BREACH BY THE OTHER OF THE TERMS OF THIS AGREEMENT, AND EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO SPECIFIC PERFORMANCE WITH RESPECT TO ANY OBLIGATION OF THE OTHER PARTY UNDER THIS AGREEMENT. ARTICLE 13 REPRESENTATIONS AND WARRANTIES; AUTHORITY 13.1 Seller’s Representations and Warranties. As of the Effective Date, Seller represents and warrants as follows: (a) Seller is a limited liability company, duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation, and is qualified to conduct business in the state of California and each jurisdiction where the failure to so qualify would have a material adverse effect on the business or financial condition of Seller. (b) Seller has the power and authority to enter into and perform this Agreement and is not prohibited from entering into this Agreement or discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement, except where such failure does not have a material adverse effect on Seller’s performance under this Agreement. The execution, delivery and performance of this Agreement by Seller has been duly authorized by all necessary limited liability company action on the part of Seller and does not and will not require the consent of any trustee or holder of any indebtedness or other obligation of Seller or any other party to any other agreement with Seller. (c) The execution and delivery of this Agreement, consummation of the transactions contemplated herein, and fulfillment of and compliance by Seller with the provisions of this Agreement will not conflict with or constitute a breach of or a default under any Law presently in effect having applicability to Seller, subject to any permits that have not yet been obtained by Seller, the documents of formation of Seller or any outstanding trust indenture, deed of trust, mortgage, loan agreement or other evidence of indebtedness or any other agreement or instrument to which Seller is a party or by which any of its property is bound. (d) This Agreement has been duly executed and delivered by Seller. This Agreement is a legal, valid and binding obligation of Seller enforceable in accordance with its terms, except as limited by laws of general applicability limiting the enforcement of creditors’ rights or by the exercise of judicial discretion in accordance with general principles of equity. Page 205 of 882 51 (e) The Facility is located in the State of California, and will be designed to contain the capabilities provided in Exhibit A. (f) Seller will be responsible for obtaining all permits necessary to construct and operate the Facility and Seller or an Affiliate will be the applicant on any CEQA documents. (g) Seller represents and warrants that it has not and will not knowingly utilize equipment or resources for the construction, operation or maintenance of the Facility that rely on work or services exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (“Forced Labor”). The Parties acknowledge that pursuant to the business advisory jointly issued by the U.S. Departments of State, Treasury, Commerce and Homeland Security on July 1, 2020, equipment or resources sourced from the Xinjiang region of China are presumed to involve Forced Labor. 13.2 Buyer’s Representations and Warranties. As of the Effective Date, Buyer represents and warrants as follows: (a) Buyer is a public entity organized under the laws of the State of California. (b) Buyer has the power and authority to enter into and perform this Agreement and is not prohibited from entering into this Agreement or discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement, except where such failure does not have a material adverse effect on Buyer’s performance under this Agreement. The execution, delivery and performance of this Agreement by Buyer has been duly authorized by all necessary action on the part of Buyer and does not and will not require the consent of any trustee or holder of any indebtedness or other obligation of Buyer or any other party to any other agreement with Buyer. (c) The execution and delivery of this Agreement, consummation of the transactions contemplated herein, and fulfillment of and compliance by Buyer with the provisions of this Agreement will not conflict with or constitute a breach of or a default under any Law presently in effect having applicability to Buyer, the documents of formation of Buyer or any outstanding trust indenture, deed of trust, mortgage, loan agreement or other evidence of indebtedness or any other agreement or instrument to which Buyer is a party or by which any of its property is bound. (d) This Agreement has been duly executed and delivered by Buyer. This Agreement is a legal, valid and binding obligation of Buyer enforceable in accordance with its terms, except as limited by laws of general applicability limiting the enforcement of creditors’ rights or by the exercise of judicial discretion in accordance with general principles of equity. (e) Buyer warrants and covenants that with respect to its contractual obligations under this Agreement, it will not claim and affirmatively waives immunity on the grounds of sovereignty or similar grounds with respect to itself or its revenues or assets from (1) suit, (2) jurisdiction of court (provided that such court is located within a venue permitted in law and under the Agreement), (3) relief by way of injunction, order for specific performance or recovery of property, (4) attachment of assets, or (5) execution or enforcement of any judgment; provided, Page 206 of 882 52 however that nothing in this Agreement shall waive the obligations or rights set forth in the California Tort Claims Act (Government Code Section 810 et seq.). (f) Buyer is a “local public entity” as defined in Section 900.4 of the Government Code of the State of California. 13.3 General Covenants. Each Party covenants that commencing on the Effective Date and continuing throughout the Contract Term: (a) It shall continue to be duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation and to be qualified to conduct business in each jurisdiction where the failure to so qualify would have a material adverse effect on its business or financial condition; (b) It shall maintain (or obtain from time to time as required) all regulatory authorizations necessary for it to legally perform its obligations under this Agreement; and (c) It shall perform its obligations under this Agreement in compliance with all terms and conditions in its governing documents and in material compliance with any Law. ARTICLE 14 ASSIGNMENT 14.1 General Prohibition on Assignments. Except as provided in this Article 14, neither Party may voluntarily assign this Agreement or its rights or obligations under this Agreement, or any part of such rights or obligations, without the written consent of the other Party, which consent shall not be unreasonably withheld. Except as provided in this Article 14, any Change of Control of Seller or direct or indirect change of control of Buyer (whether voluntary or by operation of Law) will be deemed an assignment under this Article 14 and will require the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any assignment made in violation of the conditions to assignment set out in this Article 14 shall be null and void. Seller shall be responsible for Buyer’s reasonable costs associated with the preparation, review, execution and delivery of documents in connection with any assignment of this Agreement, including without limitation reasonable attorneys’ fees. 14.2 Collateral Assignment. Subject to the provisions of this Section 14.2, Seller has the right to assign this Agreement as collateral for any financing or refinancing of the Facility. In connection with any financing or refinancing of the Facility by Seller, Buyer shall in good faith work with Seller and Lenders to agree upon a consent to collateral assignment of this Agreement (“Collateral Assignment Agreement”). Each Collateral Assignment Agreement must be in form and substance agreed to by Buyer, Seller and the applicable Lender, such agreement not to be unreasonably withheld. Buyer will not be subject to obligations under more than one Collateral Assignment Agreement at any time. Each Collateral Assignment Agreement must include, among others, the following provisions unless otherwise agreed to by Buyer, Seller and the applicable Lender: (a) Buyer shall give notice of an Event of Default by Seller to the Person(s) to be specified by Lender in the Collateral Assignment Agreement before exercising its right to Page 207 of 882 53 terminate this Agreement as a result of such Event of Default; provided that such notice shall be provided to Lender at the time such notice is provided to Seller and any additional cure period of Lender agreed to in the Collateral Assignment Agreement shall not commence until Lender has received notice of such Event of Default; (b) Lender will have the right to cure an Event of Default on behalf of Seller if Lender sends a written notice to Buyer before the later of (i) the expiration of any cure period, and (ii) five (5) Business Days after Lender’s receipt of notice of such Event of Default from Buyer, indicating Lender’s intention to cure. Lender must remedy or cure such Event of Default within the cure period under this Agreement and any additional cure periods agreed in the Collateral Assignment Agreement up to a maximum of ninety (90) days (or, in the event of a bankruptcy of Seller or any foreclosure or similar proceeding if required by Lender to cure any Event of Default, an additional reasonable period of time to complete such proceedings and effect such cure not to exceed one hundred eighty (180) days without the written consent of Buyer, which consent shall not be unreasonably withheld), provided that if Lender is prohibited by any court order or bankruptcy or insolvency proceedings from curing the Event of Default or from commencing or prosecuting foreclosure proceedings, the foregoing time periods shall be extended by the period of such prohibition; (c) Following an Event of Default by Seller under this Agreement, Buyer may require Seller (or Lender, if Lender has provided the notice set forth in subsection (b) above) to provide to Buyer a report concerning: (i) The status of efforts by Seller or Lender to develop a plan to cure the Event of Default; (ii) Impediments to the cure plan or its development; (iii) If a cure plan has been adopted, the status of the cure plan’s implementation (including any modifications to the plan as well as the expected timeframe within which any cure is expected to be implemented); and (iv) Any other information which Buyer may reasonably require related to the development, implementation and timetable of the cure plan. Seller or Lender must provide the report to Buyer within ten (10) Business Days after Notice from Buyer requesting the report. Buyer will have no further right to require the report with respect to a particular Event of Default after that Event of Default has been cured; (d) Lender will have the right to consent before any termination of this Agreement which does not arise out of an Event of Default, which consent will not be unreasonably withheld, delayed or conditioned; (e) Lender will receive prior notice of and the right to approve material amendments to this Agreement, which approval will not be unreasonably withheld, delayed or conditioned; (f) If this Agreement is transferred to Lender pursuant to subsection (b) above, Page 208 of 882 54 Lender must assume all of Seller’s obligations arising under this Agreement on and after the date of such assumption; provided, before such assumption, if Buyer advises Lender that Buyer will require that Lender cure (or cause to be cured) any Event of Default existing as of the transfer date in order to avoid the exercise by Buyer (in its sole discretion) of Buyer’s right to terminate this Agreement with respect to such Event of Default, then Lender at its option, and in its sole discretion, may elect to either: (i) Cause such Event of Default to be cured (other than any Events of Default which relate to Seller’s bankruptcy or similar insolvency proceedings, to representations and warranties made by Seller or to Seller’s failure to perform obligations under other agreements, or which are otherwise personal to Seller), or (ii) Not assume this Agreement. (g) If Lender elects to transfer this Agreement, then Lender must cause the transferee to assume all of Seller’s obligations arising under this Agreement arising after the date of such assumption as a condition of the sale or transfer. Such sale or transfer may be made only to an entity that meets the definition of Permitted Transferee; (h) Subject to Lender’s cure of any Events of Defaults under the Agreement in accordance with Section 14.2(f), if (i) this Agreement is rejected in Seller’s Bankruptcy or otherwise terminated in connection therewith Lender or its designee shall have the right to elect within ninety (90) days after such rejection or termination, to enter into a replacement agreement with Buyer having substantially the same terms as this Agreement for the remaining term thereof, and, promptly after Lender’s written request, Buyer must enter into such replacement agreement with Lender or Lender’s designee, or (ii) if Lender or its designee, directly or indirectly, takes possession of, or title to, the Facility after any such rejection or termination of this Agreement, promptly after Buyer’s written request, Lender must itself or must cause its designee to promptly enter into a new agreement with Buyer having substantially the same terms as this Agreement for the remaining term thereof, provided that in the event a designee of Lender, directly or indirectly, takes possession of, or title to, the Facility (including possession by a receiver or title by foreclosure or deed in lieu of foreclosure), if such designee is not an entity that meets the definition of Permitted Transferee then such designee shall be subject to the prior written approval of Buyer, such approval not to be unreasonably withheld; and (i) The Parties shall negotiate any Collateral Assignment Agreement in good faith, including variations to the provisions set forth in this Section 14.2, and to the extent the Collateral Assignment Agreement executed by Buyer and Lender varies from such provisions, the terms of such Collateral Assignment Agreement shall be controlling. In addition, Buyer shall cooperate with Seller or any Lender to execute or arrange for delivery of estoppels reasonably requested by Seller or Lender. 14.3 Permitted Assignment by Seller. Seller may, upon prior written notice to, but without the prior written consent of, Buyer, transfer or assign this Agreement, including through a Change of Control, (x) to an Affiliate of Seller or (y) on or after the Construction Start Date, if: (a) the transfer or assignment is to a Permitted Transferee; Page 209 of 882 55 (b) Seller has given Buyer Notice at least fifteen (15) Business Days before the date of such proposed assignment, transfer, or Change of Control; (c) Except in the case of a Change of Control where all of Seller’s obligations and liabilities are directly or indirectly assumed, Seller has provided Buyer a written agreement or certificate signed by the Person to which Seller wishes to assign its interests that provides that such Person will assume all of Seller’s obligations and liabilities under this Agreement upon such transfer or assignment; (d) Seller has provided Buyer with a certificate signed by the Person to which Seller wishes to assign its interests certifying that such Person meets the definition of a Permitted Transferee; and (e) Such transfer or assignment is not in violation of applicable Law. Any assignment by Seller, its successors or assigns under this Section 14.3 shall be of no force and effect unless and until the Notice under clause (b) and the agreements and certificates required under clauses (c) and (d), if applicable, by the assignee have been received by Buyer. For clarity, neither the transfer or assignment of this Agreement through foreclosure by any Lender on the assets of Seller or on the direct or indirect ownership interests in Seller nor the transfer or assignment of this Agreement or such ownership interests in Seller to any Lender in lieu of such foreclosure (including any transfer or assignment of this Agreement or such ownership interests in Seller subsequent to such foreclosure or transfer or assignment in lieu of foreclosure to a Permitted Transferee) shall require Buyer’s consent provided that clauses (a) through (e) are followed and completed. 14.4 Permitted Assignment by Buyer. Buyer may assign its interests in this Agreement without prior written consent of Seller to a Qualified Buyer Assignee. Notwithstanding the foregoing, in connection with any such assignment, such Qualified Buyer Assignee shall execute a written assumption agreement in favor of Seller pursuant to which any such Qualified Buyer Assignee shall assume all the obligations of such Buyer under this Agreement and agree to be bound by all the terms and conditions of this Agreement, thereby relieving the assignor Buyer from its duties and obligations hereunder and thereunder. Any modifications or amendments to this Agreement to accommodate the technical requirements of such Qualified Buyer Assignee (including as they relate to transmission and scheduling) shall require the consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed. ARTICLE 15 DISPUTE RESOLUTION 15.1 Governing Law. This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of Law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. The Parties agree that any suit, action, or other legal proceeding by or against any party (or its Affiliates or designees) with respect to or Page 210 of 882 56 arising out of this Agreement shall be brought in federal courts of the United States or the courts of the State of California sitting in the County of San Bernadino, California. 15.2 Dispute Resolution. In the event of any dispute arising under this Agreement, within ten (10) days following the receipt of a written Notice from either Party identifying such dispute, the Parties shall meet, negotiate and attempt, in good faith, to resolve the dispute quickly, informally and inexpensively. If the Parties are unable to resolve a dispute arising hereunder within the earlier of either thirty (30) days of initiating such discussions, or within forty (40) days after Notice of the dispute, either Party may seek any and all remedies available to it at Law or in equity, subject to the limitations set forth in this Agreement. The Parties may agree to submit the dispute to mediation prior to seeking any and all remedies available to it at Law in or equity. In the event of such an agreement to mediation, the Parties will cooperate in selecting a qualified neutral mediator selected from a panel of neutrals and in scheduling the time and place of the mediation as soon as reasonably possible, but in no event later than thirty (30) days after the request for mediation is made. The Parties agree to participate in the mediation in good faith and to share the costs of the mediation, including the mediator’s fee, equally, but such shared costs shall not include each Party’s own attorneys’ fees and costs, which shall be borne solely by such Party. If the mediation is unsuccessful, then either Party may seek any and all remedies available to it at law or in equity, subject to the limitations set forth in this Agreement. ARTICLE 16 INDEMNIFICATION 16.1 Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless the other Party and its Affiliates, directors, officers, employees and agents (collectively, the “Indemnified Party”) from and against all third-party claims, demands, losses, liabilities, penalties, and expenses (including reasonable attorneys’ fees and expert witness fees) , howsoever described, to the extent arising out of, resulting from, or caused by (i) a violation of applicable Laws, (ii) negligent or tortious acts, errors, or omissions or (iii) intentional acts or willful misconduct in each case by or of the Indemnifying Party, its Affiliates, directors, officers, employees, or agents, excepting only such claims, demands, losses, liabilities, penalties and expenses to the extent solely caused by the willful misconduct or gross negligence of a member of the Indemnified Party (collectively, “Indemnifiable Losses”). Nothing in this Section 16.1 shall enlarge or relieve Seller or Buyer of any liability to the other for any breach of this Agreement. These indemnity provisions shall not be construed to relieve any insurer of its obligation to pay claims consistent with the provisions of a valid insurance policy. 16.2 Claim Notice. (a)Notice of Claim. Subject to the terms of this Agreement and upon obtaining knowledge of an Indemnifiable Loss for which it is entitled to indemnity under this Article 16, the Indemnified Party will promptly provide Notice to the Indemnifying Party in writing of any damage, claim, loss, liability or expense which Indemnified Party has determined has given or could give rise to an Indemnifiable Loss under Section 16.1 (“Claim”). The Notice is referred to as a “Notice of Claim.” A Notice of Claim will specify, in reasonable detail, the facts known to the Indemnified Party regarding the Indemnifiable Loss. Page 211 of 882 57 (b)Failure to Provide Notice. A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 16.2 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnifying Party is not obligated to indemnify the Indemnified Party for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim. 16.3 Defense of Claims. If, within ten (10) days after giving a Notice of Claim regarding a Claim to the Indemnifying Party pursuant to Section 16.2(a), the Indemnified Party receives Notice from such Indemnifying Party that the Indemnifying Party has elected to assume the defense of such Claim, the Indemnifying Party will not be liable for any legal expenses subsequently incurred by the Indemnified Party in connection with the defense thereof; provided, however, that if the Indemnifying Party fails to take reasonable steps necessary to defend diligently such Claim within ten (10) days after receiving Notice from the Indemnified Party that the Indemnified Party believes the Indemnifying Party has failed to take such steps, or if the Indemnifying Party has not undertaken fully to indemnify the Indemnified Party in respect of all Indemnifiable Losses relating to the matter, the Indemnified Party may assume its own defense, and the Indemnifying Party will be liable for all reasonable costs or expenses, including attorneys’ fees, paid or incurred in connection therewith. Without the prior written consent of the Indemnified Party, the Indemnifying Party will not enter into any settlement of any Claim which would lead to liability or create any financial or other obligation on the part of the Indemnified Party for which the Indemnified Party is not entitled to indemnification hereunder; provided, however, that the Indemnifying Party may accept any settlement without the consent of the Indemnified Party if such settlement provides a full release to the Indemnified Party and no requirement that the Indemnified Party acknowledge fault or culpability. If a firm offer is made to settle a Claim without leading to liability or the creation of a financial or other obligation on the part of the Indemnified Party for which the Indemnified Party is not entitled to indemnification hereunder and the Indemnifying Party desires to accept and agrees to such offer, the Indemnifying Party will give Notice to the Indemnified Party to that effect. If the Indemnified Party fails to consent to such firm offer within ten (10) calendar days after its receipt of such Notice, the Indemnified Party may continue to contest or defend such Claim and, in such event, the maximum liability of the Indemnifying Party to such Claim will be the amount of such settlement offer, plus reasonable costs and expenses paid or incurred by the Indemnified Party up to the date of such Notice. 16.4 Rights and Remedies are Cumulative. Except for express remedies already provided in this Agreement, the rights and remedies of a Party pursuant to this Article 16 are cumulative and in addition to the rights of the Parties otherwise provided in this Agreement. ARTICLE 17 INSURANCE 17.1 Insurance. Page 212 of 882 58 (a) General Liability. Seller shall maintain, or cause to be maintained at its sole expense, (i) commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of Two Million Dollars ($2,000,000) per occurrence, and an annual aggregate of not less than Four Million Dollars ($4,000,000), and include Buyer as an additional insured; and (ii) an umbrella and/or excess liability insurance policy in a minimum limit of liability of Five Million Dollars ($5,000,000). Defense costs shall be provided as an additional benefit and not included within the limits of liability. Such insurance shall contain standard contractual liability, cross-liability and severability of interest provisions. (b) Employer’s Liability Insurance. Employers’ Liability insurance shall not be less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee. (c) Workers Compensation Insurance. Seller, if it has employees, shall also maintain at all times during the Contract Term workers’ compensation and employers’ liability insurance coverage in accordance with applicable requirements of California Law. (d) Business Auto Insurance. Seller shall maintain at all times during the Contract Term business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of Seller’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement. (e) Construction All-Risk Insurance. Seller shall maintain or cause to be maintained during the construction or re-powering of the Facility prior to the Commercial Operation Date, construction all-risk form property insurance covering the Facility during such construction periods, and naming the Seller (and Lender if any) as the loss payee. (f) Contractor’s Pollution Liability. Seller shall maintain or cause to be maintained during the construction of the Facility prior to the Commercial Operation Date, Pollution Legal Liability Insurance in the amount of Two Million Dollars ($2,000,000) per occurrence and in the aggregate, naming Seller (and Lender if any) as additional insured. (g) Contractor Insurance. Seller shall require the contractor under its engineering, procurement, and construction contract for the Facility to carry: (i) commercial general liability insurance with a combined single limit not less than Two Million Dollars ($2,000,000); (ii) workers’ compensation insurance and employers’ liability coverage in accordance with applicable requirements of Law; and (iii) business auto insurance for bodily injury and property damage, in each case, with limits of One Million Dollars ($1,000,000) per occurrence. The contractor shall name Seller as an additional insured to insurance carried pursuant to clauses (g)(i) and (g)(iii). The contractor shall provide a primary endorsement and a waiver of subrogation to Seller for the required coverage pursuant to this Section 17.1(g). (h) Evidence of Insurance. Within thirty (30) days after execution of the Agreement and upon annual renewal thereafter, Seller shall deliver to Buyer certificates of insurance evidencing such coverage. These certificates shall specify that Buyer shall be given at Page 213 of 882 59 least thirty (30) days prior Notice by Seller in the event of cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of Buyer. (i) Failure to Comply with Insurance Requirements. If Seller fails to comply with any of the provisions of this Article 17, Seller, among other things and without restricting Buyer’s remedies under the Law or otherwise, shall, at its own cost and expense, act as an insurer and provide insurance in accordance with the terms and conditions above. With respect to the required general liability, umbrella liability and commercial automobile liability insurance, Seller shall provide a current, full and complete defense to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third-party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the terms and conditions set forth above. In addition, alleged violations of the provisions of this Article 17 means that Seller has the initial burden of proof regarding any legal justification for refusing or withholding coverage and Seller shall face the same liability and damages as an insurer for wrongfully refusing or withholding coverage in accordance with the laws of California. ARTICLE 18 CONFIDENTIAL INFORMATION 18.1 Definition of Confidential Information. “Confidential Information,” means information, whether oral or written, that is delivered by Seller to Buyer or by Buyer to Seller including: (a) commercially-sensitive or proprietary information provided to Buyer in connection with the terms and conditions of, or proposals and negotiations related to, this Agreement; and (b) information that either Seller or Buyer stamps or otherwise identifies as “confidential” or “proprietary” or words of similar import before disclosing it to the other. Confidential Information does not include (i) information that was publicly available at the time of the disclosure, other than as a result of a disclosure in breach of this Agreement; (ii) information that becomes publicly available through no fault of the recipient after the time of delivery; (iii) information that was rightfully in the possession of the recipient (without confidential or proprietary restriction) at the time of delivery or that becomes available to the recipient from a source not subject to any restriction against disclosing such information to the recipient; and (iv) information that the recipient independently developed without a violation of this Agreement. 18.2 Duty to Maintain Confidentiality. Confidential Information may be disclosed by the recipient (the “Receiving Party”) if and to the extent such disclosure is required (a) to be made by any requirements of Law, (b) pursuant to an order of a court or (c) in order to enforce this Agreement. If the Receiving Party becomes legally compelled (by interrogatories, requests for information or documents, subpoenas, summons, civil investigative demands, or similar processes or otherwise in connection with any litigation or to comply with any applicable Law, order, regulation, ruling, regulatory request, accounting disclosure rule or standard or any exchange, control area or independent system operator request or rule) to disclose any Confidential Information of the disclosing Party (the “Disclosing Party”), Receiving Party shall provide Disclosing Party with prompt notice so that Disclosing Party, at its sole expense, may seek an appropriate protective order or other appropriate remedy. If the Disclosing Party takes no such action after receiving the foregoing notice from the Receiving Party, the Receiving Party is not Page 214 of 882 60 required to defend against such request and shall be permitted to disclose such Confidential Information of the Disclosing Party, with no liability for any damages that arise from such disclosure. Notwithstanding anything in this Agreement, Seller acknowledges and agrees that Buyer is required to make this Agreement available to the public in connection with the process of seeking approval from its governing body for execution of this Agreement. Buyer will use reasonable efforts to redact certain financial terms of this Agreement as part of any such public disclosure, to the extent permissible under Buyer’s policies and California law. Each Party hereto acknowledges and agrees that information and documentation provided in connection with this Agreement may be subject to the California Public Records Act (Government Code Section 6250 et seq.). Buyer shall, to the extent permissible, notify Seller in writing in advance of any disclosure that a request or demand has been made; provided that, upon the advice of its counsel that disclosure is required, Buyer may disclose this Agreement or any other requested Confidential Information, whether or not advance written notice to Seller has been provided. Seller shall be solely responsible for taking whatever steps it deems necessary to protect Confidential Information that is the subject of any California Public Records Act request submitted by a third person to Buyer. The provisions of this Article 18 shall survive and shall continue to be binding upon the Parties for period of one (1) year following the date of termination of this Agreement. 18.3 Irreparable Injury; Remedies. Receiving Party acknowledges that its obligations hereunder are necessary and reasonable in order to protect Disclosing Party and the business of Disclosing Party, and expressly acknowledges that monetary damages would be inadequate to compensate Disclosing Party for any breach or threatened breach by Receiving Party of any covenants and agreements set forth herein. Accordingly, Receiving Party acknowledges that any such breach or threatened breach will cause irreparable injury to Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Disclosing Party will be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages. 18.4 Disclosure to Seller Permitted Party. Notwithstanding anything to the contrary in this Article 19, Confidential Information may be disclosed by Seller to any Seller Permitted Party or any of its agents, consultants or trustees, or by Buyer to any potential Buyer Qualified Assignee, so long as the Person to whom Confidential Information is bound by similarly restrictive confidentiality obligations as those contained in this Agreement, or agrees in writing to be bound by the confidentiality provisions of this Article 18 to the same extent as if it were a Party. Notwithstanding anything to the contrary in this Article 18, Confidential Information may be disclosed by either Party to any nationally recognized credit rating agency (e.g., Moody’s Investors Service, Standard & Poor’s, or Fitch Ratings) in connection with the issuance of a credit rating for that Party or its affiliates, provided that any such credit rating agency agrees in writing to maintain the confidentiality of such Confidential Information in accordance with this Article 18. 18.5 Press Releases. Neither Party shall issue (or cause its Affiliates to issue) a press release regarding the transactions contemplated by this Agreement unless both Parties have consented upon the contents of any such public statement. A Party’s consent shall not be unreasonably withheld, conditioned or delayed. Page 215 of 882 61 ARTICLE 19 MISCELLANEOUS 19.1 Entire Agreement; Integration; Exhibits. This Agreement, together with the Cover Sheet and Exhibits attached hereto constitutes the entire agreement and understanding between Seller and Buyer with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits attached hereto are integral parts hereof and are made a part of this Agreement by reference. The headings used herein are for convenience and reference purposes only. In the event of a conflict between the provisions of this Agreement and those of the Cover Sheet or any Exhibit, the provisions of first the Cover Sheet, and then this Agreement shall prevail, and such Exhibit shall be corrected accordingly. This Agreement shall be considered for all purposes as prepared through the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof. 19.2 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Seller and Buyer; provided, that, for the avoidance of doubt, this Agreement may not be amended by electronic mail communications. 19.3 No Waiver. Waiver by a Party of any default by the other Party shall not be construed as a waiver of any other default. 19.4 No Agency, Partnership, Joint Venture or Lease. Seller and the agents and employees of Seller shall, in the performance of this Agreement, act in an independent capacity and not as officers or employees or agents of Buyer. Under this Agreement, Seller and Buyer intend to act as energy seller and energy purchaser, respectively, and do not intend to be treated as, and shall not act as, partners in, co-venturers in or lessor/lessee with respect to the Facility or any business related to the Facility. This Agreement shall not impart any rights enforceable by any third party (other than a permitted successor or assignee bound to this Agreement) or, to the extent set forth therein, any Lender. 19.5 Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, the Parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. The Parties shall, however, use their best endeavors to agree on the replacement of the void, illegal or unenforceable provision(s) with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and this Agreement as a whole. 19.6 Mobile-Sierra. Notwithstanding any other provision of this Agreement, neither Party shall seek, nor shall they support any third party seeking, to prospectively or retroactively revise the rates, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party shall be the Page 216 of 882 62 “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956). Changes proposed by a non-Party or FERC acting sua sponte shall be subject to the most stringent standard permissible under applicable Law. 19.7 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original. 19.8 Electronic Delivery. This Agreement may be duly executed and delivered by a Party by execution and electronic format (including portable document format (.pdf)) delivery of the signature page of a counterpart to the other Party, and, if delivery is made by electronic format, the executing Party shall promptly deliver, via overnight delivery, a complete original counterpart that it has executed to the other Party, but this Agreement shall be binding on and enforceable against the executing Party whether or not it delivers such original counterpart. 19.9 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 19.10 [Intentionally Omitted] 19.11 Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are “forward contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party further agrees that, for all purposes of this Agreement, to the extent permissible by Law at the time, such Party waives and agrees not to assert the applicability of the provisions of 11 U.S.C. § 366 in any bankruptcy proceeding wherein such Party is a debtor. In any such proceeding, each Party, to the extent permissible by Law at the time, further waives the right to assert that the other Party is a provider of last resort to the extent such term relates to 11 U.S.C. §366 or another provision of 11 U.S.C. § 101-1532. 19.12 Further Assurances. Each of the Parties hereto agree to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, to give full effect to this Agreement and to carry out the intent of this Agreement. Page 217 of 882 Exhibit A EXHIBIT A FACILITY DESCRIPTION Site Name: Rosamond South Project Site includes all or some of the following APNs: 359-331-16 359-332-06 359‐100‐05 359-332-24 359-331-22 374-020-16 359-020-49 359‐402‐11 359-332-10 374-450-01 359-403-09 359-332-12 359-332-03 359‐402‐13 359-403-08 359-332-13 359-332-09 359-402-19 359-350-21 359-332-14 359-331-21 359-331-20 359-020-07 359-041-20-00-2 359-332-04 359-401-20 359-121-54 359-041-11-00-6 359-332-30 359-401-21 359-350-21-00-8 359-041-07-00-5 359‐331‐23 359-401-22 261-196-09-00-8 261-260-20-00-7 359‐331‐06 359-401-23 359-041-01-00-7 261-260-22-00-3 359‐331‐07 374-020-02 359-402-20 261-260-23-00-6 359‐331‐12 374-020-15 359-402-21 261-120-01-00-1 359‐331‐13 374-460-12 359-402-22 261-120-09-00-5 359‐331‐15 359-332-35 359-402-15 261-120-05-00-3 359-332-11 359-331-18 359-402-16 261-120-06-00-6 359-332-31-00-5 359-332-05 359-402-17 261-120-07-00-9 359-332-02 359-332-01 359-402-18 261-120-08-00-2 359-175-05 359-332-07 359‐402‐14 This Agreement is specific to the Site and Seller may not materially change the location of the Site without Buyer’s prior written consent, which consent is in Buyer’s sole discretion; provided that Buyer’s consent is not required for changes to the Site size and shape so long as the Facility remains at the Facility Interconnection Point. Seller shall maintain Site Control throughout the Contract Term and shall provide Buyer with prompt Notice of any change in the status of Seller’s Site Control. GPS Coordinates:34.843101, -118.378120 County:Kern County CEQA Lead Agency:Kern County Type of Generating Facility: Solar photovoltaic electricity generating facility Page 218 of 882 Exhibit A Operating Characteristics of Generating Facility: MW as-available solar photovoltaic Guaranteed Capacity:10 MW AC (net, at the Delivery Point)] Interconnection Capacity:56.87 MW AC Facility Interconnection Point: SCE Whirlwind 230 kV Delivery Point: the Facility PNode on the CAISO Grid PNode:The PNode designated by CAISO for the Facility at the Whirlwind 230 kV substation. CAISO Queue Number:Q1327 Participating Transmission Owner: Southern California Edison Company One-Line Diagram: Included on the following page. Page 219 of 882 Exhibit B EXHIBIT B FACILITY CONSTRUCTION AND COMMERCIAL OPERATION 1.Construction of the Facility. a. “Construction Start” will occur upon satisfaction of the following: (i) Seller has acquired the applicable regulatory authorizations, approvals and permits required for the commencement of construction of the Facility, (ii) Seller has engaged all contractors and ordered all essential equipment and supplies as, in each case, can reasonably be considered necessary so that physical construction of the Facility may begin and proceed to completion without foreseeable interruption of material duration, and (iii) Seller has executed an engineering, procurement, and construction contract and issued thereunder a full notice to proceed that authorizes the contractor to mobilize to Site and begin physical construction at the Site. The date of Construction Start will be evidenced by and subject to Seller’s delivery to Buyer of a certificate substantially in the form attached as Exhibit J hereto, and the date certified therein shall be the “Construction Start Date.” The Seller shall cause Construction Start to occur no later than the Guaranteed Construction Start Date. b. If Construction Start is not achieved by the Guaranteed Construction Start Date, Seller shall pay Construction Delay Damages to Buyer for each day for which Construction Start has not begun after the Guaranteed Construction Start Date. Construction Delay Damages shall be payable to Buyer by Seller until Seller reaches Construction Start of the Facility. On or before the tenth (10th) day of each month, Buyer shall invoice Seller for Construction Delay Damages, if any, accrued during the prior month and, within ten (10) days following Seller’s receipt of such invoice, Seller shall pay Buyer the amount of the Construction Delay Damages set forth in the invoice. Construction Delay Damages shall be refundable to Seller pursuant to Section 2(b) of this Exhibit B. The Parties agree that Buyer’s receipt of Construction Delay Damages shall be Buyer’s sole and exclusive remedy for Seller’s unexcused delay in achieving the Construction Start Date on or before the Guaranteed Construction Start Date, but shall (x) not be construed as Buyer’s declaration that an Event of Default has occurred under any provision of Section 11.1 and (y) not limit Buyer’s right to declare an Event of Default pursuant to Section 11.1(b)(ii) or 11.1(b)(iv) and receive a Damage Payment upon exercise of Buyer’s rights pursuant to Section 11.2. 2.Commercial Operation of the Facility. “Commercial Operation” means the condition existing when (i) Seller has fulfilled all of the conditions precedent in Section 2.2 of the Agreement and provided Notice from a Licensed Professional Engineer to Buyer substantially in the form of Exhibit H (the “COD Certificate”) and (ii) Seller has notified Buyer in writing that is has provided the required documentation to Buyer and met the conditions for achieving Commercial Operation. The “Commercial Operation Date” shall be the later of (x) sixty (60) days prior to the Expected Commercial Operation Date or (y) the date on which Commercial Operation is achieved. Page 220 of 882 Exhibit B a. Seller shall use commercially reasonable efforts to cause Commercial Operation for the Facility to occur by the Guaranteed Commercial Operation Date. Seller shall notify Buyer that it intends to achieve Commercial Operation at least sixty (60) days before the anticipated Commercial Operation Date. b. If Seller achieves Commercial Operation for the Facility by the Guaranteed Commercial Operation Date, all Construction Delay Damages paid by Seller shall be refunded to Seller. Seller shall include the request for refund of the Construction Delay Damages with the first invoice to Buyer after the Commercial Operation Date. c. If Seller does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, Buyer shall retain Construction Delay Damages and Seller shall pay Commercial Operation Delay Damages to Buyer for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date. On or before the tenth (10th) day of each month, Buyer shall invoice Seller for Commercial Operation Delay Damages, if any, accrued during the prior month and within ten (10) days following Seller’s receipt of such invoice, Seller shall pay Buyer the amount of the Commercial Operation Delay Damages set forth in such invoice. If Seller fails to timely pay any Construction Delay Damages or Commercial Operation Delay Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof. The Parties agree that Buyer’s receipt of Commercial Operation Delay Damages shall be Buyer’s sole and exclusive remedy for Seller’s unexcused delay in achieving the Commercial Operation Date on or before the date that is one hundred and eighty (180) days after the Expected Commercial Operation Date, but shall (x) not be construed as Buyer’s declaration that an Event of Default has occurred under any provision of Section 11.1 and (y) not limit Buyer’s right to receive a Damage Payment upon exercise of Buyer’s remedies pursuant to Section 11.2. 3.Termination for Failure to Timely Achieve Commercial Operation. If the Facility has not achieved Commercial Operation within one hundred eighty (180) days after the Expected Commercial Operation Date, Buyer may elect to terminate this Agreement pursuant to Sections 11.1(b)(ii) and 11.2. 4.Extension of the Guaranteed Dates. The Guaranteed Construction Start Date and the Guaranteed Commercial Operation Date shall, subject to notice and documentation requirements set forth below, be automatically extended on a day-for-day basis (the “Development Cure Period”) for the duration of any delay arising out of any of the following circumstances: a. a Force Majeure Event occurs, including a Force Majeure Event that delays Seller from acquiring all material permits consents, licenses, approvals or authorizations from any Governmental Authority required for Seller to own, construct, interconnect, operate or maintain the Facility; or Page 221 of 882 Exhibit B b. the Interconnection Facilities or Network Upgrades are not complete and ready for the Facility to connect and sell Product at the Delivery Point by the Guaranteed Commercial Operation Date, despite the exercise of best efforts by Seller. Notwithstanding anything in this Agreement to the contrary, the cumulative extensions granted under Section 4(a) and 4(b) of this Exhibit B under the Development Cure Period shall not exceed one hundred eighty (180) days, for any reason, including a Force Majeure Event. No extension shall be given if (i) the delay was the result of Seller’s failure to take all commercially reasonable actions to meet its requirements and deadlines, (ii) Seller failed to provide the requested documentation as provided below, or (iii) Seller failed to provide the written Notice to Buyer as required in the next sentence. Seller shall provide prompt written Notice to Buyer of a delay, but in no case more than thirty (30) days after Seller became aware of an actual delay affecting the Facility, except that in the case of a delay occurring within sixty (60) days of the Expected Commercial Operation Date, or after such date, Seller must provide written Notice within seven (7) Business Days of Seller becoming aware of such delay. As used in the preceding sentence, “actual delay” does not include Seller’s receipt of generic notices of potential delays. Upon request from Buyer, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that the delays described above did not result from Seller’s actions or failure to take commercially reasonable actions. 5. Failure to Reach Guaranteed Capacity. If, at Commercial Operation, the Installed Capacity is less than one hundred percent (100%) of Guaranteed Capacity, Seller shall have one hundred twenty (120) days after the Commercial Operation Date to install additional capacity such that the Installed Capacity is equal to (but not greater than) the Guaranteed Capacity, and Seller shall provide to Buyer a new certificate substantially in the form attached as Exhibit I hereto specifying the new Installed Capacity. In the event that the Installed Capacity is still less than the Guaranteed Capacity as of such date, Seller shall pay “Capacity Damages” to Buyer, in an amount equal to Buyer’s Fraction multiplied by Two Hundred Fifty Thousand Dollars ($250,000) for each MW that the Guaranteed Capacity exceeds the Installed Capacity, and the Guaranteed Capacity and other applicable portions of the Agreement shall be adjusted accordingly. Page 222 of 882 Exhibit C EXHIBIT C BRIDGE PRODUCT FACILITIES Bridge Product Facilities List: 1. The Facility (listed in Exhibit A). Form for Additional Facilities (if any) Unit Name: RPS ID: CAISO Resource ID: WREGIS ID: Facility Location: County Facility Location: State Facility Location: Country Facility Location: Longitude Facility Location: Latitude Balancing Authority Interconnection: Facility Fuel Type: Page 223 of 882 Exhibit D EXHIBIT D HOURLY EXPECTED ENERGY Hour Ending Jan Feb Mar April May June July Aug Sep Oct Nov Dec 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Page 224 of 882 Exhibit D 20 21 22 23 24 Page 225 of 882 Exhibit E EXHIBIT E PROGRESS REPORTING FORM Each Progress Report must include the following items: 1. Executive Summary. 2. Facility description. 3. Site plan of the Facility. 4. Description of any material planned changes to the Facility or the Site. 5. Gantt chart schedule showing progress on achieving each of the Milestones. 6. Summary of activities during the previous calendar quarter or month, as applicable, including any OSHA labor hour reports. 7. Forecast of activities scheduled for the current calendar quarter. 8. Written description about the progress relative to Seller’s Milestones, including whether Seller has met or is on target to meet the Milestones. 9. List of issues that are likely to potentially affect Seller’s Milestones. 10. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. 11. Prevailing wage reports as required by Law. 12. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. 13. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. 14. Any other documentation reasonably requested by Buyer. Page 226 of 882 Exhibit F-1 EXHIBIT F-1 FORM OF AVERAGE EXPECTED ENERGY REPORT Average Expected Energy, MWh Per Hour The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. Page 227 of 882 Exhibit F-2 EXHIBIT F-2 FORM OF MONTHLY DELIVERY FORECAST Day HE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 Page 228 of 882 Exhibit F-2 14 15 16 17 18 19 20 21 22 23 24 Page 229 of 882 Exhibit G EXHIBIT G GUARANTEED ENERGY PRODUCTION DAMAGES CALCULATION In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = Replacement price for the Contract Year, in $/MWh, which is the sum of (a) the weighted average of the Integrated Forward Market hourly price for all the Reference Hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point weighted by hourly and monthly volumes in most recently delivered Average Expected Energy Report, plus (b) the lesser of (x) $50/MWh and (y) the market value of Replacement Green Attributes, as reasonably determined by Buyer. D = the Contract Price “Adjusted Energy Production” shall mean the sum of the following: Facility Energy + Deemed Delivered Energy + Lost Output + Replacement Product – Excess MWh. “Lost Output” has the meaning given in Section 4.7 of the Agreement. “Reference Hour” means any hour from hour-ending 0700 to hour-ending 2200 (i.e., 7:00 AM to 9:59 PM) on Monday through Sunday, Pacific Prevailing Time, excluding North American Reliability Council (NERC) holidays. “Replacement Green Attributes” means Renewable Energy Credits of the same Portfolio Content Category (e.g., PCC1) as the Product and of the same timeframe for retirement as the Renewable Energy Credits that would have been generated by the Facility during the Performance Measurement Period for which the Replacement Green Attributes are being provided. “Replacement Energy” means energy and associated Green Attributes produced by a facility other than the Facility that, at the time delivered to Buyer, qualifies under Public Utilities Code 399.16(b)(1), and has Green Attributes that have the same or comparable value, including with respect to the timeframe for retirement of such Green Attributes, if any, as the Green Page 230 of 882 Exhibit G Attributes that would have been generated by the Facility during the Contract Year for which the Replacement Energy is being provided. “Replacement Product” means (a) Replacement Energy, and (b) all Replacement Green Attributes. No payment shall be due if the calculation of (A – B) or (C - D) yields a negative number. Buyer will send Seller Notice of the amount of damages owing, if any, which amount shall be payable to Buyer within thirty (30) days from the date of such Notice. Page 231 of 882 Exhibit H EXHIBIT H FORM OF COMMERCIAL OPERATION DATE CERTIFICATE This certification (“Certification”) of Commercial Operation is delivered by _______[licensed professional engineer] (“Engineer”) to the [Buyer] (“Buyer”) in accordance with the terms of that certain Power Purchase Agreement dated _______ (“Agreement”) by and between [Seller] and Buyer. All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. As of [Date], Engineer hereby certifies and represents to Buyer the following: (1) The Facility is fully operational, reliable and interconnected, fully integrated and synchronized with the Transmission System. (2) Seller has installed equipment for the Facility with a nameplate capacity of no less than ninety-five percent (95%) of the Guaranteed Capacity. (3) Seller has commissioned all equipment in accordance with its respective manufacturer’s specifications. (4) The Facility’s testing included a performance test demonstrating peak electrical output of no less than ninety-five percent (95%) of the Guaranteed Capacity for the Facility at the Delivery Point, as adjusted for ambient conditions on the date of the Facility testing, and such peak electrical output, as adjusted, was [peak output in MW]. (5) Authorization to parallel the Facility was obtained by the PTO, [Name of PTO as appropriate] on___[DATE]____. (6) The PTO has provided documentation supporting full unrestricted release for Commercial Operation by [Name of PTO as appropriate] on _______[DATE]_____. (7) The CAISO has provided notification supporting Commercial Operation, in accordance with the CAISO tariff on _______[DATE]_____. EXECUTED by [LICENSED PROFESSIONAL ENGINEER] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] By: Its: Date: Page 232 of 882 Exhibit I EXHIBIT I FORM OF INSTALLED CAPACITY CERTIFICATE This certification (“Certification”) of Installed Capacity is delivered by _______[licensed professional engineer] (“Engineer”) to the [Buyer] (“Buyer”) in accordance with the terms of that certain Power Purchase Agreement dated _______ (“Agreement”) by and between [Seller] and [Buyer]. All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. I hereby certify the performance test for the Facility demonstrated peak electrical output of __ MW AC at the Delivery Point, as adjusted for ambient conditions on the date of the performance test (“Installed Capacity”). EXECUTED by [LICENSED PROFESSIONAL ENGINEER] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] By: Its: Date: Page 233 of 882 Exhibit J EXHIBIT J FORM OF CONSTRUCTION START DATE CERTIFICATE This certification (“Certification”) of the Construction Start Date is delivered by [SELLER ENTITY] (“Seller”) to the [Buyer] (“Buyer”) in accordance with the terms of that certain Power Purchase Agreement dated __________ (“Agreement”) by and between Seller and Buyer. All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. Seller hereby certifies and represents to Buyer of the following: 1. Construction Start (as defined in Exhibit B of the Agreement) has occurred, and a copy of the notice to proceed that Seller issued to its contractor as part of the Construction Start is attached hereto; 2. the precise Site on which the Facility is located is, which must include some or all of the previously identified APNs (such description shall amend the description of the Site in Exhibit A): _____________________________________________________________________ IN WITNESS WHEREOF, the undersigned has executed this Certification on behalf of Seller as of the ___ day of ________. [SELLER ENTITY] By: Its: Date: Page 234 of 882 Exhibit K EXHIBIT K FORM OF LETTER OF CREDIT [Issuing Bank Letterhead and Address] IRREVOCABLE STANDBY LETTER OF CREDIT NO. [XXXXXXX] Date: Bank Ref.: Amount: US$[XXXXXXXX] Expiry Date: APPLICANT DETAILS TO BE PROVIDED Beneficiary: [Buyer] Ladies and Gentlemen: By the order of __________ (“Applicant”), we, [insert bank name and address] (“Issuer”) hereby issue our Irrevocable Standby Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) in favor of [Buyer] (“Beneficiary”), for an amount not to exceed the aggregate sum of U.S. $[XXXXXX] (United States Dollars [XXXXX] and 00/100), pursuant to that certain Renewable Power Purchase Agreement dated as of [Date of Contract / Agreement should be in the past or on the date of issuance. In case of future contract date the Letter of Credit text will be adjusted to reflect this change] and as amended (the “Agreement”) between Applicant and Beneficiary. This Letter of Credit shall become effective immediately and shall expire on [XXXXXX] which is one year after the issue date of this Letter of Credit, or any expiration date extended in accordance with the terms hereof (the “Expiration Date”). Funds under this Letter of Credit are available to Beneficiary by presentation on or before the Expiration Date of a dated statement purportedly signed by your duly authorized representative, in the form attached hereto as Exhibit A, containing one of the two alternative paragraphs set forth in paragraph 2 therein, referencing our Letter of Credit No. [XXXXXXX] (“Drawing Certificate”). The Drawing Certificate may be presented by (a) physical delivery, or (b) facsimile to [bank fax number [XXX-XXX-XXXX]] confirmed by [email to [bank email address]] (if presented by fax it must be followed up by a phone call to us at [XXXXXX] or [XXXXXX] to confirm receipt) with the originals to follow via courier. The drawing will be effective upon our receipt of the original documents at the above noted address. The original of this Letter of Credit (and all amendments, if any) is not required to be presented in connection with any presentment of a Drawing Certificate by Beneficiary hereunder in order to receive payment. Page 235 of 882 Exhibit K We hereby agree with the Beneficiary that documents presented under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation to the Issuer on or before the Expiration Date. All payments made under this Letter of Credit shall be made with Issuer’s own immediately available funds by means of wire transfer in immediately available United States dollars to Beneficiary’s account as indicated by Beneficiary in its Drawing Certificate or in a communication accompanying its Drawing Certificate. Partial draws are permitted under this Letter of Credit, and this Letter of Credit shall remain in full force and effect with respect to any continuing balance. It is a condition of this Letter of Credit that the Expiration Date shall be deemed automatically extended without an amendment for a one year period beginning on the present Expiration Date hereof and upon each anniversary for such date, unless at least one hundred twenty (120) days prior to any such Expiration Date we have sent to you written notice by registered mail or overnight courier service that we elect not to extend this Letter of Credit, in which case it will expire on the date specified in such notice. No presentation made under this Letter of Credit after such Expiration Date will be honored. Notwithstanding any reference in this Letter of Credit to any other documents, instruments or agreements, this Letter of Credit contains the entire agreement between Beneficiary and Issuer relating to the obligations of Issuer hereunder. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600 (the “UCP”), except to the extent that the terms hereof are inconsistent with the provisions of the UCP, including but not limited to Articles 14(b) and 36 of the UCP, in which case the terms of this Letter of Credit shall govern. In the event of an act of God, riot, civil commotion, insurrection, war or any other cause beyond Issuer’s control (as defined in Article 36 of the UCP) that interrupts Issuer’s business and causes the place for presentation of the Letter of Credit to be closed for business on the last day for presentation, the Expiration Date of the Letter of Credit will be automatically extended without amendment to a date thirty (30) calendar days after the place for presentation reopens for business. Please address all correspondence regarding this Letter of Credit to the attention of the Letter of Credit Department at [insert bank address information], referring specifically to Issuer’s Letter of Credit No. [XXXXXXX]. For telephone assistance, please contact Issuer’s Standby Letter of Credit Department at [XXX-XXX-XXXX] and have this Letter of Credit available. All notices to Beneficiary shall be in writing and are required to be sent by certified letter, overnight courier, or delivered in person to: [Address]. Only notices to Beneficiary meeting the requirements of this paragraph shall be considered valid. Any notice to Beneficiary which is not in accordance with this paragraph shall be void and of no force or effect. [Bank Name] ___________________________ [Insert officer name] [Insert officer title] Page 236 of 882 Exhibit K Exhibit A: (DRAW REQUEST SHOULD BE ON BENEFICIARY’S LETTERHEAD) Drawing Certificate [Insert Bank Name and Address] Ladies and Gentlemen: The undersigned, a duly authorized representative of [Buyer], as beneficiary (the “Beneficiary”) of the Irrevocable Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) issued by [insert bank name] (the “Bank”) by order of __________ (the “Applicant”), hereby certifies to the Bank as follows: 1. Applicant and Beneficiary are party to that certain Renewable Power Purchase Agreement dated as of ___________, 20__ (the “Agreement”). 2. Beneficiary is making a drawing under this Letter of Credit in the amount of U.S. $___________ because a Seller Event of Default (as such term is defined in the Agreement) or other occasion provided for in the Agreement where Beneficiary is authorized to draw on the letter of credit has occurred. OR Beneficiary is making a drawing under this Letter of Credit in the amount of U.S. $___________, which equals the full available amount under the Letter of Credit, because Applicant is required to maintain the Letter of Credit in force and effect beyond the expiration date of the Letter of Credit but has failed to provide Beneficiary with a replacement Letter of Credit or other acceptable instrument within forty-five (45) days prior to such expiration date. 3. The undersigned is a duly authorized representative of [Buyer] and is authorized to execute and deliver this Drawing Certificate on behalf of Beneficiary. You are hereby directed to make payment of the requested amount to [Buyer] by wire transfer in immediately available funds to the following account: [Specify account information] _______________________________ Name and Title of Authorized Representative Date___________________________ Page 237 of 882 Exhibit L EXHIBIT L INTENTIONALLY OMITTED Page 238 of 882 Exhibit M EXHIBIT M INTENTIONALLY OMITTED Page 239 of 882 Exhibit N EXHIBIT N NOTICES GOLDEN FIELDS SOLAR IV, LLC, a Delaware limited liability company (“Seller”) CITY OF RANCHO CUCAMONGA (“Buyer”) All Notices: Street: 4900 Scottsdale Road, Suite 5000 c/o Solar Asset Management LLC City: Scottsdale, AZ 85251 Attn: Asset Management Phone: 480-424-1300 Email: am@clearwayenergy.com With a copy to: 5780 Fleet Street, Suite 130 Carlsbad, CA 9200 Attn: Legal Department Phone: 760-710-3837 Email: legal@clearwayenergy.com All Notices: Street: 10500 Civic Center Drive City: Rancho Cucamonga, CA 91730 Attn: Fred Lyn and Trina Valdez Phone: 909-774-4035 Email: fred.lyn@cityofrc.us & trina.valdez@cityofrc.us With a copy to: Cameron-Daniel, P.C. 101 Morris Street, Suite 201 Sebastopol, CA 95472 Attn: Dan Griffiths Phone: 916-471-9518 dg@cameron-daniel.com Reference Numbers: Duns: 079640339 Federal Tax ID Number: 26-4322315 Reference Numbers: Duns: 007052970 Federal Tax ID Number: 95-3213002 Invoices: Attn: Accounts Payable Phone: 480-424-1300 E-mail: AccountsPayable@clearwayenergy.com Invoices: Attn: Fred Lyn and Catherine Allen Phone: 909-774-4035 E-mail: fred.lyn@cityofrc.us & catherine.allen@cityofrc.us Scheduling: Attn: Asset Management Phone: 480-424-1300 E-mail: am@clearwayenergy.com Scheduling: Attn: Fred Lyn Phone: 909-774-4035 Email: fred.lyn@cityofrc.us Confirmations: Attn: Asset Management Phone: 480-424-1300 E-mail: am@clearwayenergy.com Confirmations: Attn: Fred Lyn Phone: 909-774-4035 Email: fred.lyn@cityofrc.us Page 240 of 882 Exhibit N GOLDEN FIELDS SOLAR IV, LLC, a Delaware limited liability company (“Seller”) CITY OF RANCHO CUCAMONGA (“Buyer”) Payments: Attn: Accounts Payable Phone: 480-424-1300 E-mail: AccountsPayable@clearwayenergy.com Payments: Attn: Catherine Allen Phone: 909-774-4032 E-mail: Catherine.allen@cityofrc.us Wire Transfer: BNK: CitiBank ABA: 031100209 ACCT: 38891478 Wire Transfer: BNK: U.S. Bank ABA: 122235821 ACCT: 158300181845 With additional Notices of an Event of Default to: Attn: Asset Management Phone: 480-424-1300 E-mail: am@clearwayenergy.com With a copy to: 5780 Fleet Street, Suite 130 Carlsbad, CA 9200 Attn: Legal Department Phone: 760-710-3837 Email: legal@clearwayenergy.com With additional Notices of an Event of Default to: Attn: Fred Lyn Phone: 909-744-4035 Email: fred.lyn@cityofrc.us With a copy to: Cameron-Daniel, P.C. 101 Morris Street, Suite 201 Sebastopol, CA 95472 Attn: Dan Griffiths Phone: 916-471-9518 dg@cameron-daniel.com Emergency Contact: Attn: Asset Management Phone: 480-424-1300 E-mail: am@clearwayenergy.com Emergency Contact: Attn: Fred Lyn Phone: 909-774-4035 Email: fred.lyn@cityofrc.us Page 241 of 882 Exhibit O EXHIBIT O SAMPLE CALCULATION OF COMPENSATION Example A – Positive Market Price less than Contract Price If the applicable Market Price is $25/MWh, Delivered Energy for the Settlement Interval is 7 MWh, and Contract Price is $46/MWh; Then, the amount payable to Seller for purposes of determining the compensation for the Settlement Interval pursuant to Section 3.14 (a) (i) (B) is $147, which is equal to the absolute value of (7 MWh * $25/MWh) – (7 MWh * $46/MWh). Example B – Positive Market Price greater than Contract Price If the Market Price is $50.00/MWh, Delivered Energy for the Settlement Interval is 7 MWh, and Contract Price is $46/MWh; Then, the amount payable to Buyer for purposes of determining the compensation for the Settlement Interval pursuant to Section 3.14 (a) (i) (A) is $28, which is equal to (7 MWh * $50/MWh) – (7/MWh * $46/MWh). Example C – Negative Market Price greater than Negative LMP Floor If the applicable Market Price is negative $10/MWh, the applicable Negative LMP Floor is negative $13/MWh, Delivered Energy for the Settlement Interval is 7 MWh, and Contract Price is $46/MWh; Then, the amount payable to Seller for purposes of determining the compensation pursuant to Section 3.14 (a) (i) (B) is $392, which is equal to the absolute value of (7 MWh * -$10/MWh) – (7/MWh * $46/MWh). Example D – Market Curtailment Period If the Market Price is negative $15/MWh, the applicable Negative LMP Floor is negative $13/MWh, Deemed Delivered Energy for the Settlement Interval is 7 MWh, and Contract Price is $46 / MWh; Then the amount payable to Seller for purposes of determining the compensation pursuant to Exhibit P shall equal to 7 MWh * ($46/MWh + PTC Rate). Example E – Deemed Delivered Energy within Curtailment Cap If the Market Price is negative $46/MWh, Deemed Delivered Energy for the current Settlement Interval within the Curtailment Cap is 7 MWh, and Contract Price = $46 / MWh; Then the amount payable to Seller for purposes of determining the compensation pursuant to Section 4.4(b) and Exhibit P is $0. Page 242 of 882 Exhibit P EXHIBIT P NEGATIVE PRICE CURTAILMENT PROTOCOL Principal Concept: Pursuant to Section 3.14 of the Agreement, the Parties establish this mutually agreed written protocol for negative price curtailment (the “Protocol”). The Parties agree that there is value in developing a process to facilitate a negative pricing bid strategy Protocol to capture Renewable Energy Credits. This Protocol may be revised by a subsequent written agreement among the Parties. Capitalized terms not defined in this Exhibit P have the meanings given to them in the Agreement. Details: •The Protocol will be in effect each Contract Year starting at Commercial Operations Date. •Buyer’s Facility Agent will establish and may from time to time revise a negative price for the Economic Bid (“Floor Price”) and will communicate it in writing to the Scheduling Coordinator and Seller no later than five (5) Business Days in advance of each month of the Contract Year. In no event shall the Floor Price exceed $0/MWh. The initial Floor Price shall be -$38/MWh until revised by Buyer’s Facility Agent. Should Buyer’s Facility Agent fail to update the Floor Price, Seller shall use the last Floor Price communicated by Buyer. Buyer’s Facility Agent may not establish a Floor Price that is lower than the minimum floor price permitted in the CAISO Tariff. •For each of the settlement scenarios presented below, the Parties will operate as follows: o In each Settlement Interval in which the Market Price is below the Floor Price, Seller shall curtail deliveries of Facility Energy (such interval, a “Market Curtailment Period”) and such Market Curtailment Period shall count toward the Curtailment Cap. o In the Event of a Market Curtailment Period before the Curtailment Cap is reached, Buyer shall pay Zero Dollars ($0) for any resulting Deemed Delivered Energy. o In the Event of a Market Curtailment Period after the Curtailment Cap is reached, with respect to all resulting Deemed Delivered Energy Buyer shall pay Seller the sum of (a) the Contract Price and (b) PTC Rate multiplied by the amount of energy (in MWh) that Seller could have delivered to Buyer but was prevented from delivering to Buyer due to Market Curtailment Period. o In each Settlement Interval in which the Market Price is below the Floor Price, in the event and to the extent that such period is subject to a Planned Outage, Forced Facility Outage, Force Majeure Event and/or Curtailment Order, the notwithstanding anything in this Exhibit P to the contrary, no Market Curtailment Period shall be deemed to have occurred, no hours will be counted against the Curtailment Cap, and no payment will be due for Deemed Delivered Energy. Page 243 of 882 Exhibit P •The Parties may by mutual written agreement modify this Protocol from time to time to ensure that the economic benefits and costs are consistent with the Parties’ expectations under this Agreement Page 244 of 882 Exhibit Q EXHIBIT Q FORM OF GUARANTY This Guaranty (this “Guaranty”) is entered into as of [_____] (the “Effective Date”) by and between [_____], a [______] (“Guarantor”), and [ (together with its successors and permitted assigns, “Buyer”). ] Recitals A. Buyer and Golden Fields Solar IV, LLC, a Delaware limited liability company (“Seller”), entered into that certain Renewable Power Purchase Agreement (as amended, restated or otherwise modified from time to time, the “PPA”) dated as of [____], 20___. B. Guarantor is entering into this Guaranty as Performance Security to secure Seller’s obligations under the PPA, as required by Section 8.8 of the PPA. C. It is in the best interest of Guarantor to execute this Guaranty inasmuch as Guarantor will derive substantial direct and indirect benefits from the execution and delivery of the PPA. D. Initially capitalized terms used but not defined herein have the meaning set forth in the PPA. Agreement 1. Guaranty. For value received, Guarantor does hereby unconditionally, absolutely and irrevocably guarantee, as primary obligor and not as a surety, to Buyer the full, complete and prompt payment by Seller of any and all amounts and payment obligations now or hereafter owing from Seller to Buyer under the PPA, including, without limitation, compensation for penalties, the Termination Payment, indemnification payments or other damages, as and when required pursuant to the terms of the PPA (the “Guaranteed Amount”), provided, that Guarantor’s aggregate liability under or arising out of this Guaranty shall not exceed ________ Dollars ($___________). The Parties understand and agree that any payment by Guarantor or Seller of any portion of the Guaranteed Amount shall thereafter reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for-dollar basis. This Guaranty is an irrevocable, absolute, unconditional and continuing guarantee of the full and punctual payment and performance, and not of collection, of the Guaranteed Amount and, except as otherwise expressly addressed herein, is in no way conditioned upon any requirement that Buyer first attempt to collect the payment of the Guaranteed Amount from Seller, any other guarantor of the Guaranteed Amount or any other Person or entity or resort to any other means of obtaining payment of the Guaranteed Amount. In the event Seller shall fail to duly, completely or punctually pay any Guaranteed Amount as required pursuant to the PPA, Guarantor shall promptly pay such amount as required herein. 2. Demand Notice. For avoidance of doubt, a payment shall be due for purposes of this Guaranty only when and if a payment is due and payable by Seller to Buyer under the terms and conditions of the Agreement. If Seller fails to pay any Guaranteed Amount as required pursuant to the PPA for five (5) Business Days following Seller’s receipt of Buyer’s written notice of such failure (the Page 245 of 882 Exhibit Q “Demand Notice”), then Buyer may elect to exercise its rights under this Guaranty and may make a demand upon Guarantor (a “Payment Demand”) for such unpaid Guaranteed Amount. A Payment Demand shall be in writing and shall reasonably specify in what manner and what amount Seller has failed to pay and an explanation of why such payment is due and owing, with a specific statement that Buyer is requesting that Guarantor pay under this Guaranty. Guarantor shall, within five (5) Business Days following its receipt of the Payment Demand, pay the Guaranteed Amount to Buyer. 3. Scope and Duration of Guaranty. This Guaranty applies only to the Guaranteed Amount. This Guaranty shall continue in full force and effect from the Effective Date until the earlier of the following: (x) all Guaranteed Amounts have been paid in full (whether directly or indirectly through set-off or netting of amounts owed by Buyer to Seller), (y) replacement Performance Security is provided in an amount and form required by the terms of the PPA, or (z) one hundred eighty (180) days after the early termination of the PPA or expiration of the PPA by its terms. Further, this Guaranty (a) shall remain in full force and effect without regard to, and shall not be affected or impaired by any invalidity, irregularity or unenforceability in whole or in part of this Guaranty, and (b) subject to the preceding sentence, shall be discharged only by complete performance of the undertakings herein. Without limiting the generality of the foregoing, the obligations of the Guarantor hereunder shall not be released, discharged, or otherwise affected and this Guaranty shall not be invalidated or impaired or otherwise affected for the following reasons: (i) the extension of time for the payment of any Guaranteed Amount, or (ii) any amendment, modification or other alteration of the PPA, or (iii) any indemnity agreement Seller may have from any party, or (iv) any insurance that may be available to cover any loss, except to the extent insurance proceeds are used to satisfy the Guaranteed Amount, or (v) any voluntary or involuntary liquidation, dissolution, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of, or other similar proceeding affecting, Seller or any of its assets, including but not limited to any rejection or other discharge of Seller’s obligations under the PPA imposed by any court, trustee or custodian or any similar official or imposed by any law, statue or regulation, in each such event in any such proceeding, or (vi) the release, modification, waiver or failure to pursue or seek relief with respect to any other guaranty, pledge or security device whatsoever, or (vii) any payment to Buyer by Seller that Buyer subsequently returns to Seller pursuant to court order in any bankruptcy or other debtor-relief proceeding, or (viii) those defenses based upon (A) the legal incapacity or lack of power or authority of any Person, including Seller and any representative of Seller to enter into the PPA or perform its Page 246 of 882 Exhibit Q obligations thereunder, (B) lack of due execution, delivery, validity or enforceability, including of the PPA, or (C) Seller’s inability to pay any Guaranteed Amount or perform its obligations under the PPA, or (ix) any other event or circumstance that may now or hereafter constitute a defense to payment of the Guaranteed Amount, including, without limitation, statute of frauds and accord and satisfaction; provided that, subject to Guarantor’s payment of a Guaranteed Amount in accordance with Paragraph 2, Guarantor reserves the right to assert for itself in a subsequent proceeding any defenses, setoffs or counterclaims that Seller is or may be entitled to assert against Buyer (except for such defenses, setoffs or counterclaims that may be asserted by Seller with respect to the PPA, but that are expressly waived under any provision of this Guaranty). 4. Waivers by Guarantor. Guarantor hereby unconditionally waives as a condition precedent to the performance of its obligations hereunder, with the exception of the requirements in Paragraph 2, (a) notice of acceptance, presentment or protest with respect to the Guaranteed Amounts and this Guaranty, (b) notice of any action taken or omitted to be taken by Buyer in reliance hereon, (c) any requirement that Buyer exhaust any right, power or remedy or proceed against Seller under the PPA, and (d) any event, occurrence or other circumstance which might otherwise constitute a legal or equitable discharge of a surety. Without limiting the generality of the foregoing waiver of surety defenses, it is agreed that the occurrence of any one or more of the following shall not affect the liability of Guarantor hereunder: (i) at any time or from time to time, without notice to Guarantor, the time for payment of any Guaranteed Amount shall be extended, or such performance or compliance shall be waived; (ii) the obligation to pay any Guaranteed Amount shall be modified, supplemented or amended in any respect in accordance with the terms of the PPA; (iii) subject to Paragraph 9, any (a) sale, transfer or consolidation of Seller into or with any other entity, (b) sale of substantial assets by, or restructuring of the corporate existence of, Seller or (c) change in ownership of any membership interests of, or other ownership interests in, Seller; or (iv) the failure by Buyer or any other Person to create, preserve, validate, perfect or protect any security interest granted to, or in favor of, Buyer or any Person. 5. Subrogation. Notwithstanding any payments that may be made hereunder by the Guarantor, Guarantor hereby agrees that until the earlier of payment in full of all Guaranteed Amounts or expiration of the Guaranty in accordance with Paragraph 3, it shall not be entitled to, nor shall it seek to, exercise any right or remedy arising by reason of its payment of any Guaranteed Amount under this Guaranty, whether by subrogation or otherwise, against Seller or seek contribution or reimbursement of such payments from Seller. 6. Representations and Warranties. Guarantor hereby represents and warrants that (a) it has all necessary and appropriate [limited liability company][corporate] powers and authority and the Page 247 of 882 Exhibit Q legal right to execute and deliver, and perform its obligations under, this Guaranty, (b) this Guaranty constitutes its legal, valid and binding obligations enforceable against it in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium and other similar laws affecting enforcement of creditors’ rights or general principles of equity, (c) the execution, delivery and performance of this Guaranty does not and will not contravene Guarantor’s organizational documents, any applicable Law or any contractual provisions binding on or affecting Guarantor, (d) there are no actions, suits or proceedings pending before any court, governmental agency or arbitrator, or, to the knowledge of the Guarantor, threatened, against or affecting Guarantor or any of its properties or revenues which may, in any one case or in the aggregate, adversely affect the ability of Guarantor to enter into or perform its obligations under this Guaranty, and (e) no consent or authorization of, filing with, or other act by or in respect of, any arbitrator or Governmental Authority, and no consent of any other Person (including, any stockholder or creditor of the Guarantor), that has not heretofore been obtained is required in connection with the execution, delivery, performance, validity or enforceability of this Guaranty by Guarantor. 7. Notices. Notices under this Guaranty shall be deemed received if sent to the address specified below: (i) on the day received if served by overnight express delivery, and (ii) four Business Days after mailing if sent by certified, first class mail, return receipt requested. If transmitted by facsimile, such notice shall be deemed received when the confirmation of transmission thereof is received by the party giving the notice. Any party may change its address or facsimile to which notice is given hereunder by providing notice of the same in accordance with this Paragraph 7. If delivered to Buyer, to it at If delivered to Guarantor, to it at [____] Attn: [____] Fax: [____] [____] Attn: [____] Fax: [____] 8. Governing Law and Forum Selection. This Guaranty shall be governed by, and interpreted and construed in accordance with, the laws of the United States and the State of California, excluding choice of law rules. The Parties agree that any suit, action or other legal proceeding by or against any party (or its affiliates or designees) with respect to or arising out of this Guaranty shall be brought in the federal courts of the United States or the courts of the State of California sitting in the County of San Bernadino, California. 9. Miscellaneous. This Guaranty shall be binding upon Guarantor and its successors and assigns and shall inure to the benefit of Buyer and its successors and permitted assigns pursuant to the PPA. No provision of this Guaranty may be amended or waived except by a written instrument executed by Guarantor and Buyer. This Guaranty is not assignable by Guarantor without the prior Page 248 of 882 Exhibit Q written consent of Buyer. No provision of this Guaranty confers, nor is any provision intended to confer, upon any third party (other than Buyer’s successors and permitted assigns) any benefit or right enforceable at the option of that third party. This Guaranty embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings of the parties hereto, verbal or written, relating to the subject matter hereof. If any provision of this Guaranty is determined to be illegal or unenforceable (i) such provision shall be deemed restated in accordance with applicable Laws to reflect, as nearly as possible, the original intention of the parties hereto and (ii) such determination shall not affect any other provision of this Guaranty and all other provisions shall remain in full force and effect. This Guaranty may be executed in any number of separate counterparts, each of which when so executed shall be deemed an original, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. This Guaranty may be executed and delivered by electronic means with the same force and effect as if the same was a fully executed and delivered original manual counterpart. [Signature on next page] IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be duly executed and delivered by its duly authorized representative on the date first above written. GUARANTOR: [_______] By:______________________________ Printed Name:__________________ Title:____________________________ BUYER: [_______] By:______________________________ Printed Name:__________________ Title:____________________________ By:______________________________ Printed Name:__________________ Title:____________________________ Page 249 of 882 4 2 6 6 BUYERS' F A C I L I T Y AGENT AGREEMENT (related to the Power Purchase Agreement for the Golden Fields Solar Facility) AMONG CITY OF MORENO VALLEY (as "Buyers' Agent") AND CITY OF RANCHO CUCAMONGA AND EASTSIDE POWER AUTHORITY (together, as ''Limited Buyers") Dated as of _______________ ("Effective Date") ATTACHMENT 2ATTACHMENT 2Page 250 of 882 4 2 6 6 BUYERS' FACILITY AGENT AGREEMENT This BUYERS' FACILITY AGENT AGREEMENT (''Agreement"), dated as of _______________ 202_, is being entered into by and among the CITY OF MORENO VALLEY, a California municipal corporation organized under the laws of the State of California ("Moreno Valley"), as "Buyers' Agent," and the CITY OF RANCHO CUCAMONGA, a California municipal corporation organized and existing under the laws of the State of California ("Rancho Cucamonga"), and the EASTSIDE POWER AUTHORITY, a joint powers authority and a public entity organized under the laws of the State of California ("Eastside"). Collectively, Rancho Cucamonga and Eastside shall be referred to herein as "Limited Buyers." This Agreement relates to the administration of duties with respect to the "Buyers' Facility Agent" in the certain POWER PURCHASE AGREEMENTS of the respective Parties, relating to the Golden Fields Solar IV Facility (“GF Agreement"). Each Buyer Agent and Buyer is referred to individually in this Agreement as a “Party” and together as the "Parties." RECITALS A.Capitalized terms in this Agreement shall have the meanings given to such terms (i) in the GF Agreement or (ii) in the body of this Agreement (as first identified in parentheses and underscored font). B.In connection with the development and acquisition of their respective long-term renewable energy generation resources, the Buyers have identified a 10 MW solar photovoltaic facility ("Facility") to be developed by Golden Fields Solar IV LLC, a subsidiary of Clearway Energy ("Seller"). C.The Buyers have participated in negotiations for and have entered into the GF Agreement with Seller for the development of the Facility and the sale of Products from the Facility. D.The GF Agreement includes provisions for Moreno Valley to act as Buyers' Agent, on its own behalf and for and on behalf of Eastside and Rancho Cucamonga in certain circumstances, as expressly provided in the GF Agreement. E.Each of the Buyers intends by this Agreement to provide the manner and means to coordinate the exercise of certain of the Buyers' rights and activities with respect to the GF Agreement and to authorize Moreno Valley, acting as the Buyers' Agent, to provide such approvals, determinations, responses and other actions under the GF Agreement on behalf of the Buyers in order to carry out the applicable terms thereof and realize the related benefits thereunder. Page 251 of 882 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 EFFECTIVE DATE; TERM 1.1 Effective Date. This Agreement shall be effective as of the date on which all Parties have executed this Agreement and the GF Agreement is effective (“Effective Date''). Buyers' Agent shall confirm its acknowledgement of the Effective Date by electronic mail to the Limited Buyers as soon as reasonably practicable following the Effective Date, providing as attachments to such electronic mail transmittal electronic copies of (i) the cover page of this Agreement and (ii) a conformed copy of this Agreement. 1.2 Term. The term of this Agreement shall commence on the Effective Date and continue coterminous with the GF Agreement. ARTICLE 2 APPOINTMENT OF BUYERS' AGENT; RELATIONSHIPS 2.1 Appointment and Acceptance. Subject to the terms and conditions of this Agreement, the Limited Buyers hereby appoint and authorize Moreno Valley to act as the Buyers' Agent on behalf of Buyers. The Limited Buyers acknowledge and agree that, by this appointment, Buyers' Agent has the power and authority to take such actions, grant such consents, and bind Buyers with respect to the matters provided for in the GF Agreement, subject to the processes described in this Agreement. Moreno Valley hereby accepts the appointment as Buyers' Agent and agrees to act as Buyers' Agent for and on behalf of the Limited Buyers as well as on its own behalf, all as provided in this Agreement. 2.2 Limitation on Appointment. Notwithstanding any provision to the contrary in this Agreement, Buyers' Agent shall not have any authority, duties or responsibilities except those expressly set forth herein and in the GF Agreement, and those duties and responsibilities reasonably incidental thereto. No fiduciary function, responsibility, duty, obligation or liability shall be read into this Agreement or otherwise exist against Buyers' Agent. The duties of Buyers' Agent are and shall be ministerial and administrative in nature and Buyers' Agent shall not, by reason of this Agreement or actions taken under this Agreement, be a trustee or fiduciary for the Limited Buyers. 2.3 Reliance by Buvers' Agent. Buyers' Agent shall be entitled to rely upon, and shall be fully protected in relying upon, (a) any notice, consent, certificate, affidavit, letter, fax, statement, order or other document believed by it to be genuine and correct and to have been signed, sent or made by the proper person or persons and (b) advice and statements of legal counsel and other experts selected by Buyers' Agent. Buyers' Agent may seek the advice, concurrence or prior indemnification from the Limited Buyers concerning any matters of judgment or discretion. Buyers' Agent shall be justified in failing or refusing to take any action Page 252 of 882 3 unless Buyers' Agent shall first receive such advice, concurrence or assurance of the Limited Buyers (or an individual Limited Buyer, as the case may be), as Buyers' Agent shall reasonably determine to be necessary. 2.4 Non-Reliance on Buvers' Agent. The Limited Buyers each expressly acknowledge that Buyers' Agent has not made any representations or warranties to the Limited Buyers and that no action hereafter taken by Buyers' Agent shall be deemed to constitute a representation or warranty by Buyers' Agent. Each Limited Buyer represents to Buyers Agent and the other Limited Buyers that it has, independently and without reliance upon Buyers' Agent or any of the other Limited Buyers, and based on such documents and information as each Limited Buyer has deemed appropriate, made its own appraisal of and investigation into the GF Agreement and made its own decision to enter into this Agreement. Each Buyer also covenants that it will, independently and without reliance upon Buyers' Agent, continue to make its own decisions in taking or not taking action under this Agreement, and to make such investigation as it deems necessary to inform itself as to matters under the GF Agreement. ARTICLE 3 BUYERS' AGENT'S DUTIES 3.1 General.Under the GF Agreement. Buyers' Agent is specified as the Buyer that shall receive notices from Seller, provide responses to certain action by the Seller and issue various approvals and determinations. Buyers' Agent's duties shall be classified under two categories: (a) administrative, which principally relates to the distribution and processing of notices and information under the GF Agreement (as further described in Section 3.2) and (b) material, which principally relates to the exercise of Buyers' material rights and activities with respect to the GF Agreement (as further described in Section 3.3). Additionally, Buyers' Agent shall be responsible for taking certain additional action that may be necessary or convenient to matters related to the GF Agreement (as further described in Section 3.4). 3.2 Administrative Actions. Unless an action is considered a Material Action, as described in Section 3.3, Buyers' Agent shall perform the actions required of a Buyers' Agent in the GF Agreement in a manner that Buyers' Agent believes to be reasonable, and without advance input from or notice to the Limited Buyers. For all such administrative actions, Buyers' Agent shall provide reasonably prompt notice to the Limited Buyers of action taken by Buyers' Agent or information received from Seller, as the case may be. 3.3 Material Actions. The following actions, and no other actions under the GF Agreement, shall constitute "Material Actions" and shall require direction from the Material Actions Committee, as defined and described in Article 4, in order for Buyers' Agent to perform such actions: (a)Setting and approval of the Floor Price. (b)Approval of Scheduled Maintenance schedules, and related actions. (c)Approval of any lien on any portion of the Facility or any other property or assets that are related to the operation, maintenance and use of the Facility. Page 253 of 882 4 (d)Approval of the equation relating to Deemed Delivered Energy. (e)Negotiation and agreement of the Facility Lender consent. (f)Consent to any Change of Control. (t) Determination as to whether Seller will defend Buyer Indemnified Parties from legal action. (g)Approval of a different condition or use of the Facility following damage or destruction of the Facility. (h)Consent to Seller's actions with respect to condemnation or other taking of the Facility. (i)Notification to Seller as to whether to pursue or cancel their respective right of first offer. 3.4 Additional Actions. Buyers' Agent shall take the following actions that may be necessary or convenient to matters related to the GF Agreement: (a)Buyers' Agent shall provide the MAC and MAC Representatives (as such terms are defined and described in Article 4) information that may be useful to the MAC's decision with respect to a Material Action, including studies, material or services. (b)Buyers' Agent shall furnish any other reasonable assistance, service or information related to a matter under the GF Agreement, as reasonably requested by the MAC or a MAC Representative. 3.5 Delegation of Duties. Buyers' Agent may execute any of its duties under this Agreement by or through independent contractors, representatives, agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Buyers' Agent shall not be responsible for the negligence or misconduct of any independent contractors, representatives, agents or attorneys-in-fact selected by it; provided, however, Buyers' Agent shall use commercially reasonable care to ensure that such third-party providers (a) maintain errors and omission and liability insurance in a form and amount reasonably appropriate for the services provided and (b) indemnify the Limited Buyers for liability or costs incurred by the Limited Buyers as a result of negligent action or inaction by the third-party provider. The Limited Buyers shall be subrogated to all claims of Buyers' Agent against such independent contractors, representatives, agents or attorneys-in-fact. Page 254 of 882 ARTICLE 4 MATERIAL ACTIONS COMMITTEE 4.1 Establishment and Authorization of Material Actions Committee. The Material Actions Committee ("'MAC") is hereby established and authorized to act on behalf of each of the Buyers for the purposes of (a) providing coordination among the Buyers in carrying out certain collective actions related to Material Actions and (b) providing the manner and means for achieving agreement among the Buyers with respect to such collective actions. 4.2 MAC Representatives. The MAC shall consist of a single representative ("MAC Representative'") from each of the Buyers. Each of the Buyers shall, within thirty (30) days of the Effective Date of this Agreement, give notice to the other Buyers of its MAC Representative. An alternate MAC Representative may be appointed to act on behalf of any MAC Representative by similar written notice. An alternate MAC Representative may attend all meetings of the MAC but may vote only if the MAC Representative for whom the alternate serves is absent. 4.3 Voting Shares; Effective Vote. The voting share associated with each MAC Representative shall correspond to the Buyers' Percentage of Facility Output, as follows: Moreno Valley (60%); Rancho Cucamonga (30%); and Eastside (10%). Unless all of the Buyers shall determine otherwise, actions of the MAC shall require the affirmative vote of MAC Representatives having a voting share equal to or greater than seventy percent (70%). Each of the Buyers agrees that the vote of the MAC Committee with respect to a Material Action shall be determinative as to such matter and shall constitute the agreement of the Buyers as to such matter for purposes of the GF Agreement. 4.4 Chairperson; Quorum. Unless all of the Buyers shall determine otherwise, the Chairperson of the MAC shall be Moreno Valley's MAC Representative, or the alternate thereto. The Chairperson shall be responsible for calling and presiding over meetings of the MAC. For the purpose of conducting meetings, a quorum shall exist so long as MAC Representatives having a voting share equal to or greater than seventy percent (70%) are present. The conducting of MAC meetings, including voting at such meetings, may be by assembled meeting or by telephone or video conferencing, or by any combination thereof, to the extent permitted by law. 4.5 Use of Administrative Exhibits. Buyers' Agent may use exhibits to confirm or implement provisions of this Agreement or the GF Agreement. The Parties intend that such exhibits shall be ministerial or administrative in nature, and shall not affect a material right or obligation under this Agreement or the GF Agreement. Exhibits may be added to this Agreement, and modified or deleted, by an affirmative vote of MAC Representatives having a voting share equal to or greater than seventy percent (70%). Upon such affirmative vote, the exhibit shall become an integrated part of this Agreement. Buyers' Agent shall provide notice to the Buyers of the addition, modification or deletion of any exhibit. The then-current list of exhibits shall be contained in Exhibit A to this Agreement, as may be modified from time to time. In the event of any conflict between this document and any exhibit, the terms and provisions of this document, as may be amended from time to time, shall control. In the event of any conflict between or among the exhibits, the exhibit of latest date shall control. 4.6 Floor Price. Buyers’ Agent shall upon five days (5) notice to the Limited Buyers, adjust the Floor Price under the GF Agreement in its discretion. Any Limited Buyer may request that the floor price adjustment be subject to a vote of the MAC under Section 4.3. 5 Page 255 of 882 6 ARTICLE 5 SUCCESSOR BUYERS' AGENT Subject to the terms of this Article 5 and the GF Agreement, Buyers' Agent may resign as Buyers' Agent upon no less than ninety (90) days' advance written notice to the Limited Buyers. Upon receipt of Buyers' Agent's notice, the Buyers shall work cooperatively and in good faith to appoint a successor Buyers' Agent. The Buyers may appoint another Buyer to act as successor Buyers' Agent upon satisfaction of the following conditions: (a) the Buyer agrees to assume Buyers' Agent's responsibilities and (b) the Buyer has been approved by MAC Representatives having a voting share equal to or greater than seventy percent (70%). Until such appointment is made, the Buyers shall act reasonably in appointing a new Buyers' Agent, and when necessary, the Buyers' Agent shall be the Buyer with the largest applicable MW share of the Facility. ARTICLE6 COSTS 6.1 General. All reasonable and customary expenses, including, without limitation, reasonable attorneys' fees and legal expenses, incurred by Buyers' Agent in the performance of its duties hereunder shall be allocated to and paid by the Buyers, including Moreno Valley, based on each Buyers' Percentage of Facility Output, which presently is as follows: Moreno Valley (60%); Rancho Cucamonga (30%); and Eastside (10%). As requested by Limited Buyers from time to time, Buyers' Agent shall provide an estimate of future expenses. 6.2 Pavment and Audit. From time to time, and at such times as Buyers' Agent shall determine (not more frequently than monthly), Buyers' Agent shall submit to each Buyer a request and requisition for payment by such Buyer of its proportionate share of expenses under this Agreement. Each Buyer shall pay or cause to be paid the amount of such request and requisition within thirty (30) days after receipt thereof. If a Party fails to pay any such request or requisition when due, interest shall accrue, to the extent permitted by law, at a rate equal to the Interest Rate as defined in the GF Agreement until payment is made. At such reasonable times as shall be requested by a Buyer, the books and cost records of Buyers' Agent relevant to expenses under this Agreement shall be subject to audit by such Buyer, at such Buyer's sole cost and expense. ARTICLE 7 LIABILITY 7.1 Exculpatory Provision. Buyers' Agent shall not be (a) liable for any action lawfully taken or omitted to be taken by Buyers' Agent under or in connection with this Agreement, except for Buyers' Agent's gross negligence or willful misconduct or (b) responsible in any manner for (i) warranties made by Seller in the GF Agreement or in any certificate, report, statement or other document referred to or received by Buyers' Agent under or in connection with the GF Agreement ("Seller Statements"), (ii) the validity, effectiveness, Page 256 of 882 7 genuineness, enforceability, priority or sufficiency of the Seller Statements, or (iii) any failure of Seller to perform its obligations under the GF Agreement. 7.2 Modifying or Explanatory Provisions. (a)The exculpatory provision set forth in Section 7.1 shall apply to all types of claims or actions including, but not limited to, claims or actions based on contract or tort. (b)Except as expressly stated in the GF Agreement or this Agreement, Buyers' Agent shall not be under any obligation to ascertain or to inquire as to the observance or performance of Seller's obligations under the GF Agreement, or to inspect the books or records of Seller. (c)For the avoidance of doubt, a Party may protect and enforce its rights under this Agreement by a suit or suits in equity for specific performance of any obligation or duty of any other Party and Buyers' Agent may enforce by any legal means its right to payment for costs incurred under this Agreement. (d)The rights, obligations and liabilities of Moreno Valley, as Buyers' Agent under this Agreement and the GF Agreement shall not apply to or otherwise be affected by, and shall be deemed and interpreted to be legally separate from, the rights, obligations and liabilities of Moreno Valley as a Buyer under this Agreement and the GF Agreement. 7.3 Allocation of Liabilitv. Excluding liability or cost associated with the gross negligence or willful misconduct by Buyers' Agent, which shall be solely the responsibility of Buyers' Agent, all liability or cost under this Agreement, including liability or cost associated with Buyers' Agent performance of duties under this Agreement, shall be allocated in accordance with each Buyers' Percentage of Facility Output. ARTICLES DISPUTES 8.1 Dispute or Claim. Any action, claim or dispute that any Party may have against another Party or Parties arising out of this Agreement ("Dispute") shall be submitted in writing to the other Parties. The written submission of any Dispute shall include a concise statement of the question or issue in dispute together with a statement listing the relevant facts and documents that support the claim. 8.2 Good Faith Resolution; Informal Negotiation. The Parties agree to cooperate in good faith to attempt to achieve an expeditious resolution of such a Dispute. Pending resolution of such Dispute, unless otherwise provided for under this Agreement, the Parties shall proceed diligently with the performance of their respective obligations pursuant to the terms of this Agreement. Prior to initiating litigation, as described in Section 8.3, the Parties shall first attempt in good faith to resolve any Dispute through settlement discussions among the MAC Representatives. Page 257 of 882 8 8.3 Litigation Rights. Subject to Section 8.2, if the Parties are unable to satisfactorily resolve the Dispute within thirty (30) days from the receipt of notice of the Dispute, subject to any extensions of time as may be mutually agreed upon in writing, a Party may initiate litigation in a court of law with jurisdiction located in Riverside County, California, which shall be the exclusive venue to litigate disputes. 8.4 No Attornevs Fees. If any action is brought at law or in equity in any court or through any alternative mutually agreeable dispute resolution process to enforce any provision of this Agreement, or for damages by reason of any alleged breach of this Agreement, the Parties mutually agree that each Party to this Agreement shall bear its own attorneys fees and costs. ARTICLE 9 MISCELANEOUS 9.1 Incorporation of the GF Agreement. By this reference, the GF Agreement is specifically incorporated herein and made a part hereof. 9.2 Entire Agreement. Subject to Section 4.5 and Section 9.1, this Agreement contains all representations and the entire understanding among the Parties with respect to the duties and functions of the Buyers' Agent. No other representations are intended or shall be implied. Any prior contemporaneous correspondence, memoranda, or agreements, whether oral or written, which are in conflict with this Agreement are intended to be replaced in total by this Agreement. 9.3 Governing Law. This Agreement was made and entered into in the State of California and shall be governed by, interpreted and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. 9.4 Representation. The Parties acknowledge that each Party was represented by counsel in the negotiation and execution of this Agreement, and any uncertainty or ambiguity in this Agreement shall not be interpreted against a Party on the basis that the Party drafted the language, but shall be interpreted according to the application of the rules on interpretation of contracts. 9.5 Notice. Notices provided under this Agreement, including administrative notices that relate to the distribution and processing of information under the GF Agreement (as further described in Section 3.2), shall be in writing and sent via electronic mail (return receipt requested, if necessary or advisable) to the persons specified below: Moreno Valley Attention: Jason Niccoli and Dean Ayer Email: jasonn@moval.org and deana@moval.org Page 258 of 882 9 Eastside Power Authoritv Attention: Cori Bradley Email: cori@eastsidepa.org Rancho Cucamonga Attention: Fred Lyn Email: fred.lyn@cityofrc.us By written notice given to the other Parties, a Party may change the name or electronic mail address of its representative, or may add additional recipients to whom notices under this Agreement should be provided. 9.6 Severability. In case any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of each of the Parties that such illegality or invalidity shall not affect any other provision, but rather that this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained, unless a court holds that the provisions are not separable from all other provisions of this Agreement. 9.7 Amendments. The Parties acknowledge and agree that any amendment to this Agreement shall be in writing and duly executed by the Parties. Page 259 of 882 10 ARTICLE 10 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have duly caused this Agreement to be executed by their duly authorized representatives. CITY OF MORENO VALLEY CITY OF RANCHO CUCAMONGA By: Name: Title: Date: By: Name: Title: Date: EASTSIDE POWER AUTHORITY By: Name: Title: Date: EE Page 260 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Ray Casey, Interim Public Works Services Director Richard Favela, Jr., Streets, Storm Drain and Fleet Superintendent Kenneth Fung, Associate Engineer SUBJECT:Consideration to Accept the Concrete Rehabilitation Project FY 22-23 as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Accept the Concrete Rehabilitation Project FY 22-23, Contract No. 2023-098, as complete. 2. Approve the final contract amount of $531,703.00. 3. Authorize the release of the Faithful Performance Bond. 4. Authorize the release of the Labor and Materials Bond in the amount of $471,295.00, six months after the recordation of said notice if no claims have been received. 5. Authorize the Public Works Services Director to file a Notice of Completion and release of the retention in the amount of $26,585.15, 35 days after acceptance. BACKGROUND: The Concrete Rehabilitation Project FY 22-23 scope of work consisted of the removal and replacement of the existing PCC sidewalks, curbs and gutters and drive approaches that were damaged or uplifted by nearby tree roots along with other related items of work as shown on the project plans. The project area is east of Haven Avenue between Lemon Avenue and Banyan Street along with various parks and paseos in Landscape Maintenance Districts (LMDs) 2 and 4R. Pertinent information of the project is as follows: Budgeted Amount:$583,720.00 Publish Dates for Local Paper:April 25, 2023 and May 2, 2023 Bid Opening:May 16, 2023 Contract Award Date:June 7, 2023 Low Bidder:CT&T Concrete Paving, Inc. Contract Amount: $471,295.00 Contingency: $112,425.00 Final Contract Amount: $531,703.00 Difference in Contract Amount: $60,408.00 (12.8 %) Page 261 of 882 Page 2 2 1 6 3 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director. The net increase in the total cost of the project is a result of the removal and replacement of additional tree root damaged sections of concrete. After start of work, it was discovered that tree roots had damaged / uplifted adjacent sections of sidewalk, curb and gutter and/or drive approaches. For safety reasons, these adjacent sections were also removed and replaced. FISCAL IMPACT: Adequate funds were included in the Fiscal Year 2022/2023 adopted budget for this project in account numbers 1001318-5650 (Street Maintenance), 1177303-5650 (Measure I), 1131303- 5300 (LMD 2) and 1134303-5300 (LMD 4R). COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: By removing and replacing damaged sidewalks, curbs and gutters, and drive approaches, the concrete Rehabilitation Project FY 22-23 provides continuous improvement and a nurturing and high quality of life for all. ATTACHMENTS: Attachment 1 – Notice of Completion Page 262 of 882 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91730 Exempt from recording fees pursuant to Govt. Code Sec. 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1.The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of Contract No. 2023-098 2.The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730. 3.On December 20, 2023, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: Concrete Rehabilitation Project FY 22-23 Removal and replacement of tree root damaged sidewalks, curb and gutter, and drive approaches plus related work 4.The name of the original contractor for the work of improvement as a whole was: CT&T Concrete Paving, Inc. 5.The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Multiple neighborhoods, parks and paseo located within the northwest quadrant of the City Rancho Cucamonga, CA 91730 No APN’s because repair/replacement work was done within public right-of-way. CITY OF RANCHO CUCAMONGA, a Municipal Corporation, Owner I hereby certify under penalty of perjury that the foregoing is true and correct. DATE Executed in the City of Rancho Cucamonga, California Ray Casey Interim Public Works Services Director ATTACHMENT 1 Page 263 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Julie A. Sowles, Deputy City Manager-Civic and Cultural Services Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration to Adopt City Resolution No. 2023-124 and Fire Board Resolution No. FD 2023-040 to Update Staff Signature Authority Limits. (RESOLUTION NO. 2023-124 AND RESOLUTION NO. FD 2023-040) (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Fire Board adopt City Resolution No. 2023-124 and Fire Board Resolution FD 2023-040 to update staff signature authority limits. BACKGROUND: In 1987, the City Council adopted Ordinance No. 328 establishing purchasing policies, procedures, and authority limits for the City of Rancho Cucamonga. On November 11, 2006, the City Council approved Resolution 87-602B updating staff signature authority limits. The update established the City Manager’s signature authority limit as $100,000, except for Public Works Contracts where his/her authority level is $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. Recent negative economic effects related to a rapid rise in inflation including lower purchasing power, higher interest rates, and slower economic growth combined with compromised supply chains created during the COVID-19 pandemic, have resulted in constraints to the procurement process. These constraints are impeding staff’s ability to efficiently procure goods and oftentimes impact the City’s ability to provide services in a timely manner. Updating the signature authority limits to align with today’s prices will allow staff to more efficiently move through the procurement workflow expediting the City’s ability to obtain goods or services while continuing to conduct the procurement process in a fair and equitable manner, mitigating risk, and gaining the best value for the City. ANALYSIS: Revising signature authority limits will better position the City to efficiently procure goods and services by decreasing the number of purchases requiring signatures from City Council or the City Manager. Increased authority limits will allow the City to return to pre-COVID purchasing practices by realigning purchasing powers with the current price of goods, moving the procurement of day-to-day goods and services back into staff workflows and away from City Council procurement workflows. City staff procurement workflows are more efficient as they occur during regular business days rather than being limited to City Council’s twice a month meeting schedule. Page 264 of 882 Page 2 2 1 5 4 The U.S. Bureau of Labor Statistics calculates the Consumer Price Index (CPI). This index is a measure of the average change over time in the prices paid by consumers for a market basket of consumer goods and services. Using the Bureau’s CPI Inflation Calculator staff determined that the purchasing power of $100,000 in November of 2006 equates to $152,750 today. Staff recommends updating the City Manager’s signature limit from $100,000 to $150,000 to mitigate the erosion of purchasing power that has occurred over the past 17 years. The following table details the position titles, current signature limits, and proposed revised signature limits. Title Current - Up to limit Proposed - Up to limit City Manager $100,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. $150,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. Assistant City Manager $75,000 $110,000 Deputy City Manager $75,000 $95,000 Directors $50,000 $75,000 In addition, rather than assigning other delegates lower levels of signature authority by resolution, the City Manager will have the discretion to designate which staff members have what limits below his/her authority. Any City Manager delegated limits will be documented and reviewed and updated on a regular basis, as needed. The continuation of this practice will allow signature authorities to be easily updated as titles and positions change in the organization, while maintaining the same level of expenditure control. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Approving the proposed signature authority limits supports the City Council’s Core Values of the relentless pursuit of improvement and intentionally embracing and anticipating our future. ATTACHMENTS: Attachment 1 – City Resolution Attachment 2 – Fire Board Resolution Page 265 of 882 Resolution No. 2023- XXX - Page 1 of 2 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE SIGNING AUTHORITY LIMITS AND ESTABLISHING UPDATED AUTHORITY LIMITS FOR CITY PERSONNEL WHEREAS, Pursuant to the authority provided by Health and Safety Code Section 33125, the City of Rancho Cucamonga Procurement System, as set forth in Chapter 3.08 of the Rancho Cucamonga Municipal Code, hereby designated and incorporated by reference herein, as the procurement system applicable to the City of Rancho Cucamonga, subject to the following modifications: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, hereby resolves: Section 1. This resolution supersedes all previous applicable resolutions. Section 2. For the purpose of establishing Staff Signature Authority Limits, this Board does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this ______ day of ______ 2023. ATTACHMENT 1 Page 266 of 882 Resolution No. 2023- XXX - Page 2 of 2 Exhibit A PROCUREMENT SIGNING AUTHORITY LIMITS Staff Signing Authority Limits Title Current - Up to limit Proposed - Up to limit City Manager $100,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. $150,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. Assistant City Manager $75,000 $110,000 Deputy City Manager $75,000 $95,000 Directors $50,000 $75,000 In addition, rather than assigning other delegates lower levels of signature authority by resolution, the City Manager will have the discretion to designate which staff members have what limits below his/her authority. Any City Manager delegated limits will be documented and reviewed and updated on a regular basis, as needed. The continuation of this practice will allow signature authorities to be easily updated as titles and positions change in the organization, while maintaining the same level of expenditure control. Page 267 of 882 Resolution No. FD 2023-XXX - Page 1 of 2 4 2 4 0 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE SIGNING AUTHORITY LIMITS AND ESTABLISHING UPDATED AUTHORITY LIMITS FOR CITY PERSONNEL WHEREAS, Pursuant to the authority provided by Health and Safety Code Section 33125, the City of Rancho Cucamonga Procurement System, as set forth in Chapter 3.08 of the Rancho Cucamonga Municipal Code, hereby designated and incorporated by reference herein, as the procurement system applicable to the City of Rancho Cucamonga, subject to the following modifications: NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby resolves: Section 1. This resolution supersedes all previous applicable resolutions. Section 2. For the purpose of establishing Staff Signature Authority Limits, this Board does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this ______ day of ______ 2023. ATTACHMENT 2 Page 268 of 882 Resolution No. FD 2023-XXX - Page 2 of 2 4 2 4 0 Exhibit A PROCUREMENT SIGNING AUTHORITY LIMITS Staff Signing Authority Limits Title Current - Up to limit Proposed - Up to limit City Manager $100,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. $150,000 *Except Public Works Contracts, where signature authority will be $175,000 in accordance with the California Uniform Public Construction Cost Accounting Act. Assistant City Manager $75,000 $110,000 Deputy City Manager $75,000 $95,000 Directors $50,000 $75,000 In addition, rather than assigning other delegates lower levels of signature authority by resolution, the City Manager will have the discretion to designate which staff members have what limits below his/her authority. Any City Manager delegated limits will be documented and reviewed and updated on a regular basis, as needed. The continuation of this practice will allow signature authorities to be easily updated as titles and positions change in the organization, while maintaining the same level of expenditure control. Page 269 of 882 DATE:December 20, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Tamara L. Oatman, Finance Director SUBJECT:Consideration of a Resolution Delegating Authority to Request Disbursements from the CalPERS California Employers' Retiree Benefit Trust (CERBT) for the Rancho Cucamonga Fire Protection District's Retiree Healthcare Plan. (RESOLUTION NO. FD 2023-041) (FIRE) RECOMMENDATION: Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District adopt the attached Resolution delegating authority to request disbursements from the CalPERS California Employers' Retiree Benefit Trust (CERBT) for the Rancho Cucamonga Fire Protection District's retiree healthcare plan. BACKGROUND: In 1994, the Fire District created a two-tier medical insurance premium benefit for employees of the District. In summary, the District's Retiree Healthcare Plan covers all medical premiums for Tier 1 employees (those hired before November 17, 1994), while for Tier 2 employees (hired on or after this date), it contributes only the minimum required by the Public Employees' Medical & Hospital Care Act (PEMHCA). GASB Statement No. 75, changed the standards for reporting Other Post-Employment Benefits (OPEB) in state and local government financial statements by mandating accrual-based accounting for these post-retirment benefits, replacing the previous pay-as-you-go method. In relation to GASB Statement No. 75, both tiers of benefits are reported as liabilities, which are offset by the funds that the District has been contributing to an irrevocable trust, specifically the CalPERS' Employers' Retiree Benefit Trust Program. The funds in the CERBT are used to pay for the post-retirment benefits. The District's approach is to fully fund the benefits, including the Actuarially Determined Contributions (ADC) and consistent pre-funding efforts, which has led to a net OPEB asset in recent financial statements. The annual task of requesting trust disbursements for retiree medical expenses is overseen by the Finance Director and Senior Accountant, ensuring proper management and compliance with the GASB 75 requirements. Page 270 of 882 Page 2 2 1 7 2 ANALYSIS: When the District established the irrevocable trust with the CERBT, several documents were required to be completed. One of these documents was the Delegation of Authority to Request Disbursement, which was accomplished via Resolution No. FD 08-020. The positions included in the Resolution were the Finance Director and the Senior Accountant. Since that time, the Senior Accountant has been promoted to the position of Principal Accountant. In order to update the required documents with CERBT to reflect this change, the District must adopt a new resolution with the revised titles. The attached Resolution will update the delegation of authority to the positions of Finance Director, Deputy Director of Finance, Finance Manager, Principal Accountant, and Senior Accountant. The recommended positions include positions that are currently vacant or unfilled to prevent additional administrative work in the future. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council's Core Values of intentionally embracing and anticipating our future. ATTACHMENTS: Attachment 1 - Resolution No. FD 2023-041 Page 271 of 882 ATTACHMENT 1 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DELEGATING AUTHORITY TO REQUEST DISBURSEMENTS FROM THE CALPERS CALIFORNIA EMPLOYERS’ RETIREE BENEFIT TRUST (CERBT) FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT’S RETIREE HEALTHCARE PLAN WHEREAS, the Rancho Cucamonga Fire Protection District implemented Governmental Accounting Standards Board (GASB) Statement No. 45 for Fiscal Year 2008/09; and WHEREAS, the District must deposit all or a portion of its Unfunded Actuarial Accrued Liability (UAAL) into an irrevocable trust in order to reduce or eliminate the UAAL that is required to be disclosed in the District’s audited financial statements beginning in Fiscal Year 2008/09; and WHEREAS, the District selected the CalPERS California Employers’ Retiree Benefit Trust (CERBT) Program as the trustee for the District’s Retiree Healthcare Plan; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES, as follows: SECTION 1: The Board delegates to the incumbents in the positions of FINANCE DIRECTOR, DEPUTY DIRECTOR OF FINANCE, FINANCE MANAGER, PRINCIPAL ACCOUNTANT, and SENIOR ACCOUNTANT authority to request on behalf of the District disbursements from the Other Post Employment Prefunding Plan and to certify as to the purpose for which the disbursed funds will be used. SECTION 2: The Board hereby replaces and supersedes all prior delegations and rescinds Resolution No. FD 08-020. PASSED, APPROVED, AND ADOPTED this 20th day of December, 2023. Page 272 of 882 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, Deputy Director of Planning SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING NON-STOREFRONT MEDICAL CANNABIS RETAIL AS A USE PERMITTED WITH A MINOR USE PERMIT FOR PROPERTIES LOCATED IN PORTIONS OF THE NEO- INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE) ZONES, AMENDING CHAPTER 8.52 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE EXCEPTING CERTAIN NON- STOREFRONT MEDICAL CANNABIS RETAIL FROM THE PROHIBITION ON COMMERCIAL CANNABIS ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATORY AND OPERATIONAL RESTRICTIONS FOR SUCH A NON-STOREFRONT MEDICAL CANNABIS RETAILER, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Staff recommends that the City Council waive full reading and adopt Ordinance No. 1022. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of December 6, 2023. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler, Michael. ANALYSIS: Please refer to the December 6, 2023 City Council staff report. FISCAL IMPACT: Please refer to the December 6, 2023 City Council staff report. Page 273 of 882 Page 2 2 1 7 3 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Please refer to the December 6, 2023 City Council staff report. ATTACHMENTS: Attachment 1 - Ordinance No. 1022 Page 274 of 882 Ordinance 1022 Page 1 of 16 ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING NON- STOREFRONT MEDICAL CANNABIS RETAIL AS A USE PERMITTED WITH A MINOR USE PERMIT FOR PROPERTIES LOCATED IN PORTIONS OF THE NEO-INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE) ZONES, AMENDING CHAPTER 8.52 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE EXCEPTING CERTAIN NON-STOREFRONT MEDICAL CANNABIS RETAIL FROM THE PROHIBITION ON COMMERCIAL CANNABIS ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATORY AND OPERATIONAL RESTRICTIONS FOR SUCH A NON-STOREFRONT MEDICAL CANNABIS RETAILER, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I. Recitals. A. Chapters 8.52 and 17.94 and Table 17.30.030-1 of the City of Rancho Cucamonga (“City”) Municipal Code (“RCMC”) currently prohibit all commercial cannabis activity in the City, with limited exceptions to allow cannabis activity that the City is required to permit under state law. B. On October 9, 2015, Governor Brown signed Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 into law, which collectively were known as the Medical Cannabis Regulation and Safety Act (hereinafter “MCRSA”). The MCRSA established a State regulatory and licensing scheme for commercial medical cannabis businesses. C. On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”). The AUMA made it lawful under State and local law for persons 21 years of age or older to possess and cultivate limited quantities of cannabis for personal use. The AUMA also established a State regulatory and licensing scheme for commercial adult-use cannabis businesses. D. On June 27, 2017, the Governor signed into law Senate Bill 94, which repealed the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA, and created a single regulatory scheme for both medicinal and adult-use cannabis known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). The MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions control over whether cannabis businesses could operate in a particular jurisdiction. Specifically, California Business and Professions Code Section 26200 provides that the MAUCRSA shall not be interpreted to supersede or limit authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the MAUCRSA including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related Page 275 of 882 Ordinance 1022 Page 2 of 16 to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more businesses licensed by the State, within that local jurisdiction. E. On September 18, 2022, the Governor signed into law Senate Bill 1186 (“SB 1186”), which enacted Medicinal Cannabis Patients’ Right of Access Act. SB 1186 provides that a city cannot adopt or enforce regulations that prohibit the “retail sale by delivery” of medicinal cannabis. This includes any regulation that has the effect of prohibiting patients within the city or their caregivers from purchasing, by delivery, sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner. Examples of prohibited regulations include prohibiting retail sale by delivery of medicinal cannabis within the jurisdiction being conducted by a licensed non-storefront retailer. F. The City Council desires to establish reasonable zoning and land use regulations regarding the operation of non-storefront medical cannabis retailers that are intended to address the potential negative impacts of cannabis businesses on the community. II. Findings. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The businesses authorized under these proposed Development Code and Municipal Code text amendments are similar to already existing permitted general uses such as retail, with the only difference being the product sold or consumed (i.e., cannabis). This Ordinance does not change the zoning for any properties, meaning that they do not create negative environmental impacts or result in physical changes to the environment. Non-storefront medical cannabis retailers developed pursuant to this Ordinance would be independently reviewed and evaluated pursuant to CEQA. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. III. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The above recitals and findings are all true and correct and incorporated into this Ordinance by this reference. SECTION 2. Chapter 5.20 (Non-Storefront Medical Cannabis Retail) is hereby added to Title 5 (Business Taxes, Licenses and Regulations) to read as set forth below: “Chapter 5.20 NON-STOREFRONT MEDICAL CANNABIS RETAIL 5.20.010 Purpose. This chapter is intended to provide for the orderly regulation of non-storefront medical cannabis retail establishments in the interest of public health, safety, and welfare. Page 276 of 882 Ordinance 1022 Page 3 of 16 5.20.020 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section, unless it is apparent from the context that a different meaning was intended: Non-storefront medical cannabis retail means a retailer that sells medicinal cannabis or medicinal cannabis products, as those terms are defined in Business and Professions Code § 26001(ak)(1), as may be amended, to customers exclusively through delivery. A non-storefront medical cannabis retail has a permitted premises to store medicinal cannabis or medicinal cannabis for delivery, but the premises is not open to the public. A non-storefront medical cannabis retailer shall have a State License Type M-Type 9, Non- Storefront Retailer, limited to delivery services of medical cannabis or cannabis products only. 5.20.030 Permit required. It is unlawful for any person, firm, partnership, or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the operation of a non-storefront medical cannabis retail establishment without first having obtained a non-storefront medical cannabis retail regulatory permit, issued by the city pursuant to the provisions herein set forth. Said permit shall immediately be surrendered to the planning director upon suspension, revocation, or expiration of said permit. To engage in non-storefront medical cannabis retail activity allowed by this chapter, a person must also obtain all of the following: A. A minor use permit issued pursuant to section 17.16.120. Any permit that is issued under this chapter shall be void if a minor use permit is not issued by the director pursuant to section 17.16.120 of this code, within a year of issuance of the permit. A minor use permit granted pursuant to this chapter and section 17.16.120 shall not be transferable to another person or entity, and any attempted transfer shall be void. B. A business registration certificate issued pursuant to chapter 5.04; and C. A State license. 5.20.040 Permit application. A. To protect public health and safety, and to further ensure that non-storefront medical cannabis retail activity permitted by this chapter is in the public interest, the city hereby establishes procedures for determining the qualifications of persons allowed to obtain a permit. B. An owner of a non-storefront medical cannabis retail business may apply for a permit, on behalf of a non-storefront medical cannabis retail business, by filing an application with the city manager or their designee. A non-storefront medical cannabis retail business may only submit one (1) application. If a non-storefront medical cannabis retail business has multiple owners, only one (1) owner may submit an application on behalf of the non-storefront medical cannabis retail business, but all owners must be identified in the application. Page 277 of 882 Ordinance 1022 Page 4 of 16 C. No person shall knowingly make a false statement of fact or knowingly omit any information that is required in the permit application. D. Applications shall not be accepted or processed unless the applicant pays the nonrefundable application fee in the amount to be established by resolution of the city council. E. The application shall be on a form approved by the city manager and shall include, without limitation, the following: 1. A description of the statutory entity or business form that will serve as the legal structure for the non-storefront medical cannabis retail business; a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement; and the name and address of its agent for purposes of service of process; 2. A list of every fictitious business name the non-storefront medical cannabis retail business is operating under; 3. The legal name of the applicant; 4. If applicable, the business trade name (“DBA”) of the non-storefront medical cannabis retail business; 5. A list of the state licenses issued by any California licensing authority to the applicant, or any other owner of the non-storefront medical cannabis retail business, including the date the license was issued, the date the license will terminate and the licensing authority that issued the license; 6. Whether the applicant, or any owners of the non-storefront medical cannabis retail business, have been denied a state license or have had a state license suspended or revoked by any licensing authority. The applicant shall identify the type of state license applied for, the name of the licensing authority that denied the application, and the date of denial; 7. The non-storefront medical cannabis retail business’ employer identification number; 8. The physical address of any other premises owned or operated by the applicant involved in commercial cannabis activity operations, or any other owner of the non-storefront medical cannabis retail business, and a brief summary of the business operations at each premises; 9. A complete list of every owner of, or person with a financial interest in, the non-storefront medical cannabis retail business. Each individual named on this list shall submit the following information: a. Their full name; Page 278 of 882 Ordinance 1022 Page 5 of 16 b. Their title within the applicant entity, if applicable; c. Their date of birth and place of birth; d. Their social security number or individual taxpayer identification number; e. Their mailing address; f. Their home, business, or mobile telephone number and email address; g. Their current employer; h. Their percentage of ownership interest held in the applicant entity, or other financial interest held in the applicant entity; i. Whether the individual has an ownership or a financial interest in any other non-storefront medical cannabis retail business licensed by a state licensing authority; j. A copy of the individual’s government-issued identification that includes the name, date of birth, physical description and picture of the owner or person with a financial interest in the non-storefront medical cannabis retail business; k. If applicable, a copy of any certificate of rehabilitation issued under Penal Code § 4852.01 or dismissal issued pursuant to Penal Code § 1203.4 or 1203.41; l. If applicable, a detailed description of any suspension or revocation of a cannabis related license or sanctions for unlicensed or unlawful cannabis activity by a state or local governmental agency against the applicant, or any of its owners or persons with a financial interest in the cannabis business; and m. Pursuant to California Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes, and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every owner or person with a financial interest in the cannabis business must submit fingerprints and other information deemed necessary by the police chief, or his or her designee(s), for a background check by the police department. A fee for the cost of the background investigation, which shall be the actual cost to the city to conduct the background investigation as it deems necessary and appropriate, including city staff time and costs, shall be paid at the time the person submits for the background check. Page 279 of 882 Ordinance 1022 Page 6 of 16 10. The proposed hours of operation; 11. Authorization and consent for city staff and the police chief to seek verification of the information contained within the application; 12. A safety and security plan; 13. Attestation to the following statement: Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact, whether intentional or not, is cause for rejection of this application, denial of the permit, or revocation of a permit issued; 14. Evidence that the non-storefront medical cannabis retail business will be compliant with the location restrictions set forth in Business and Professions Code § 26054(b) and the zoning restrictions set forth in section 17.102.080 of this code; 15. If the applicant is the landowner upon which the premises is located, a copy of the title or deed to the property; 16. If the applicant is leasing the premises where the non-storefront medical cannabis retail business will be conducted, a written, notarized statement from the owner of the property where the non-storefront medical cannabis retail business will operate evidencing unqualified consent to the applicant operating a non- storefront medical cannabis retail business on the property. The statement must specify the street address (unless the property is a vacant lot to be developed) and assessor’s parcel number for the premises. The statement shall also contain the name, business address, email address and telephone number of the property owner(s) (whether business entity or individual); 17. A premises diagram; and 18. Proof of a state license. G. Nothing in this section is intended to limit the city manager’s ability to request additional information the city manager deems necessary or relevant to determining a non- storefront medical cannabis retail business’ suitability for a permit. An applicant shall provide any additional information requested by the city manager no later than seven (7) days after the request, unless otherwise specified by the city manager. H. The city manager is hereby authorized to waive any application requirement, as long as the waiver is uniformly applied to all applicants. 5.20.050 Permit expiration and renewal. A permit that is issued pursuant to this chapter is valid for a term of one (1) year from the date of issuance. Renewal terms shall not exceed one (1) year. A permit shall expire one (1) year following its issuance. All non-storefront medical cannabis activity shall cease upon expiration of the permit unless and until the permit is renewed or a new permit is issued. Issuance of a non-storefront medical cannabis retail regulatory permit does not create a land use entitlement. Page 280 of 882 Ordinance 1022 Page 7 of 16 5.20.060 Operational and maintenance standards. A. Non-storefront, delivery-only medical cannabis retail operations must obtain and maintain a valid minor use permit pursuant to the provisions in section 17.16.120 and comply with all conditions of approval at all times. B. Medical Cannabis, Delivery Only. Non-storefront, delivery-only medical cannabis retail operations licensed pursuant to this chapter may engage only in the sale and delivery of medical cannabis and medical cannabis products to customers and qualified patients and their caregivers. C. Fees. All non-storefront, delivery-only medical cannabis retail operations must pay all applicable fees as established by resolution of the city council in order to commence and continue operations. 5.20.070 Inspection. The city, including the police department shall, from time to time and during any hour in which a non-storefront medical cannabis retailer is open for business, make an administrative inspection of each non-storefront medical cannabis retailer for the purpose of determining compliance with this chapter. 5.20.080 Additional regulations. In addition to any regulations adopted by the city council, the city manager is authorized to establish any additional rules, regulations, and standards governing the issuance, denial, or renewal of non-storefront medical cannabis retail permits, the ongoing operation of non-storefront medical cannabis retail businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter. Regulations promulgated by the city manager shall become effective upon date of publication. 5.20.090 Retailer lottery. A. As set forth in section 17.102.080, there is a limit on the number of non-storefront medical cannabis retailers that can operate in the city. At no point shall the number of non-storefront medical cannabis retailers in the city exceed the number of retailers allowed under section 17.102.080. B. City staff shall establish and conduct a lottery for determining which non-storefront medical cannabis retailer will (1) be issued a permit and (2) be eligible to apply for a minor use permit pursuant to the provisions of sections 17.16.120 and 17.102.080 of this code. C. The city manager is authorized to establish the procedures that will be followed in conducting the lottery, and the steps to be included in a schedule that will be prepared for the receipt and review of permit applications for retailers. The city manager is further authorized to make any necessary changes to the lottery procedures and steps to be included in the schedule as they deem appropriate for its implementation. 5.20.100 Decision on lottery and permit. Page 281 of 882 Ordinance 1022 Page 8 of 16 A. The city manager, in consultation with the police chief, shall evaluate all completed non-storefront medical cannabis retailer applications that are submitted by the application deadline and determine whether the applicant can participate in the lottery. The applicant shall be ineligible to participate in the lottery if the city manager determines that one (1) or more of the following conditions exist: 1. The applicant has not paid all fees required for consideration of the application; 2. The application is incomplete, filed late, or is otherwise not responsive to the requirements of this chapter; 3. The application contains a false or misleading statement or omission of a material fact; 4. The applicant, or any owner or person with a financial interest in the non- storefront medical cannabis retail business, is not at least twenty-one (21) years old; 5. The applicant, or any owner or person with a financial interest in the non- storefront medical cannabis retail business, has been denied a license or other authorization to engage in commercial cannabis activity by a state licensing or permitting authority, for any reason other than the fact that the applicant was not selected for a limited number of licenses or permits, but would have otherwise qualified to obtain the license or permit; 6. The applicant, or any owner or person with a financial interest in the non- storefront medical cannabis retail business, is employed by the police department or the city’s community development department; 7. The applicant, or any owners or persons with a financial interest in the non- storefront medical cannabis retailer, has been convicted of: a. A serious or violent felony conviction, as specified in Penal Code § 667.5(c) or § 1192.7(c); b. A felony conviction involving fraud, deceit, or embezzlement; c. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; 8. A felony conviction for drug trafficking with enhancements pursuant to Health and Safety Code §§ 11370.4 or 11379.8; 9. The applicant, or any owners or persons with a financial interest in the non- storefront medical cannabis retailer, has had a judgment entered against them for unpermitted commercial cannabis activity in violation of any city zoning ordinance enacted under zoning law; Page 282 of 882 Ordinance 1022 Page 9 of 16 10. The operation of the non-storefront medical cannabis retailer, as described in its application, would fail to comply with any provision of this code, or any state law or regulation; and/or 11. Operation of the non-storefront medical cannabis retailer in the manner proposed poses a threat to the public health, safety or welfare, or violates any provision of this chapter. B. If none of the above-referenced conditions exist, the city manager, or their designee, shall notify the applicant that the applicant is eligible to participate in the lottery. If any of the above-referenced conditions exist, the city manager shall notify the applicant that the applicant has been denied the opportunity to participate in the lottery. Any notice of denial shall set forth the reasons of denial and advise the applicant of the right to contest the denial pursuant to the procedures set forth in section 5.20.110. C. If a non-storefront medical cannabis retailer is selected in the lottery to obtain a permit, the retailer shall have 90 days from the date of the notice to the retailer that they are eligible to obtain a permit to provide documentation to the city manager showing the following: 1. If the applicant is leasing the premises where the non-storefront medical cannabis retail business will be conducted, a copy of the rental or lease agreement shall be provided; 2. A copy of the applicant’s application with the State Department of Cannabis Control to operate a non-storefront medical cannabis retailer in the city; 3. Evidence that the non-storefront medical cannabis retailer will be compliant with the location restrictions set forth in Business and Professions Code § 26054(b) and the zoning restrictions set forth in section 17.102.080 of this code. Any evidence that was submitted at the time of the application shall be updated to ensure that the retailer is still compliant with this provision; and 4. Background check results for all employees, managers, and agents of the non-storefront medical cannabis retail business. Any employee, manager, or agent of the non-storefront medical cannabis retail business that has been convicted of a disqualifying crime, shall not be permitted to work for the non- storefront medical cannabis retail business, without first obtaining a waiver from the city manager, after consultation with the police chief. D. If the non-storefront medical cannabis retailer fails to provide the information set forth in subsection (C) above within the 90 day period, or does not meet the location or zoning restrictions set forth in section 17.102.080, the non-storefront medical cannabis retailer shall not be issued a permit. G. The facility approved by the initial permit shall be open for business within six months from the date when both the minor use permit, if applicable, and the non-storefront medical cannabis retailer regulatory permit have been approved unless a different opening date is described in the conditions of approval for the permit or the city manager, for good cause, grants in writing an extension of the opening date prior to opening date. Page 283 of 882 Ordinance 1022 Page 10 of 16 5.20.110 Appeals. A. Lottery appeals. If a non-storefront medical cannabis retailer applicant is denied the opportunity to participate in the lottery due to the applicant’s failure to submit a complete application by the required deadline, failure to satisfy the criteria for issuance of a permit, or for any other reason, the applicant may appeal this decision in writing. The written appeal shall be filed with the city clerk within ten days of the issuance and mailing of the written decision by the city manager on the application accompanied by the appeal fee as adopted by resolution of the city council. The appeal shall be conducted in accordance with subsection C. After the deadline to appeal has passed, the decision to deny the non-storefront medical cannabis retailer the opportunity to participate in the lottery shall be deemed final, and may no longer be appealed. In the event an appeal of the city manager’s decision to allow a non-storefront medical cannabis retailer applicant to participate in a lottery is timely filed, the lottery shall not be conducted until the appeal is heard and decided. B. Appeals related to issuance of non-storefront medical cannabis retailer regulatory permit. An applicant that seeks to operate a non-storefront medical cannabis retail business in the city, may appeal the city manager’s decision not to issue the cannabis business a permit in writing pursuant to the provisions of subsection C. The written appeal shall be filed with the city clerk within 15 days of the issuance and mailing of the written decision by the city manager on the permit accompanied by the appeal fee as adopted by resolution of the city council. After the deadline to appeal has passed, the decision to deny the issuance of a permit shall be deemed final, and may no longer be appealed. A non-storefront medical cannabis retailer may only appeal the city manager’s decision to deny the applicant a permit if the non-storefront medical cannabis retailer participated in the lottery. C. A written request for an appeal under this section shall be filed with the city clerk pursuant to the deadlines noted above and all such requests shall contain the following information: 1. The name and address of the applicant; 2. The date of the decision in question; 3. The reasons for the appeal; and 4. The grounds relied upon for relief. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten days prior to the date set for the hearing. The notice may also designate certain records that the applicant is required to produce at the time of the hearing. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The city council may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the city council may, by resolution Page 284 of 882 Ordinance 1022 Page 11 of 16 with findings, approve, reverse, or modify the decision of the city manager and such decision of the city council shall be final. 5.20.120 Limitation on city’s liability. A. To the fullest extent permitted by law, the city does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any non-storefront medical cannabis retailer approved under to this chapter. B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following: 1. Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the non-storefront medical cannabis retail business, issuance of a permit to a non-storefront medical cannabis retail business, or the prosecution of the non-storefront medical cannabis retail business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; 2. Maintain insurance in the amounts and of the types that are acceptable to the city manager or designee; and 3 Reimburse the city for all costs and expenses, including, without limitation, legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city’s approval of a minor use permit or non-storefront medical cannabis retail regulatory permit or related to the city’s approval of non-storefront medical cannabis retail activity. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder. 5.20.130 Violations. A. It is the duty of the city manager, planning director, police chief, or their designees, to enforce the rules and regulations in accordance with this chapter. B. Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this chapter as criminal, civil, and/or administrative actions. C. Any person who violates the provisions of this chapter may be subject to administrative fines in an amount not to exceed $1,000.00, or such other amount as may be permitted under California Government Code § 36901. In addition to the recovery of administrative fines, the city may recover its costs and expenses incurred in enforcing a violation of this chapter. An order to pay administrative fines and costs may be appealed pursuant to section 1.12.210 of this code. E. Notwithstanding any other provision of this chapter, a non-storefront medical cannabis retail permit may not be issued, renewed, or amended unless and until due and unpaid citations are paid in full. 5.20.140 Nuisance. Page 285 of 882 Ordinance 1022 Page 12 of 16 A. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance. B. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause for injunctive relief. C. Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person. All remedies provided herein shall be cumulative and not exclusive.” SECTION 3. The definition of “commercial cannabis activity” in Section 8.52.010 (Definitions) of Chapter 8.52 (Cannabis Prohibitions and Regulations) of Title 8 (Health and Safety) is hereby amended to read as follows: “Commercial cannabis activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. Commercial cannabis activity also does not include the possession, storing, delivery or sale of cannabis by a non-storefront medical cannabis retailer as defined in section 5.20.020 of chapter 5.20 of this code.” SECTION 4. Section 8.52.030 (Exceptions) of Chapter 8.52 (Cannabis Prohibitions and Regulations) of Title 8 (Health and Safety) is hereby amended to add a new subsection “D” to read as set forth below with the remainder of the section to remain unchanged: “D. Nothing in this chapter shall prohibit the establishment of one physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a non-storefront medical cannabis retail use. A non-storefront medical cannabis retail use shall be permitted with a minor use permit subject to the requirements set forth in section 17.102.080 and a non-storefront medical cannabis retail regulatory permit subject to the requirements set forth in chapter 5.20. A non-storefront medical cannabis retailer may deliver medical cannabis within the jurisdictional limits of the city.” SECTION 5. Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Page 286 of 882 Ordinance 1022 Page 13 of 16 Standards) of Title 17 (Development Code) is hereby amended to add “non-storefront medical cannabis retail” as a “Permitted with a Minor Use Permit” use subject to section 17.102.080 in the Neo-Industrial (NI) and Industrial Employment (IE) zones. The “non-storefront medical cannabis retail” use shall be “Not Permitted” in all other zones. SECTION 6. Subsection (E)(12) of Section 17.32.020 (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) is hereby amended to read as follows: “12. Commercial cannabis activity. Any location providing for the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code § 11362.765. Commercial cannabis activity also does not include the possession, storing, delivery or sale of cannabis by a non-storefront medical cannabis retailer as defined in section 5.20.020 of chapter 5.20 of this code.” SECTION 7. Subsections (E)(22) through (E)(28) of Section 17.32.020 (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) are hereby renumbered to (E)(23) through (E)(29), respectively. SECTION 8. A new Subsection (E)(22) is hereby added to Section 17.32.020 (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) to read as follows: “22. Non-storefront medical cannabis retail. A retailer as defined in section 5.20.020 of chapter 5.20 of this code.” SECTION 9. Section 17.94.040 (Exceptions) of Chapter 17.94 (Commercial Cannabis Uses and Cultivation) of Article V (Specific Use Requirements) of Title 17 (Development Code) is hereby amended to add a new subsection “D” to read as set forth below with the remainder of the section to remain unchanged: “D. Nothing in this chapter shall prohibit the establishment of one physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a non-storefront medical cannabis retail use. A non-storefront medical cannabis retail use shall be permitted with a minor use permit subject to the requirements set forth in section 17.102.080 and a non-storefront medical cannabis retail regulatory permit subject to the Page 287 of 882 Ordinance 1022 Page 14 of 16 requirements set forth in chapter 5.20. A non-storefront medical cannabis retailer may deliver medical cannabis within the jurisdictional limits of the city.” SECTION 10. Section 17.102.080 (Non-storefront Medical Cannabis Retail) is hereby added to Chapter 17.102 (Special Regulated Uses) of Article V (Specific Use Regulations) of Title 17 (Development Code) to read as set forth below: “17.102.080 Non-storefront medical cannabis retail. A. Applicability. The development standards of this section shall apply to non- storefront medical cannabis retail facilities. “Non-storefront medical cannabis retail” means a retailer that sells medicinal cannabis or medicinal cannabis products, as those terms are defined in Business and Professions Code § 26001(ak)(1), as may be amended, to customers exclusively through delivery. A non-storefront medical cannabis retail has a permitted premises to store medicinal cannabis or medicinal cannabis for delivery, but the premises is not open to the public. A non-storefront medical cannabis retailer shall have a State License Type M-Type 9, Non-Storefront Retailer, limited to delivery services of medical cannabis or cannabis products only. B. Limit on retailers. No more than one non-storefront medical cannabis retail use shall be allowed in the city. C. Permitted with minor use permit. The non-storefront medical cannabis retail use shall be permitted upon issuance of a minor use permit, subject to section 17.16.120, in the Neo-Industrial (NI) and Industrial Employment (IE) zones, pursuant to Table 17.30.030-1 of section 17.30.030 of this code, except that a non-storefront medical cannabis retail use is not permitted west of Haven Avenue. D. Minimum proximity requirements. Non-storefront medical cannabis retail facilities shall not be located closer than 600 feet from a school or daycare facility (public or private) or any other sensitive use listed in Business and Professions Code § 26054(b), 1,000 feet from any existing residential dwelling, church or similar place of worship, park or playground, recreational facility, hospital, public buildings (e.g., city hall, county offices, courthouse, libraries, etc.), or 1,000 feet from the right-of-way on Haven Avenue, Miliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway. E. Measurement of distance. The distance between a non-storefront medical cannabis retail facility and a use listed in subsection D shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the use is located, to the property line of the parcel on which the structure, or portion of the structure, in which the use occurs or is located. F. Operational restrictions. Non-storefront medical cannabis retailers shall be subject to the requirements of chapter 5.20 of this code.” SECTION 11. The definition of “commercial cannabis activity” in Section 17.148.020 (Definitions) of Chapter 17.148 (Cannabis Definitions) of Article IX (Glossary) of Title 17 (Development Code) is hereby amended to read as follows: Page 288 of 882 Ordinance 1022 Page 15 of 16 “Commercial cannabis activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code § 11362.765. Commercial cannabis activity also does not include the possession, storing, delivery or sale of cannabis by a non-storefront medical cannabis retailer as defined in section 5.20.020 of chapter 5.20 of this code.” SECTION 12. Section 17.148.020 (Definitions) of Chapter 17.148 (Cannabis Definitions) of Article IX (Glossary) of Title 17 (Development Code) is hereby amended to add the following definition of “non-storefront medical cannabis retail” in alphabetical order: “Non-storefront medical cannabis retail shall have the meaning set forth in section 5.20.020 of chapter 5.20 of this code.” SECTION 13. Nothing in this Ordinance shall be construed to limit or otherwise affect the ability of the City to adopt or enforce any regulations on commercial cannabis operations, other than non-storefront, delivery-only medical cannabis retailers in the City as required pursuant to Business and Professions Code Section 26322. Except as expressly amended in this Ordinance, the City’s prohibition on commercial cannabis activities and uses in Chapters 8.52 and 17.94 and Table 17.30.030-1 of the RCMC remain in full force and effect. SECTION 14. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 15. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. Page 289 of 882 Ordinance 1022 Page 16 of 16 SECTION 16. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this _____ day of ______________, 2023. _____________________________________ L. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _____ day of _______________, 2023, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2023, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST:______________________________ City Clerk Page 290 of 882 1 2 1 3 1 DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY: Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A, Deputy Director of Planning SUBJECT:Public Hearing for Consideration of Resolution No. 2023-125, Adopting a Master Plan for the Epicenter Area, to Articulate a Vision for Enhanced Uses and Activity and Implement Development Standards for the City-Owned Parcels Commonly Known as the Epicenter Sports Complex, Consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, Associated Parking Lots and a City-Owned Vacant Lot at the Northwest Corner of Rochester and Arrow. No Privately Owned Parcels are Subject to This Proposed Plan. APN’s 229-012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72. An Addendum to the General Plan Program Environmental Impact Report (SCH No. 2021050261) Has Been Prepared for this Project. (RESOLUTION NO. 2023-125) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2023-125, adopting a Master Plan for the Epicenter Area. BACKGROUND: On December 15, 2021, the City Council adopted the updated General Plan for the City of Rancho Cucamonga. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addressed issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The General Plan advances the City’s vision for a sustainable, resilient, equitable and healthy community. The General Plan establishes a Downtown Focus Area plan (page 102) which envisions and illustrates the potential of the area around Victoria Gardens and the Epicenter Sports Complex to become the “real downtown” of Rancho Cucamonga. Specifically, the General Plan envisions this Epicenter area as a fun, active district which serves as a destination for recreation, entertainment, and gathering. In 2022, the City undertook preparation of the Epicenter Master Plan to implement this key portion of the Downtown Focus Area plan. The Epicenter Master Plan is not only intended to accelerate the vision for the “real downtown” of Rancho Cucamonga but to also address two important challenges: 1) there is not enough community activity throughout each day and each season of the year at the Epicenter, and 2) there is not enough revenue to cover what the City spends maintaining the 56-acre holdings in the plan area. Therefore, this Master Plan Page 291 of 882 2 2 1 3 1 will guide new public and private investment and development in the plan area to ensure they enhance and expand the range of community-serving activities and amenities and that they generate sufficient revenue to support those resources, rather than privatizing important public amenities. Overall, the Epicenter Master Plan lays out the vision for the area, development and improvement strategies for the near-term and long-term, development and land use regulations, and an implementation playbook. ANALYSIS: The Vision: The vision and goals for the Master Plan area are in direct alignment with those of the General Plan: Creating a vibrant, walkable area supported by a mix of active uses that is connected by multimodal transportation options. The Master Plan organizes the area into several walkable blocks, defined and interconnected by a network of streets oriented to pedestrians and bicyclists while also accommodating for significant amounts of vehicular traffic and parking. Establishing the block network and pedestrian-priority areas creates the framework to evolve the area from its current condition of isolated sports facilities surrounded by surface parking lots to an active, well-connected sports and entertainment district. As shown in the conceptual site plan below, each block offers opportunity sites for new commercial and mixed-use development. Retail, food and beverage, and entertainment uses on the ground floors and new hotels, offices, and other supportive uses on upper floors of mixed-use buildings are key priorities in creating a district with a sense of place. These uses can be supported by structured parking for visitors, tenants, customers, and for the ballpark and Sports Center. With significant amounts of new housing and office space planned along Foothill Boulevard less than a half-mile to the north, it is a priority of the Master Plan to provide multimodal connections to this new housing and to nearby businesses through bike trail improvements and connections to nearby public transit. Phased and Shared Parking Strategy: In its current condition, the Epicenter Sports Complex contains a robust supply of parking. The amount of parking easily accommodates the busiest events of the year, as shown in the parking inventory below. When planning for new development, particularly development that enhances the pedestrian experience, some existing parking lots will need to be displaced, and the parking demands of the district will need to be met through more efficient and creative means than a sea of surface parking. The Master Plan provides four Page 292 of 882 3 2 1 3 1 strategies for managing the parking supply in the interim while planning for future development such as utilizing nearby vacant and under-utilized land for overflow surface parking, creating a shared parking structure to free up valuable land within the heart of the Plan Area, and negotiating with neighbor properties to share available parking spaces. The goal is to provide sufficient parking for all visitors with efficient management strategies to ensure the presence of automobiles and parking spaces do not erode the pedestrian experience. Focus Area Concepts: The Master Plan establishes two focus areas within its Plan Area based on current usage patterns and opportunities for growth. The Focus Areas are distinguished as “Focus Area North” (#1) and “Focus Area South” (#2), as shown below. The Master Plan outlines near-term action items for both Focus Areas while also establish longer-term visions for both. Page 293 of 882 4 2 1 3 1 Focus Area North Focus Area North (1) contains the gateway to the Stadium, softball fields, and the Sports Center, at the intersection of Rochester Avenue and Stadium Way. This Focus Area is intended to serve as the central hub of activity with the existing green space (referred to as the Epicenter Green) at the corner of Rochester Avenue and Stadium Way being improved and oriented as a significant destination. The presence of several surface parking lots provides a canvas to accommodate new development and associated activities. The Master Plan proposes seven specific near-term action items to serve as catalysts for future investment and development. The seven action items are listed and summarized below: 1. Improve the Epicenter Green: Create a flexible open space utilizing furniture and play equipment along with a central stage to anchor the space and accommodate live performances and other events. In addition, create a small corner building to support operational services such as ticketing offices to serve as the gateway to the Green along with shade structures, improved sidewalks, and improvements to the existing beer garden. 2. Introduce Promenades: Create the first phase of a promenade and sidewalk network to pedestrianize the district and establish the public realm. Promenades will eventually connect the Epicenter and softball fields to the Sports Center and the multi-use path within the adjacent Southern California Edison (SCE) property. 3. Tactical Activation: Install structures such as tents, shipping containers, and food trucks to allow for flexible food, beverages, and retail uses to line the promenade during events or throughout the year. When successful, these uses can remain as-is or they can become housed in more permanent spaces within development in the future. 4. Improve the Beer Garden: Enhance the existing space to serve as a dining and drinking terrace which overlooks and engages the promenade, Stadium Way, and Epicenter Green and establish it as an activity hub outside of game days. Improvements include shade structures, planted trellises, string lights, and trees. 5. Connect to Sebastian Way: Create the first phase of an eventual direct connection to Sebastian Way to the North. An improved sidewalk and street or a new shared multi-modal path could provide a flow of new customers for the existing business in the buildings fronting on Sebastian Way while also eventually providing a walkable/bikeable connection for new residents along Foothill Boulevard. Page 294 of 882 5 2 1 3 1 6. Manage Parking: Identify and establish overflow surface parking areas on nearby vacant and underutilized land to support the initial phases of development. While the near-term action items described above are intended to catalyze more activity around the focus area, the Master Plan also includes a section on longer-term visions for both focus areas. These vision statements focus on how the existing parking lots can be developed and how the improved public realm can support more commercial uses and programming, especially the uses that were successful in the near-term. The longer-term vision statements are summarized below: 1. Leverage the Stadium’s Value: Utilize the stadium as a year-round asset that can host a multitude of events outside of the baseball season such as concerts. 2. Activate Frontages Line the Public Realm: Ensure that the streets and open spaces of the Focus Area be lined with active ground floors that bring life to the public realm. Primary active frontages include shops and restaurants while secondary active frontages can include a wider range of uses. 3. Compatible Supporting Uses: Attract uses such as hotels and offices to support the area daily and establish new businesses and connections that can be made to nearby housing. 4. Shared Structured Parking Supply: Establish shared, structured parking to minimize the footprint occupied by parking within the district and to ensure efficient parking management. Focus Area South Focus Area South (2) features more existing uses compared to Focus Area North and therefore, minimal change is anticipated in the near term. The Area currently contains the Animal Center, a vacant lot reserved for future Animal Center expansion and sports facilities. The Master Plan offers the following action items for near term change: 1. Strategies for the Future Animal Center Lot: These include accommodating an interim animal-related use on a lease that would expire when the Animal Center is expected to be expanded or for temporary overflow parking in support of interim uses and new activity in Focus Area North. 2. Support Existing Uses: Support the current sports-related uses and the Animal Center as they are part of the longer-term vision for the area. The longer-term vision for Focus Area South depends heavily on the expansion of the active environment envisioned for Focus Area North. The Master Plan offers the following longer-term vision statements listed below: 1. Animal Center Expansion: Establish a new facility on the vacant lot that includes public education and training programs, as well as an animal adoption program. The form of the facility would take a similar approach as other new developments in containing an inviting entry and an overall design that contributes to the public realm. 2. Animal-Related Uses: Collaboration between the Animal Center and other organizations or businesses on programing and shared event space, such as a dog park. 3. Sports-Anchored Uses: Attract businesses such as food and beverage establishments which utilize sports as a main attraction, like Top Golf. 4. Shared Structured Parking: Utilize the existing surface parking lot site as a shared parking structure which could accommodate ground-floor retail or be easily adapted for other uses in the future. Development Regulations: Chapter 3 of the Master Plan establishes development regulations that implement the vision for the Master Plan Area. The development regulations include a regulating plan, development standards, street standards, and allowed uses. The Master Plan is the guiding regulatory document for the Epicenter Master Plan Area. Page 295 of 882 6 2 1 3 1 Development Standards The Master Plan provides standards, which are either in addition to or supersede the Corridor 2 (CO2) standards within the Development Code. The standards specific to the Master Plan Area are listed below: 1. Connections: Requiring pedestrian and vehicular connections to be made within the Master Plan area and to the Master Plan area from adjacent streets and properties. The Regulating Plan establishes eight specific locations for connections, some include specific dimensional standards while other are left without dimensions for flexible application. 2. Building Placement: Buildings shall be placed according to the table below. Like the standards within Article VIII (Form-Based Code) of the Development Code, buildings are required to be placed within a Private Frontage Area with a minimum Buildout Percentage along the frontages and parking lots to be located behind buildings. The standards are provided in the diagram and table below: 3. Frontage: The building entrance, building façade, and design of the private frontage area are subject to the applicable standards for the Corridor 2 (CO2) zone found within Article VIII of the Development Code. 4. Parking & Vehicular Access: Requires adequate provisions for traffic circulation, parking, and pedestrian safety be provided to the satisfaction of the Planning Director and the City Engineer. Proof of adequate parking may be required at the discretion of the Planning Director. 5. Facades: Requires specific sites, per the Regulating Plan, to include ‘Corner Treatments’ such as a corner tower, dome, or parapet element on prominent corners as well as enhanced transparency along the ground floors to form a prominent entry. Also included are standards for screening along the Page 296 of 882 7 2 1 3 1 adjacent property line of the electrical substation property and façade breaks for vehicular access into buildings. The development standards in the Master Plan and Article VIII (Form-Based Code) serve as the tool for implementing the vision for the Area in creating a walkable, vibrant area with a multitude of amenities that create a local and regional destination. Street Design Standards The Master Plan provides standards for all new vehicular connections and improvements to existing streets within the Plan Area. All vehicular street rights-of-way shall contain the following elements of the public realm: Roadway, Landscape/Amenity Area, and Pedestrian Way. These standards align with the goals and policies of the General Plan, the guidance of the Placemaking Toolkit, and the right-of-way standards within Article VIII (Form-Based Code). The Master Plan provides the diagram and table below for the regulating standards: In addition, the Master Plan provides examples of interior street sections as well as Stadium Way for how the right-of-way elements and their requisite standards should apply to create walkable streets that also accommodate for vehicular traffic. Allowed Uses The Master Plan establishes the land uses allowed for any new development within the Plan Area. The provided land use table overrides the Land Use Standards in Chapter 17.136 of the Development Code. Notably, Article V (Specific Use Requirements), Chapter 17.32 (Allowed Use Descriptions), and regulations in Section 17.30.020 (Classifications of Land uses) of the Development Code still apply to the Master Plan development regulations. In addition, the Master Plan categorizes the permit requirements in the same manner as the Development Code. For all uses requiring a Minor (MUP) or Conditional (CUP) Use Permit, specific conditions have been included that apply to developments only within the Master Plan Area. Seven specific conditions relate to a variety of topics such as ensuring ground floors are transparent and properly utilized, mitigation of potential public nuisances and noxious odors, and ensuring that ground floor uses adhere to the active frontage standards and align with the vision of the Plan Area. The table of allowed uses utilizes the existing uses and use categories from the Development Code to create a table of allowed uses tailored to the vision of the Master Plan Area. The use categories most represented Page 297 of 882 8 2 1 3 1 within the table are “Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses”, “Service and Office Uses”, and “Retail Uses”, among others. Any proposed use in the Master Plan area would still be required to follow the procedures identified in Article II (Land Use and Development Procedures) of the Development Code. Implementation Playbook: The final chapter of the Epicenter Master Plan provides a working tool – or “playbook” – for evaluating the impacts and desired timing of the near-term and longer-time action items discussed above. The Playbook contains a spreadsheet which identifies the benefits, challenges, potential locations, key strategies, financial impact, parking impact, priority/timing, and the people draw associated with the various concepts being proposed. The spreadsheet also includes a ‘visual scorecard’ analyzes potential impacts of the concepts using a color-coded system. The intent is to enable the user to analyze, simulations, multiple considerations and trade-offs at a glance. Generally, the playbook evaluates the development concepts, improvement concepts, programming and operations, and the existing uses discussed throughout the document. Similar to the General Plan Placemaking Toolkit, the playbook provides a helpful resource for guiding the decisions related funding and implementation without making definitive determinations, leaving room for flexibility in fulfilling the vision of the Master Plan. Planning Commission: On November 8, 2023, the Planning Commission conducted an advertised public hearing on this item. No public comments were received. The Commission was pleased with the concepts introduced in the Master Plan to provide more activity at the Epicenter and better connect the Epicenter and Sports Center properties into a more cohesive activity center for the community. The Commission unanimously adopted Planning Commission Resolution 23-27 recommending City Council adopt the Epicenter Master Plan. Environmental Review: In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Epicenter Master Plan against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum for the Epicenter Master Plan. Unlike an EIR, an Addendum is not required to be circulated for public review. FISCAL IMPACT: The adoption of this Master Plan will further facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity. COUNCIL GOAL(S) ADDRESSED: These amendments address multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more. Page 298 of 882 9 2 1 3 1 ATTACHMENTS: Attachment 1 – Addendum to the Rancho Cucamonga General Plan EIR Attachment 2 – Planning Commission Resolution Recommending Adoption of the Plan Attachment 3 – City Council Resolution, including Draft Epicenter Master Plan Page 299 of 882 November 2023 | Addendum to the Rancho Cucamonga General Plan EIR State Clearinghouse No. 2021050261 Epicenter Master Plan City of Rancho Cucamonga Prepared for: City of Rancho Cucamonga Contact: Sean McPherson, AICP, Principal Planner 10500 Civic Center Drive Rancho Cucamonga, California 91730 909.774.4307 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Principal Planner 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com Attachment 1Page 300 of 882 Page 301 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA Table of Contents November 2023 Page i Section Page 1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ............................................................... 1 1.1 BACKGROUND, PURPOSE, AND SCOPE ................................................................................................ 1 1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION ........................................................................ 3 1.3 ENVIRONMENTAL SETTING .................................................................................................................... 6 1.4 PROJECT DESCRIPTION ............................................................................................................................ 11 2. FINDINGS ...................................................................................................................................... 22 List of Figures Figure Page Figure 1 Local and Regional Location ............................................................................................................... 7 Figure 2 Aerial Photograph ................................................................................................................................. 9 Figure 3 Focus Area Map .................................................................................................................................. 13 Figure 4 Short Term Proposed Focus Area North ....................................................................................... 15 Figure 5 Long Term Proposed Focus Area North ....................................................................................... 17 Figure 6 Short Term Proposed Focus Area South ........................................................................................ 19 Figure 7 Long Term Proposed Focus Area South ........................................................................................ 21 Figure 8 General Plan Focus Area Map .......................................................................................................... 25 List of Tables Table Page Table 1 General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project ................................................................................................................................... 4 APPENDICES Appendix A Rancho Cucamonga General Plan EIR MMRP Page 302 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN C ITY OF RANCHO CUCAMONGA Table of Contents Page ii PlaceWorks This page was intentionally left blank. Page 303 of 882 November 2023 Page 1 1. Addendum to the Adopted General Plan EIR 1.1 BACKGROUND, PURPOSE, AND SCOPE This addendum to the General Plan Environmental Impact Report (EIR), certified in December 2021 (State Clearinghouse Number 2021050261), demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions exist as described in the California Environmental Quality Act (CEQA) Guidelines, Section 15162, so preparation of a subsequent EIR or negative declaration is not necessary. 1.1.1 Purpose of an EIR Addendum According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions in Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations): When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Page 304 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 2 PlaceWorks (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would not trigger any of the conditions in Sections 15162(a)(1) to (3) because the changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the General Plan EIR. The following analysis provides the substantial evidence required by Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the project. As stated in CEQA Guidelines Section 15164, Addendum to an EIR: (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. As demonstrated in Section 2 of this Addendum, the proposed project would not result in impacts that differ from the approved project, and it would not trigger the need for preparation of a subsequent or supplemental EIR under the criteria in Sections 15162(a) and 15163(a). The proposed project is consistent with the general plan. The impacts of the proposed project are within the levels and types of environmental impacts disclosed in the General Plan EIR. 1.1.2 Scope and Analysis for this Addendum The proposed project would not propose growth beyond what was evaluated under the General Plan EIR or change the buildout evaluated under the approved project, and no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 2021 EIR that would indicate new significant impacts or substantially increase the severity of significant impacts previously identified. The background environmental conditions have not significantly changed since the certification of the 2021 EIR. The City of Page 305 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR November 2023 Page 3 Rancho Cucamonga has received no information indicating a substantial change in any circumstances that would result in a new or substantially greater significant impact. In addition, no information that was not known and could not have been known at the time of the 2021 Certified EIR preparation has been revealed that shows new or substantially greater significant impacts would result (see CEQA Guidelines Section 15162[a][3]). There are no new or different mitigation measures that would substantially reduce one or more significant impacts of the approved project but that are not adopted. The proposed project does not identify or require adoption of any further mitigation measures beyond those provided in the 2021 Certified EIR. Since this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary (CEQA Guidelines Section 15164[c]). However, the Rancho Cucamonga City Council will consider this Addendum at a public meeting prior to the adoption of the Epicenter Master Plan (CEQA Guidelines Section 15164[d]). If the Rancho Cucamonga City Council approves this Addendum, it shall be required to make findings by way of a resolution, including a finding that this Addendum provides the basis and substantial evidence for the decision not to prepare a subsequent or supplemental EIR (CEQA Guidelines Section 15164[e]). 1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION This Addendum relies on environmental analysis in the 2021 Draft EIR and 2021 Final EIR, collectively referred to in this Addendum as the 2021 Certified EIR. In accordance with CEQA Guidelines Sections 15148 and 15150, this Addendum incorporates the 2021 Certified EIR (and its constituent parts) by reference. A summary of the 2021 Certified EIR and how it relates to this Addendum is provided below. All documents incorporated by reference are available for review on the City’s website: https://www.cityofrc.us/GeneralPlan or in person at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 1.2.1 2021 Draft EIR for the Rancho Cucamonga General Plan Update The General Plan EIR found that with the implementation of policies and actions from the General Plan and standard conditions of approval identified in the EIR, there would be less than significant impacts related to aesthetics, energy, geology and soils, greenhouse gas emissions, hazardous materials, hydrology/water quality, land use/planning, mineral resources, population/housing, public services, recreation, tribal cultural resources, utilities and services, and wildfire. Table 1, General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project, lists the significant and unavoidable impact determinations of the General Plan EIR and compares the resulting impacts of the proposed project to those determinations. The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to agriculture/forestry resources, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation. As described below, the proposed project would be within the scope of analysis of the General Plan update identified in the EIR. The proposed project would incorporate all applicable standard conditions of approval for significant and unavoidable impacts identified in Table 1 and would not create a new significant impact or a substantial increase in the severity of previously identified effects. Page 306 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 4 PlaceWorks Table 1 General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Agriculture and Forest Resources Impact 5.2-1: The proposed project would convert Farmland to non- agricultural uses but would not result in the conversion of forest land to non-forest uses. [Thresholds AG-1 and AG-5] The proposed project would improve and expand existing parkland in the City of Rancho Cucamonga. The project site is currently used as park space and does not have agricultural uses. The proposed project would not have an effect on agricultural land because the project site does not include agricultural uses and there are none adjacent to the site. The proposed project would not have an effect on forest lands because there are no lands that qualify as forest or timberland. Air Quality Impact 5.3-2: The proposed project would cause construction-generated criteria air pollutant or precursor emissions to exceed South Coast AQMD-recommended thresholds. [Threshold AQ-2] Impact 5.3-3: The proposed project would result in a net increase in long- term operational criteria air pollutant and precursor emissions that exceed South Coast AQMD-recommended thresholds. [Threshold AQ- 2] Impact 5.3-5: The proposed project would expose sensitive receptors to substantial increases in toxic air contaminant emissions. [Threshold AQ- 3] The Epicenter Master Plan would accommodate future development of recreational uses and commercial uses. The future development and other physical changes that could result from Epicenter Master Plan implementation would generate construction-related emissions of criteria air pollutants and precursors. The levels of emissions would be difficult to determine for the construction phasing and intensity. The implementation of the Epicenter Master Plan could result in exposure of sensitive receptors due to construction-related toxic air contaminants. However, the future development would be in various areas, so no one receptor would be exposed to operation levels for long periods of time. Biological Resources Impact 5.4-1: Buildout of the proposed Land Use Plan would impact sensitive plant and animal species known to occur in the City of Rancho Cucamonga. [Threshold B-1] Buildout of the city in accordance with the Epicenter Master Plan could impact special status vegetation or special status wildlife in the city. The city’s environment may change over time, making it possible for other vegetation communities to become sensitive, and/or other species may be listed in the future. The General Plan Resource Conservation Element identifies policies to reduce impacts to the city’s biological resources. However, the Epicenter Master Plan Area is already a built-out park area surrounded by industrial uses. Therefore, it is unlikely that the proposed project would impact sensitive species. Cultural Resources Impact 5.5-1: Buildout of the City of Rancho Cucamonga General Plan could impact historic resources. [Thresholds C-1] Future development under the proposed Epicenter Master Plan could adversely impact some of these historic resources. However, before any development or redevelopment projects can occur in the city, all such projects are required to be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. Therefore, adoption of the Epicenter Master Plan would not lead to demolition or material alteration of any of these historic resources. Greenhouse Gas Emissions Impact 5.8-4: The proposed project would be inconsistent with the State’s ability to achieve the long-term reduction goals or Executive Orders S-3-05, B-30-15, and B-55-18. [Threshold GHG-2] Page 307 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR November 2023 Page 5 Table 1 General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Noise Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the future development under the General Plan. [Threshold N-1] Impact 5.13-2: Project implementation could generate a substantial permanent increase in traffic noise levels at noise-sensitive land uses in excess local standards. [Threshold N-2] Impact 5.13-4: Expose new sensitive land uses to noise levels in excess of the noise compatibility standards identified in 2040 General Plan Noise Element Table N-1. [Threshold N-4] Impact 5.13-5: Future development under the General Plan could generate short-term construction vibration or exposure to new sensitive land uses to long-term operational vibration sources that exceed City thresholds. [Threshold N-5] Future developments under the 2040 General Plan would occur over the span of 20 years and would generate temporary noise level increases from individual construction sites. Because there are no specific plans or time scales for individual future development projects, it is currently not possible to determine site-specific construction noise levels. Traffic noise modeling was conducted for existing (2021) and future (2040) conditions using traffic data generated for the 2040 General Plan, which was based on anticipated land use development contemplated under buildout conditions through 2040. Future project-specific components and details of all development under General Plan implementation cannot be known at this time New development associated with the 2040 General Plan could potentially be near existing roadways and existing or future planned railroads. Thus, because specific land use development details are unknown, including land use type and exposure levels, it cannot be guaranteed that noise levels would always be achievable. Implementation of standard conditions of approval 5.13-5b and 5.13-5c require project-specific vibration analyses to evaluate vibration exposure from nearby transit sources and potential vibration impacts from new transit projects. However, because exact rail locations and technologies are unknown, including specific receptor type and proximity to transit, it cannot be determined whether new development would achieve acceptable vibration levels. Transportation Impact 5.17-2: The project may be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) regarding policies to reduce VMT. [Threshold B-2] Although the analysis shows that the SBTAM model predicts VMT per service population to decrease in the future due to improved development and transportation patterns, there are some factors that are not captured in the model. Therefore, it is difficult to predict VMT/SP behavior for future projects. Furthermore, the cost of implementing mitigation measures is unknown and does not guarantee the effectiveness of implementing them citywide. Page 308 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 6 PlaceWorks 1.3 ENVIRONMENTAL SETTING 1.3.1 Project Location The City of Rancho Cucamonga is in the Inland Empire at the base of the San Gabriel Mountains in western San Bernardino County. It is bounded by the cities of Upland, Ontario, Fontana, the San Bernardino National Forest, and rural unincorporated areas of San Bernardino County. State Route 210 (SR-210), which runs east- west, bisects the city; Interstate 15 (I-15), which runs north-south, bounds the eastern side of the city, and I- 10, which runs east-west, is approximately 0.75 mile south of the city. The Epicenter Master Plan Area is 56 acres on Rochester Avenue in a commercial and light industrial area south of Foothill Boulevard. See Figure 1, Local and Regional Location. 1.3.2 Environmental Setting 1.3.2.1 EXISTING LAND USE The Epicenter Master Plan Area includes Quakes Stadium, three softball fields available for community leagues and tournaments, one Little League baseball field, a new Sports Center east of Rochester Ave, soccer fields, and an animal center. The athletic facilities are surrounded by surface parking lots that are rarely utilized to capacity, even when the Quakes are playing. See Figure 2, Aerial Photograph. The Plan Area is primarily designated General Open Space and Facilities (OS), with a small portion of the southeast corner designated Neo-Industrial Employment. The Plan Area is primarily zoned as Parks with a small portion of the southeast corner zoned as Neo-Industrial. 1.3.2.2 SURROUNDING LAND USE The Epicenter Master Plan Area is surrounded primarily by commercials uses and industrial uses. The surrounding properties are all privately owned and mostly commercial and industrial in use, suburban in character, and separated from one another and from the Epicenter Master Plan Area by security fences and walls. Page 309 of 882 Ontario Rancho Cucamonga Pond 0 2,000 Feet Figure XX - Figure Title Here 1. Introduction PROJECT NAME HERE CITY OF PROJECT HERE Source: ESRI, 2022 Ontario Fontana Rancho CucamongaUpland Jurupa Valley EastvaleChino Rialto 0 5 Miles PlaceWorks Figure 1 - Local and Regional Location ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA Source: Generated using ArcMap 2023. 0 Scale (Feet) 2,000 City Boundary 15 15 0 Scale (Miles) 4 Day CreekJersey BlvdJersey Blvd Rochester AveRochester AveArrow HwyArrow Hwy Foothill BlvdFoothill BlvdSpruce AveSpruce AveMain StMain St Church StChurch St Milliken AveMilliken AveWhite Oak AveWhite Oak AveDay Creek BlvdDay Creek BlvdSanta Anita AveSanta Anita AveBarrington AveBarrington Ave4th St4th St 6th St6th StVictory DrVictory DrDay Creek BlvdDay Creek Blvd T e r r a V i s t a P k w y T e r r a V i s t a P k w y 210 C ALIFORNIA 66CALIFORNIA 10 60CALIFORNIA 83CALIFORNIA Unincorporated San Bernardino County Epicenter Plan Area Regional Map Page 310 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 8 PlaceWorks This page was intentionally left blank. Page 311 of 882 PlaceWorks Source: Nearmap 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 675 Figure 2 - Aerial Photograph Epicenter Plan Area 15 Arrow RouteArrow Route Jack Benny DrJack Benny Dr Sebastian WySebastian Wy Stadium WyStadium Wy Millennium CtMillennium Ct Milliken AveMilliken AveDay Creek BlvdDay Creek BlvdAccess RdAccess RdRochester AveRochester AveCommercial Commercial Commercial Commercial Industrial Page 312 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 10 PlaceWorks This page was intentionally left blank. Page 313 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR November 2023 Page 11 1.4 PROJECT DESCRIPTION 1.4.1 Project Description The proposed Epicenter Master Plan includes 56 acres of City-owned land. The Epicenter Master Plan is intended to build and activate a hub, provide an all-day and year-round active environment, expand the district, and provide a multimodal network within the Epicenter. The Epicenter Master Plan identifies and studies two focus areas: Focus Area North and Focus Area South, shown on Figure 3, Focus Area Map, and labeled as ‘1’ and ‘2’, respectively. 1.4.1.1 FOCUS AREA NORTH Short Term Improvements Focus Area North features the gateway to both the Stadium, softball fields, and the Sports Center at the intersection of Rochester Ave and Stadium Way. This area is intended to serve as a hub, and the existing green (Epicenter Green) would be improved and utilized as a significant destination. The open parking lots that fill most of this focus area can accommodate new, exciting activities and development. See Figure 4, Short Term Proposed Focus Area North. Long Term Improvements Long term, the Focus Area North includes extending connections to the east and adjacent sites, supporting compatible uses, and utilizing the stadium for other purposes throughout the year. See Figure 5, Long Term Proposed Focus Area North. 1.4.1.2 FOCUS AREA SOUTH Short Term Improvements The southern portion of the plan area features more existing uses than Focus Area North, including the Animal Center and Soccer Fields. Therefore, minimal change is anticipated in the near term. Eventually, the Animal Center is expected to grow—with a new building at Rochester Ave and Arrow Route—and other uses could expand the active environment envisioned for Focus Area South. See Figure 6, Short Term Proposed Focus Area South. Long Term Improvements Long term, the Focus Area South of the Epicenter Master Plan Area includes expansion to the Animal Center, Shared Parking structure, and new plaza and routes through the area. See Figure 7, Long Term Proposed Focus Area South. Page 314 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 12 PlaceWorks This page was intentionally left blank. Page 315 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | September 2023 | 2322 Focus Areas Introduction Focus Area South The southern portion of the plan area features more existing uses than Focus Area North, including the Animal Center and Sofive Soccer Center. Therefore, minimal change is anticipated in the near term. Eventually, the Animal Center is expected to grow—with a new building at Rochester Ave and Arrow Rte—and other uses could expand the active environment envisioned for Focus Area North. Focus Area North Focus Area North features the gateway to both the Stadium, softball fields, and the Sports Center, at the intersection of Rochester Ave and Stadium Way. As described in Chapter 1, this area is intended to serve as a hub, and the existing green—referred to here as Epicenter Green—can be improved and utilized as a significant destination. The open parking lots which fill most of this focus area offer a relatively blank slate, which can accommodate new, exciting activity and development. This Master Plan identifies and studies two focus areas: Focus Area North and Focus Area South, labeled above as 1 and 2, respectively. The following pages identify the unique existing conditions and possibilities associated with each of these focus areas in both the near- and longer-term. They are envisioned to play slightly different roles, especially in the near-term. 1 2 2: FOCUS AREA CONCEPTS Arrow Rte Jack Benny Dr Stadium Way Stadium Way Arrow Rte Rochester AveSebastian Way Victory DrPlaceWorks Source: City of Rancho Cucamonga 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 400 Figure 3 - Focus Area Map Epicenter Plan Area 1 2 Focus Area North Focus Area South 1 2 Page 316 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 14 PlaceWorks This page was intentionally left blank. Page 317 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | September 2023 | 2524 Near-Term Action Items Focus Area North Build and Activate the Hub As discussed in Chapter 1, the Epicenter Green and its context can serve as a hub for the area. In the near term, it can become a fun and active gateway to both the Stadium, softball fields, and the Sports Center. Strategic enhancements to the Epicenter Green and its context, along with tactical structures or vehicles hosting food, beverage, and other commercial uses, can bring life to the area soon. This spread identifies six Action Items which are intended to create and improve this hub; these Action Items are described on the following pages. Alongside these action items, the stadium should feature increased programming to become a more active year-roung anchor, as discussed in Chapter 1. Programming which requires no significant alterations to the stadium can be accommodated in the near term, but in the longer term, the stadium could be adapted to more flexibly host a wider range of events. This is discussed further on page 37. 13 4 6 6 22 2: FOCUS AREA CONCEPTS 5 Legend 1 2 3 6 7 7 4 5 Improve the Epicenter Green Introduce Promenades Tactical Activation Manage Parking Stadium Programming Improve the Beer Garden Connect to Sebastian Way (see connection standards in Chapter 3) Stadium Way Rochest er A v e Stadium Way Stadium WayRochester AveJack Benny Dr Sebastian Way PlaceWorks Source: City of Rancho Cucamonga 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 250 Figure 4 - Short Term Proposed Focus Area North Epicenter Plan Area 1 3 2 4 6 5 7 1 3 2 4 6 5 7 2 6 65 3 Improve the Epicenter Green Introduce Promenades Tactical Activation Improve the Beer Garden Connect to Sebastian Wy Manage Parking Stadium Programming Page 318 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 16 PlaceWorks This page was intentionally left blank. Page 319 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | September 2023 | 3736 Longer-Term Vision: Focus Area North An All-Day, Year-Round Active Environment The near-term activation described in the previous section is intended to catalyze a higher concentration of life and activity around this focus area in the long term. Over time, existing parking lots can be developed to accommodate this growing concentration of activity and further enliven an improved public realm. New buildings can house the tactical commercial uses and programming that will have succeeded in the near-term as well as other new uses which support the identity and life of the area. Legend 1 2 3 4 6 7 Leverage the Stadium Active Frontages Line the Public Realm Compatible Supporting Uses Shared Structured Parking Supply Extended connection to the east (see Connection C-8 in Section 3.2) Connections to adjacent sites (see connection standards in Chapter 3) 2: FOCUS AREA CONCEPTS 5 Tactical Plaza in Sports Center Landscaped Area (see page 15) Leverage the Stadium's Value As discussed in Chapter 1, the City has the opportunity to utilize the Stadium more consistently throughout the year, bringing more fun events to the community and attracting more patrons to businesses in the area. Currently, Minor League Baseball home games bring significant crowds to the district for just a few hours on 67 days per year—only about one sixth of days—and well below 10% of business hours throughout the year. As is the case with venues across the country, no single tenant or use can adequately leverage such a significant asset. Furthermore, no tenant is guaranteed to be permanent, and the stadium can continue to be an anchor for the area even if tenant(s) change. Other programming occurs throughout the year, but much of the calendar remains empty. The City should seek a new operator specializing in multi-use venues, who can fully leverage the stadium's value as a controlled-access, ticketable venue through Entertainment acts like the Savannah Bananas, who have already visited the Epicenter LA Times The Wall Street Journal The field could be adapted to accommodate soccer— given its growing popularity—and/or be used as a multi- sport venue. Monster trucks and other shows that can operate within arenas of varying size programming, marketing, and branding. If necessary, and in coordination with the operator, the City could renovate the stadium to more effectively and easily accommodate a wide range of programming. Some programming possibilities are illustrated on this page. In addition to these full-venue options, potions of the stadium could be rented out for private events such as: graduations, birthdays, weddings, corporate meetings, and batting cage use. 1 Other entertainment options, such as concerts Stadium Way Stadium WayRochester AveJack Benny Dr Sebastian Way PlaceWorks Source: City of Rancho Cucamonga 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 250 Figure 5 - Long Term Proposed Focus Area North Epicenter Plan Area 1 3 2 4 6 5 7 1 3 2 4 6 7 2 6 5 3 Leverage the Stadium Active Frontages Line the Public Realm Compatible Supporting Uses Shared Structured Parking Supply Tactical Plaza in Sports Center Landscaped Area Extended Connection to the east Connections to Adjacent Sites 3 7 4 4 2 Page 320 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 18 PlaceWorks This page was intentionally left blank. Page 321 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | September 2023 | 3534 Near-Term Strategies for the Future Animal Center Lot Animal-Oriented Use The empty lot at the northwest corner of Rochester Ave and Arrow Rte, which is reserved for a future Animal Center expansion, could accommodate an interim animal-related use on a lease that would expire when the Animal Center is expected to be built. This would put this location on the map for pet-owners, paving the way for the future Animal Center. Overflow Parking on Existing Land Remaining vacant land (excluding that needed for any interim animal-oriented use per above) could accommodate short-term, temporary overflow parking in support of interim uses and new activity in Focus Area North. If used for parking, the lot shall be layered with dust-mitigating ground cover, such as decomposed granite or gravel. The lot is largely flat, but it shall be graded where necessary to create a walkable surface. Support Existing Uses which Support Vision Athletics-related uses and the Animal Center form part of the long-term vision for the area. Whether they remain as they are now or evolve over time, these uses should be supported. However, the automobile-related use on the private property at Rochester Ave and Jack Benny Dr does not contribute to the evolving identity of this area. If its property owner so chooses, it could be redeveloped to better complement the other Plan Area uses. 3 1 2 Minimal Near-Term Change The southern portion of the plan area features more existing uses than Focus Area North. Therefore, minimal change is anticipated in the near term. The empty lot at the northwest corner of Rochester Ave and Arrow Rte is reserved for a future Animal Center expansion in the longer term, but it could accommodate overflow parking and/or an interim animal- related use in the near term. The existing private property north of that corner site (see #6 in the above diagram) is not currently available for redevelopment, but if its property owner so chooses, it could eventually become a use that better complements the Epicenter character and other Epicenter uses. Legend 1 2 3 4 5 6 Future Animal Center Site Overflow Parking Opportunities Existing Animal Center Existing Little League Field Existing Sofive Soccer Center Existing Private Property Way Stadium Rochester AveJack Benny Dr Arrow RteVictory Dr2: FOCUS AREA CONCEPTS Near-Term Action Items: Focus Area South PlaceWorks Source: City of Rancho Cucamonga 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 250 Figure 6 - Short Term Proposed Focus Area South Epicenter Plan Area 1 3 2 4 6 5 1 2 65 3 Future Animal Center Site Overflow Parking Opportunities Existing Animal Center Existing Little League Field Existing Private Property 4 Existing Sofive Soccer Center Page 322 of 882 ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 20 PlaceWorks This page was intentionally left blank. Page 323 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | September 2023 | 4342 Animal Center As the Animal Center continues to advance its mission, it is in need of a new facility. This facility would host the public-facing program of the Center, including public education and training and animals in need of adoption. It would feature an inviting entry and animals highly visible from the street to encourage adoptions and community awareness of the Animal Center. The future building could take a number of forms, but it could feature one or more courtyards which serve as play yards. In such a case, the building would be oriented around the play yards and form their boundary—rather than fences doing so. Animal-Related Uses Other animal-related uses in the area would both leverage and support the Animal Center. The Animal Center could collaborate with other organizations or businesses on programming or to get the word out regarding vaccination and adoption events. For example, there are new businesses which function as a restaurant and event venue anchored by a dog park. Such a use could be near Animal Center or anywhere in the Plan, provided it provides appropriate frontage. Dog-centric programming and events Businesses offering pet toys, food, grooming would synergize with the Animal Center. 2 Expanding the Active District Over time, the active environment envisioned for Focus Area North could expand southward. Development potential in this area depends heavily on the future of the private property, the Little League field, the future of Sofive Soccer Center, and the expansion of the Animal Center. If the private automobile-related use and the Little League field were to remain, little change would be expected in this area. However, if they were to be relocated, a more robust expansion of the athletic- and animal- related district could occur, potentially with the support of a new shared parking structure. Legend 1 2 3 4 5 6 Animal Center Expansion Animal-Related Use Private Development Site Shared Structured Parking: featuring active ground floor liner space facing the green to the north and the plaza to the west Potential Plaza at South Entry to Fields New Route through Block: The Little League field site may remain for the lifetime of this plan. However, if it were to be relocated and this site were to be redeveloped, a new street connection would be required. 1 This Animal Center design by WA features courtyard play areas lined by kennels and other programming. Way Stadium Rochester AveJack Benny Dr Arrow RteVictory Dr2: FOCUS AREA CONCEPTS Longer-Term Vision: Focus Area South PlaceWorks Source: City of Rancho Cucamonga 2023. ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA 0 Scale (Feet) 250 Figure 7 - Long Term Proposed Focus Area South Epicenter Plan Area 1 3 2 4 6 5 1 2 6 5 3 Animal Center Expansion Animal-Related Use Private Development Site Shared Structured Parking: Featuring Active Ground Floor Liner Space facing the Green to the north and the Plaza to the west New Route through Block: The Little League Field May Remain for the Lifetime of this Plan. However, if it were to be Relocated and this Site were to be Redeveloped, a New Street Connection would be Required 4 Potential Plaza at South Entry to Fields 5 Page 324 of 882 November 2023 Page 22 2. Findings The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety, and noise. The General Plan EIR included Standard Conditions of Approval (See Chapter 4, Implementation, of the General Plan and Appendix A of this Addendum, Rancho Cucamonga General Plan EIR MMRP) for the following environmental topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, transportation, tribal cultural resources, and wildfire. The policies of the General Plan and the City’s existing development standards apply to all development in the General Plan Planning Area and would continue to do so after adoption of the proposed project. The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA. The following identifies the standards in CEQA Guidelines Section 15162 as they relate to the project. 1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed project will provide improvements to the existing Epicenter Sport Complex and adopt the Epicenter Master Plan. The Epicenter Master Plan Area was identified as a Focus Area One of the General Plan, as shown in Figure 8, General Plan Focus Area Map, and the proposed project is consistent with the General Plan as evaluated in the General Plan EIR. While the proposed project provides aesthetic refinements and guidance on future development, the Epicenter Master Plan does not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that the project will have one or more significant effects not discussed in the previous EIR. The policies and standard conditions of approval identified in the General Plan EIR (see Addendum Appendix A) would continue to apply to all development in the city and would have the same mitigating effects as disclosed in the General Plan EIR. Given the recent adoption of the General Plan EIR and the project’s consistency with the General Plan Land Use Diagram, there is no new information that was not known and could not have been known at the time the General Plan EIR was certified demonstrating that the project would have one or more significant effects not discussed in the previous EIR. Impacts would be the same as those disclosed in the certified General Plan EIR. Page 325 of 882 ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE CITY OF RANCHO CUCAMONGA 2. Findings November 2023 Page 23 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project will align the zoning districts in the City of Rancho Cucamonga with the General Plan Land Use Map as evaluated by the General Plan EIR as there are no proposed zoning changes. All policies and standard conditions of approval identified in the General Plan EIR would continue to apply to all development in the city and would have the same mitigating effect as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR, and therefore would not substantially change the conclusions of the EIR or require new mitigation measures. 4. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project changes would not result in an increase of overall development intensity, and the resulting impacts would be the same as those disclosed in the certified General Plan EIR. Therefore, no new mitigation measures or alternatives to the proposed project would be required. Page 326 of 882 ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE CITY OF RANCHO CUCAMONGA 2. Findings Page 24 PlaceWorks This page was intentionally left blank. Page 327 of 882 97 VOLUME 2 • CHAPTER 2: FOCUS AREAS FIGURE FA-1 FOCUS AREAS MAP 12 7 83 5 6 4 COMMUNITY ACTIVITY NODES Neighborhood Activity Node Corridor Activity Node Focus Areas MOBILITY CORRIDORS Transit Priority Street Bicycle Priority Street Trail Network Note: See Figure LC-3 Land Plan for General Plan Designations PlaceWorks Source: City of Rancho Cucamonga 0 Scale (Miles) 1.5 Rancho Cucamonga Sphere of Influence COMMUNITY ACTIVITY NODES Transit Priority Street Bicycle Priority Street Trail Network MOBILITY CORRIDORS Sphere of Influence Neighborhood Activity Node Corridor Activity Node Focus Areas Figure 8 - General Plan Focus Area Map ADDENDUM TO THE RANCHO CUCAMONGA GENERAL PLAN EIR FOR THE EPICENTER MASTER PLAN CITY OF RANCHO CUCAMONGA Fontana Upland Ontario 10 15 10 10 15 15 210 C ALIFORNIA 210 C ALIFORNIA 210 CALIFORNIA 210 C ALIFORNIA Page 328 of 882 ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE CITY OF RANCHO CUCAMONGA 2. Findings Page 26 PlaceWorks This page was intentionally left blank. Page 329 of 882 ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE CITY OF RANCHO CUCAMONGA Appendix November 2023 Appendix A. Rancho Cucamonga General Plan EIR MMRP Page 330 of 882 ADDENDUM TO THE GENERAL PLAN EIR FOR THE DEVELOPMENT CODE UPDATE CITY OF RANCHO CUCAMONGA Appendix PlaceWorks This page was intentionally left blank. Page 331 of 882 December 2021 | Mitigation Monitoring and Reporting Program State Clearinghouse No. 2021050261 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE for City of Rancho Cucamonga Prepared for: City of Rancho Cucamonga Contact: Jennifer Nakamura, Management Analyst II 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 909.774.4324 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com Page 332 of 882 Page 333 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA Table of Contents December 2021 Page i Section Page 1. INTRODUCTION .............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................ 1 1.2 PROJECT LOCATION .................................................................................................................................... 1 1.3 PROJECT DESCRIPTION .............................................................................................................................. 2 1.4 ENVIRONMENTAL IMPACTS ..................................................................................................................... 2 2. MITIGATION MONITORING REQUIREMENTS .............................................................................. 5 2.1 CATEGORIZED MITIGATION MEASURES/MATRIX ....................................................................... 5 3. REPORT PREPARATION .................................................. ERROR! BOOKMARK NOT DEFINED. 3.1 LIST OF PREPARERS ....................................................... ERROR! BOOKMARK NOT DEFINED. Page 334 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA Table of Contents Page ii PlaceWorks List of Tables Table Page Table 1 Mitigation Monitoring Requirements ................................................................................................ 7 Page 335 of 882 December 2021 Page 1 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2021050261. The Mitigation Monitoring and Reporting Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and Rancho Cucamonga Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. 1.2 PROJECT LOCATION The City of Rancho Cucamonga is in the Inland Empire in southwestern San Bernardino County, California. The City is surrounded by developed municipalities to the west, south, and east including the cities of Upland, Ontario, and Fontana and a large area of rural unincorporated San Bernardino County to the north and east. The northernmost portion of the City’s Sphere of Influence (SOI) is adjacent to the San Bernardino National Forest. Interstate and regional access to the City is provided by Interstate 15 (I-15), which runs in a general north-south direction and bisects the eastern portion of the City, and by State Route 210 (SR-210), an east- west freeway that runs through the center of the City. The I-10 freeway also provides regional access and is located approximately 0.75-mile south of the City boundary. Page 336 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction Page 2 PlaceWorks 1.3 PROJECT DESCRIPTION The project is an update of the City of Rancho Cucamonga’s General Plan. The General Plan is a state-required legal document that provides guidance to decision-makers regarding the allocation of resources and determining the future physical form and character of development in the City and its SOI. It is the official statement of the City regarding the extent and types of development needed to achieve the community’s physical, economic, social, and environmental goals. Although the General Plan is composed of individual chapters that individually address a specific area of concern, the General Plan embodies a comprehensive and integrated planning approach for the jurisdiction. The project includes the following elements that address all the required topics in state law:  Land Use and Community Character  Focus Areas  Open Space  Mobility and Access  Housing  Public Facilities and Services  Resource Conservation  Safety  Noise The General Plan Update would result in an increase of 25,685 dwelling units, 57,566 residents, 6,802 square feet of retail/commercial space, 3,533 square feet of office space, and a reduction of 2,055 square feet of industrial/flex space, compared to existing conditions. The City of Rancho Cucamonga is also proposing to update the City’s Climate Action Plan (CAP). The CAP identifies greenhouse gas (GHG) reduction measures that allow the City to continue reductions consistent with the State’s interim emissions reduction goal of lowering emissions. 1.4 ENVIRONMENTAL IMPACTS 1.4.1 Impacts Considered No Impact or Less Than Significant The EIR identified various thresholds from the CEQA Guidelines among a number of environmental categories that would not significantly impact the proposed project as identified in Chapter 5, Environmental Analysis, and therefore, did not require mitigation. Impacts to the following environmental resources were found to be less than significant or no impact:  Aesthetics  Energy  Geology and Soil  Hazards and Hazardous Materials  Population, Housing, and Employment  Public Services  Recreation  Tribal Cultural Resources Page 337 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction December 2021 Page 3  Hydrology and Water Quality  Land Use and Planning  Mineral Resources  Utilities and Service Systems  Wildlife 1.4.2 Unavoidable Significant Adverse Impacts The following impacts would remain significant and unavoidable after implementation of standard conditions of approval, as identified in the EIR:  Aesthetics (cumulative impacts only)  Agriculture and Forestry Resources  Air Quality  Biological Resources  Cultural Resources  Greenhouse Gas Emissions  Mineral Resources (cumulative impacts only)  Noise  Transportation  Wildfire (cumulative impacts only) Page 338 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction Page 4 PlaceWorks This page intentionally left blank. Page 339 of 882 December 2021 Page 5 2. Mitigation Monitoring Requirements 2.1 CATEGORIZED MITIGATION MEASURES/MATRIX Standard conditions of approval, and General Plan policies have been categorized in matrix format, as shown in Table 1, Mitigation Monitoring Requirements. The matrix identifies the environmental factor, specific standard conditions of approval and General Plan policies, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all standard conditions of approval and General Plan policies. Page 340 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 6 PlaceWorks This page intentionally left blank. Page 341 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 7 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) As a result of public and staff review of the Draft EIR, a single mitigation measure has been added to the Draft EIR. The mitigation measure will be as follows: MM-1 The City shall apply all applicable standard conditions of approval to future development within the City. City of Rancho Cucamonga Community Development Department At the time future development is proposed City of Rancho Cucamonga Development Department AESTHETICS Standard Conditions of Approval 5.1-1: A detailed on-site lighting plan, including a photometric diagram, shall be submitted by project applicants and reviewed and approved by the Planning Director and Police Department prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. Future Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department, Rancho Cucamonga Police Department 5.1-2: Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G- 2. Future Project Applicant Concurrently with the recordation of the final map or issuance of permits, whichever comes first City of Rancho Cucamonga Community Development Department Applicable General Plan Policies LC-1.2: Quality of Place. Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood. LC-1.3: Quality of Public Space. Require that new developments incorporate the adjacent street and open space network into their design to soften the transition between private and public realm and creating a greener more - human-scale experience. Page 342 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 8 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) LC-1.5: Master Planning. When planning a site, there must be meaningful efforts to master plan the site so as to ensure a well-structured network and block pattern with sufficient access and connectivity to achieve the placemaking goals of this General Plan. LC-1-8: Public Art. Require new construction to participate in the acquisition and installation of public art in accordance with the City Public Arts Program. LC-1.11:Compatible Development. Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context. LC-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. C-1.14: Street Amenities and Lighting. Modify pedestrian and street amenities, lighting styles, and intensities to be compatible with the character of the surrounding neighborhoods. LC-2.1: Building Orientation. Require that buildings be sited near the street and organized with the more active functions—entries, lobbies, bike parking, offices, employee break rooms, and outdoor lunch areas—facing toward and prominently visible from the street and visitor parking areas. LC-2.2: Active Frontages. Require new development abutting streets and other public spaces to face the public realm with attractive building facades and entries to encourage walking, biking, and public transit as primary—not “alternative”— mobility modes. LC-2.4: Tree planting. Require the planting of trees that shade the sidewalks, buffer pedestrians from traffic, define the public spaces of streets, and moderate Page 343 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 9 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) high temperatures and wind speeds throughout the city. LC-2.5: Gradual Transitions. Where adjacent to existing and planned residential housing, require that new development of a larger form or intensity transition gradually to complement the adjacent residential uses. LC-2.6: Commercial Requirements. Require development projects in non- residential and mixed-use areas to provide for enhanced pedestrian activity through the following techniques:  Require that the ground floor of buildings where retail uses are allowed have a minimum 15 feet floor-to-floor height.  Require that the ground floor of the building occupy the majority of the lot’s frontage, with exceptions for vehicular access where necessary.  Require that most of the linear ground floor retail frontage (where such occurs) be visually and physically “open” to the street, incorporating windows and other design treatments to create an engaging street frontage.  Minimize vehicle movements across the sidewalk.  Allow for and encourage the development of outdoor plazas and dining areas. LC-2.7: Shared Parking. Encourage structured and shared parking solutions that ensure that parking lots do not dominate street frontages and are screened from public views whenever possible. LC-2.8: Landscaping. Require development projects to incorporate high quality landscaping to extend and enhance the green space network of the city. LC-4.1: Neighborhood Preservation. Preserve and enhance the character of existing residential neighborhoods. LC-4.3: Complete Neighborhoods. Strive to ensure that all new neighborhoods, Page 344 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 10 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) and infill development within or adjacent to existing neighborhoods, are complete and well structured such that the physical layout and land use mix promote walking to services, biking, and transit use and have the following characteristics.  Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, bicycles, and vehicles.  Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no further than one-quarter mile.  Require development patterns such that 60 percent of dwelling units are within one-half mile walking distance to neighborhood goods and services, such as markets, cafes, restaurants, churches, dry cleaners, laundromats, farmers markets, banks, hair care, pharmacies, and similar uses.  access to goods and services within a safe, comfortable walking distance.  Provide as wide a diversity of housing styles and types as possible, appropriate to the existing neighborhood context.  Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.6: Block Length. Require new neighborhoods to be designed with blocks no longer than 600 feet nor a perimeter exceeding 1,800 feet. Exceptions can be made if mid-block pedestrian and bicycle connections are provided, or if the neighborhood is on the edge of town and is intended to have a rural or semi-rural design character. LC-4.10: Neighborhood Transitions. Require that new neighborhoods provide appropriate transitions in scale, building type, and density between different General Plan designations, place types, and community planning areas. LC-4.11: Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound Page 345 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 11 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) wall frontages on any streets, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. LC-4.12: Neighborhood Edges. Encourage neighborhood edges along street corridors to be characterized by active frontages, whether single-family or multifamily residential, or ground-floor, neighborhood-service non-residential uses. Where this is not possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be designed based on the following policies: • Strongly discourage the construction of new gated communities except in semi-rural neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the neighborhoods to nearby commercial, educational, and recreational amenities; activity centers; and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-5.5: Foothill Boulevard as a Gateway. Transform the ends of Foothill Boulevard near the city boundary to a unique gateway environment through street improvements and coordinated infill development along both sides of Foothill Boulevard. Page 346 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 12 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) LC-7.3: Campus Design. Encourage employment areas to be developed like a college campus, with buildings oriented toward an internal roadway, buffer landscaping along the perimeter, and ample opportunities for paths and trails connecting to the City system as well as relaxation areas for employees. LC-7.6: Loading Docks. Require that parking lots, loading docks, outdoor storage, and processing be located behind or beside buildings, not in front, and be screened from public views. OS-1.4: Design Character and Public Art. Require neighborhood parks, greens, and playgrounds to be designed as an integral element of their planning community, reflecting the design character, art, and culture of that neighborhood, center, or district. OS-2.8: Art and Education. Require public art, education, and recreation features on trails, where appropriate. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. RC-1.1: View Corridors. Protect and preserve existing signature public views of the mountains and the valleys along roadways, open space corridors, and at other key locations. RC-1.2: Orient toward View Corridors. Encourage new development to orient views toward view corridors, valley, and mountains. C-1.3: Transfer of Development Rights. Allow the transfer of development rights from conservation areas to select development areas throughout the city and sphere of influence to protect hillsides, natural resources, and views and to Page 347 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 13 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) avoid hazards and further the City’s conservation goals. RC-1.4: Dark Sky. Limit light pollution from outdoor sources, especially in the rural, neighborhood, hillside, and open spaces to maintain darkness for night sky viewing. RC-1.5: Transit Corridor Views. Require that new development along major transit routes and travel corridors include 360° project design and landscape or design screening of outdoor activity and storage, including views from the transit routes and travel corridors. RC-1.6: Hillside Grading. Grading of hillsides shall be minimized, following natural landform to the maximum extent possible. Retaining walls shall be discouraged and, if necessary, screened from view. AIR QUALITY Standard Conditions of Approval 5.3-1: The City shall ensure that discretionary development will incorporate best management practices (BMPs) to reduce emissions to be less than applicable thresholds. These BMPs include but are not limited to the most recent South Coast AQMD recommendations for construction BMPs (per South Coast AQMD’s CEQA Air Quality Handbook, South Coast AQMD’s Mitigation Monitoring and Reporting Plan for the 2016 AQMP, and SCAG’s Mitigation Monitoring and Reporting Plan for the 2020-2045 RTP/SCS, or as otherwise identified by South Coast AQMD). Future Project Applicant Prior to project approval City of Rancho Cucamonga Community Development Department 5.3-2: Applicants for future discretionary development projects that would generate construction-related emissions that exceed applicable thresholds, will include, but are not limited to, the mitigation measures recommended by South Coast AQMD (in its CEQA Air Quality Handbook or otherwise), to the extent feasible and applicable to the project. The types of measures shall include but are Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Page 348 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 14 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) not limited to: maintaining equipment per manufacturer specifications; lengthening construction duration to minimize number of vehicle and equipment operating at the same time; requiring use of construction equipment rated by the EPA as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emissions limits, applicable for engines between 50 and 750 horsepower; and using electric-powered or other alternative-fueled equipment in place of diesel-powered equipment (whenever feasible). Tier 3 equipment can achieve average emissions reductions of 57 percent for NOx, 84 percent for VOC, and 50 percent for particulate matter compared to Tier 1 equipment. Tier 4 equipment can achieve average emissions reductions of 71 percent for NOx, 86 percent for VOC, and 96 percent for particulate matter compared to Tier 1 equipment. 5.3-3: The City shall ensure that discretionary development that will generate fugitive dust emissions during construction activities will, to the extent feasible, incorporate BMPs that exceed South Coast AQMD’s Rule 403 requirements to reduce emissions to be less than applicable thresholds. Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.3-4: Applicants for future discretionary development projects which will generate construction-related fugitive dust emissions that exceed applicable thresholds will include, but are not limited to, the mitigation measures recommended by South Coast AQMD’s CEQA Air Quality Handbook, to the extent feasible and applicable: • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excess amounts of dust. • Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Application of watering (preferably reclaimed, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. This measure can achieve PM10 reductions of 61 percent through application of water every three hours to disturbed areas. • Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities: Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Page 349 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 15 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) • All trucks shall be required to cover their loads as required by California Vehicle Section 23114. Covering loads and maintaining a freeboard height of 12 inches can reduce PM10 emissions by 91 percent. • All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. Application of water every three hours to disturbed areas can reduce PM10 emissions by 61 percent. • Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll-compaction, and environmentally-safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area should be seeded and watered until grass growth is evident, or periodically treated with environmentally-safe dust suppressants, to prevent excessive fugitive dust. Replacement of ground cover in disturbed areas can reduce PM10 emissions by 5 percent. • Signs shall be posted on-site limiting traffic to 15 miles per hour or less. This measure can reduce associated PM10 emissions by 57 percent. • During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties), all clearing, grading, earth-moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard off-site or on-site. The site superintendent/supervisor shall use his/her discretion in conjunction with South Coast AQMD when winds are excessive. Page 350 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 16 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) • Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. • Personnel involved in grading operations, including contractors and subcontractors, should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations. Applicable General Plan Policies LC-1.1: Complete Places. Ensure that a broad range of recreational, commercial, education, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. LC-1.3: Quality of Public Space. Require that new development incorporate the adjacent street and open space network into their design to soften the transition between private and public realm and create a greener, more human-scale experience. LC-1.4: Connectivity and Mobility. Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, using the public realm to provide more access options. LC-1.9: Infill Development. Enable and encourage infill development with vacant and underutilized properties through flexible design requirements and potential incentives. LC-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. LC-1.13: Improved Public Realm. Require that new development extend the “walkable public realm” into previously vacant and/or parking-lot-dominant large Page 351 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 17 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) single-use parcels of land. LC-2.3: Streetscape. Enhance the pedestrian experience through streetscape improvements such as enhanced street lighting, street trees, and easement dedications to increase the widths of the sidewalks, provide side access parking lanes, and other pedestrian and access amenities. LC-2.4: Tree Planting. Require the planting of trees that shade the sidewalks, buffer pedestrians from traffic, define the public spaces of streets, and moderate high temperatures and wind speeds throughout the city. LC-2.11: Park-Once. Allow and encourage strategies that enable adjacent uses and properties to flexibly share parking facilities, so that users can park once and pursue multiple activities on foot before returning to their car, such as:  Unbundling parking from development.  Considering parking “districts” demonstrating sufficient parking within a convenient walking distance. LC-4.2: Connected Neighborhoods. Require that each new increment of residential development make all possible street, trail, and open space connections to existing adjoining parcels. LC-4.3: Complete Neighborhoods. Strive to ensure that all new neighborhoods, and infill development within or adjacent to existing neighborhoods, are complete and well structured such that the physical layout and land use mix promote walking to services, biking and transit use, and have the following characteristics:  Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, bicycles, and vehicles.  Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no Page 352 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 18 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) further than one-quarter mile.  Require development patterns such that 60 percent of dwelling units are within one-half mile walking distance to neighborhood goods and services, such as markets, cafes, restaurants, churches, dry cleaners, laundromats, farmers markets, banks, hair care, pharmacies, and similar uses.  Access to goods and services within a safe, comfortable walking distance.  Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context.  Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.8: Solar Orientation. Street, block, and lot layouts should orient a majority of lots within 20 degrees of a north-south orientation for increased energy conservation. LC-4.11: Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound wall frontages on any streets, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. LC-5.1: Improved Street Network. Systematically extend and complete a network of complete streets to ensure a high-level of multi-modal connectivity within and between adjacent Neighborhoods, Centers and Districts. Plan and implement targeted improvements to the quality and number of pedestrian and bicycle routes within the street and trail network, prioritizing connections to schools, parks, and neighborhood activity centers. LC-5.2: Connections Between Development Projects. Require the continuation and connectivity of the street network between adjacent Page 353 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 19 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) development projects and discourage the use of cul-de-sacs or other dead-end routes. LC-5.3: Green Public Realm. Ensure that a significant tree canopy and landscaping are provided along corridors and linkages between land uses, to provide shade and wind protection for pedestrians and bicyclists, and to define these corridors as the “outdoor living rooms” of the city. LC-5.4: Multifamily Development. Focus new multifamily housing development along corridors between commercial nodes and centers and ensure that it is well connected to adjoining neighborhoods and centers by high-quality walking and biking routes. LC-5.6: Foothill Boulevard as a Connector. Transition Foothill Boulevard from a “divider” to a “connector” that brings the north and south sides together. Ensure that new development along the Foothill Corridor generates a high-quality pedestrian- and transit-oriented environment and a concentration of commercial and civic amenities and community gathering places for residents from all parts of the city. LC-6.1: Diverse Centers. Encourage the development of neighborhood-serving, community-serving, and city-serving centers that address the full range community needs and market sectors. LC-6.3: Evolving Centers. Encourage the improvement of existing commercial centers to provide more active, human-scale environments and community gathering places, including the potential for infill housing and office use. LC-6.4: Access to Transit. Encourage the development of commercial and mixed-use centers that are located and organized in relation to existing or planned Page 354 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 20 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) transit stops, especially along Foothill Boulevard and Haven Avenue. LC-6.5: Walkable Environments. Centers should include very walkable and pedestrian-friendly streets with active building frontages along primary corridors and internal streets. In some cases, side access lanes may be inserted between existing major streets and building frontages, providing a low-speed environment that is very safe and comfortable for pedestrians and bicyclists, with pedestrian- oriented building frontages. LC-7.2: Unify and Connect Development. Require that new development in the 21st Century Employment District land use designation unify and connect development along the Haven Avenue Corridor. LC-7.5: Adaptive Industrial Reuse. Encourage adaptive reuse with residential and live/work units, and local serving commercial, in existing industrial structures, particularly in the Central South Community Planning Area. OS-2.1: Trail Corridors. Extend, improve and complete the multi-purpose trail network, wherever possible, by utilizing existing flood control channel and utility corridor rights-of-way as public trail corridors. OS-2.2: Connectivity. Connect trails in Rancho Cucamonga to trails in the San Bernardino National Forest and other hillside open space areas. OS-2.3: Trailheads. Provide trailhead amenities such as parking, restrooms, information boards, and maps. OS-2.4: Equestrian Trails. Continue to maintain and pursue the development of planned trails and facilities for equestrian use. OS-2.6: Design for Heat. Consider extreme heat in the design of streets, parks, trails, and playgrounds to support activity throughout the year and in all weather Page 355 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 21 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) conditions by including shade trees, shade structures, water fountains, splash pads, lighting for night play in most spaces. OS-2.7: Access. Require new development to provide access to existing or future trails and provide appropriate trail amenities (e.g., benches, drinking fountains, hitching posts, bike stands, and other amenities). MA-1.2: Rancho Cucamonga Station Redevelopment. Support redevelopment in and around the Rancho Cucamonga Station to support transit-oriented development. MA-1.4: Local Mobility Hub. Require new development at mobility hubs and key stops along the future bus rapid transit and future circulatory system to facilitate first mile/last mile connectivity to neighborhoods. MA-1.5: Provide Mobility Options. Provide roadway connections and local mobility hubs designed to capture 80 percent of the population and employment south of Base Line Road. MA-1.6: Transit Boulevard Implementation. Require high-quality transit streets to not only account for how transit is impacted by the geometry of the corridor, but also by signal timing, signal phasing, turns, and other operations that may jeopardize the quality of service. MA-2.1: Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities. MA-2.3: Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. MA-2.4: Street Vacations. Prioritize pedestrian and utility connectivity over street Page 356 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 22 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) vacations. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. MA-2-6: Roadway Scale. Balance roadway size and design configuration to ensure that vehicular speeds, volumes and turning movements do not compromise the safety and comfort of pedestrians and bicyclists. MA-2.9: Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel (see Placemaking toolkit in Vol. 4 for more information). MA-2.10: Master Planning. Master plan sites so as to ensure a well-structured network and block pattern with sufficient access and connectivity, especially in all focus areas, including the Cucamonga Town Center, Etiwanda Heights Town Center, and the Southeast Industrial Area. MA-2.11: Transportation Demand Management. Require new projects to implement Transportation Demand Management strategies, such as employer- provided transit pass/parking credit, low-speed communications infrastructure for telecommuting, carpooling incentive, etc. MA-2.12: Healthy Mobility. Provide pedestrian facilities and class II buffered bike lanes (or separated bikeways) on auto-priority streets where feasible to promote active transportation. MA-3.1: Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping Page 357 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 23 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) districts, regional transit centers, and residential neighborhoods. MA-3.2: Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. MA-3.3: Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area shown on Figure 8 to promote safety in the southwest area of the city. MA-5.1: Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non-automotive modes. MA-5.3: Funding. Remain flexible in the pursuit and adoption of transportation funding mechanisms that fund innovative transportation solutions. MA-5.4: Intelligent Systems Preparation. Upgrade the City’s ATMS [Advanced Traffic Management System] and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. PF-6.1: Recycling. Encourage recycling and organics collection and processing in all sectors of the community to divert items from entering landfills. PF-6.2: Refuse Facilities. Consult with public agencies and private contractors to ensure adequate organics processing facilities are available. RC-5.1: Pollutant Sources. Minimize increases of new air pollutant emissions in the city and encourage the use of advance control technologies and clean manufacturing techniques. RC-5.2: Air Quality Land Use Compatibility. Avoid siting of homes, schools, Page 358 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 24 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) hospitals, and childcare facilities and land uses within 500 feet of land uses that are considered large emitters. RC-5.3: Barriers and Buffers. Require design features such as site and building orientation, trees or other landscaped barriers, artificial barriers, ventilation and filtration, construction, and operational practices to reduce air quality impacts during construction and operation of large stationary and mobile sources. RC-5.4: Health Risk Assessment. Consider the health impacts of development of sensitive receptors within 500 feet of a freeway, rail line, arterial, collector or transit corridor sources using health risk assessments to understand potential impacts. RC-5.5: Community Benefit Plan. Require that any land use generating or accommodating more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week, provide a community benefit plan demonstrating an offset to community impacts of the truck traffic. RC-5.6: New Sensitive Receptors Near Existing Industrial Uses. Avoid placing homes, schools, hospitals, and childcare facilities within 1,000 feet of a land use that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week. RC-5.7: New Localized Air Pollution Sources Near Existing Sensitive Receptors. Avoid placing land uses that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week within 1,000 feet of homes, schools, hospitals, and childcare facilities. RC-5.8: Truck Hook-Ups at New Industrial or Commercial Developments. Page 359 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 25 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Require new industrial or commercial developments at which heavy-duty diesel trucks idle on-site to install electric truck hook-ups in docks, bays, and parking areas. RC-5.9: Clean and Green Industry. Prioritize non-polluting industries and companies using zero or low air pollution technologies. RC-5.10: Dust and Odor. Require new construction to include measures to minimize dust and odor during construction and operation. RC-6.1: Climate Action Plan. Maintain and implement a Climate Action Plan (CAP) that provides best management practices for reducing greenhouse gas emissions. RC-6.2: Renewable Energy. Encourage renewable energy installations and facilitate green technology and business. RC-6.3: Reduce Energy Consumption. Encourage a reduction in community- wide energy consumption. RC-6.4: Urban Forest. Protect the city’s healthy trees and plant new ones to provide shade, carbon sequestration, and purify the air. RC-6.5: GHG Reduction Goal. Reduce emissions to 80 percent below 1990 levels by 2050 and achieve carbon neutrality by 2045. RC-6.6: Co-benefits. Prioritize the development and implementation of GHG reduction measures that also achieve economic, health, social, environmental, and other co-benefits for the City and its residents and businesses. RC-6.7: Structural Equity. Encourage GHG reduction and climate adaptation measures such as trail completion, equipment upgrade, sidewalk connectivity, Page 360 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 26 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) tree planting, and buffers be included in the City’s Capital Improvement Program (CIP) to improve areas of the City where these features are lacking. RC-6.8: Reduce Vehicle Trips. Require Transportation Demand Management strategies such as employer provided transit pass/parking credit, bicycle parking, bike lockers, high-speed communications infrastructure for telecommuting, carpooling incentive, etc. for large office, commercial, and industrial uses. RC-6.9: Access. Require pedestrian, vehicle, and transit connectivity of streets, trails, and sidewalks, as well as between complementary adjacent land uses. RC-6.10: Green Building. Encourage the construction of buildings that are certified LEED or equivalent, emphasizing technologies that reduce GHG emissions. RC-6.11: Climate-Appropriate Building Types. Encourage alternative building types that are more sensitive to and designed for passive heating and cooling within the arid environment found in Rancho Cucamonga. RC-6.12: Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures. RC-6.13: Designing for Warming Temperatures. When reviewing development proposals, encourage applicants and designers to consider warming temperatures in the design of cooling systems. RC-6.14: Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes. Page 361 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 27 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-6.15: Heat Island Reductions. Require heat island reduction strategies in new developments such as light-colored paving, permeable paving, right-sized parking requirements, vegetative cover and planting, substantial tree canopy coverage, and south and west side tree planting. RC-6.16: Public Realm Shading. Strive to improve shading in public spaces, such as bus stops, sidewalks and public parks and plazas, through the use of trees, shelters, awnings, gazebos, fabric shading and other creative cooling strategies. RC-6.17: Off-site GHG Mitigation. Allow the use of creative mitigation efforts such as offsite mitigation and in lieu fee programs as mechanisms for reducing project-specific GHG emissions. RC-6.18: Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. RC-7.1: Electric Vehicle (EV) Charging on City Property. As funding is available, encourage the installation of publicly available electric vehicle charging stations at City-owned buildings, facilities, property, and in the public right-of-way. RC-7.2: New EV Charging. Require new multifamily residential, commercial, office, and industrial development to include charging stations, or include the wiring for them. RC-7.3: EV Charging Retrofits. Encourage existing development to retrofit to include charging stations. RC-7.4: New Off-Road Equipment. When feasible, require that off-road equipment such as forklifts and yard tugs necessary for the operations of all new commercial and industrial developments be electric or fueled using clean fuel Page 362 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 28 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) sources. RC-7.5: Municipal Vehicle Fleet. Reduce fossil fuel consumption of the City’s vehicle fleet by increasing the number of electric or zero emissions vehicles. RC-7.6: Efficiency Retrofits. Encourage existing private property owners to implement energy efficiency retrofits during substantial improvement as defined by the California Building Code. RC-7.7: Sustainable Design. Encourage sustainable building and site design that meets the standards of Leadership in Energy and Environmental Design (LEED), Sustainable Sites, Living Building Challenge, or similar certification. RC-7.8: Farmers Market, Fork to Table. Support microscale agriculture and farmers markets, and similar methods of encouraging locally grown and consumed produce. RC-7.9: Passive Solar Design. Require new buildings to incorporate energy efficient building and site design strategies for the arid environment that include appropriate solar orientation, thermal mass, use of natural daylight and ventilation, and shading. RC-7.10: Alternative Energy. Continue to promote the incorporation of alternative energy generation (e.g., solar, wind, biomass) in public and private development. RC-7.11 : Community Development Subdivisions. When reviewing applications for new subdivisions, require residences be oriented along an east- west access, minimizing western sun exposure, to maximize energy efficiency. RC-7.12: Solar Access. Prohibit new development and renovations that impair adjacent buildings’ solar access, unless it can be demonstrated that the shading Page 363 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 29 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) benefits substantially offset the impacts of solar energy generation potential. RC-7.13: Energy-Efficient Infrastructure. Whenever possible, use energy- efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure. BIOLOGICAL RESOURCES Standard Conditions of Approval 5.4-1: Special status plant and wildlife species have the potential to occur within the proposed General Plan Update Study Area. Any project that involves the removal of habitat must consider if any special status species (e.g., Threatened or Endangered species, CNPS List 1B and 2 plants, or species protected under Section 15380 of CEQA) are potentially present on the project site and if the project impacts could be considered significant by the City. If potential habitat is present in an area, focused surveys shall be conducted prior to construction activities in order to document the presence or absence of a species on the project site. Botanical surveys shall be conducted during the appropriate blooming period for a species. If no special status species are found on the project site, no additional action is warranted. If special status species are found, appropriate mitigation would be required in coordination with the City, consistent with its performance criteria of mitigating lost habitat at a ratio no less than one to one (one acre restored for every acre impacted). Qualified Biologist Prior to construction activities City of Rancho Cucamonga Community Development Department 5.4-2: Any project within the proposed General Plan Update Study Area that impacts a Federally listed species, based on a biological survey or other analysis of the project, shall be required to secure take authorization through Section 7 or Section 10 of the Federal Endangered Species Act (FESA) prior to project implementation. Compensation for impacts to the listed species and their habitat shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department Page 364 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 30 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) and maintain the mitigated habitat according to the requirements of the Biological Opinion (Section 7) or Habitat Conservation Plan (Section 10) for the project. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the USFWS, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and planting implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. 5.4-3: Any project within the proposed General Plan Update Study Area that impacts a State-listed Threatened or Endangered species shall be required to obtain take authorization (through an Incidental Take Permit) pursuant to the California Endangered Species Act (CESA) and Section 2081 of the California Fish and Game Code. If the species is also listed under the FESA, a consistency finding per Section 2080.1 of CESA is issued when a project receives the USFWS Biological Opinion. Compensation for impacts to the listed species and their habitat shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigated habitat according to the requirements of the 2080 CESA process. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the California Department of Fish and Wildlife and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3)site preparation and planting implementation; (4) a schedule; (5) a maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department 5.4-4: To avoid conflicts with the Migratory Bird Treaty Act and Bald/Golden Eagle Protection Act, construction activities involving vegetation removal shall be conducted between September 16 and March 14. If construction occurs inside the Qualified Biologist Vegetation removal shall be be conducted between September 16 and Match 14; or a preconstruction survey City of Rancho Cucamonga Community Development Department Page 365 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 31 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) peak nesting season (between March 15 and September 15), a preconstruction survey (or possibly multiple surveys) by a qualified biologist is recommended prior to construction activities to identify any active nesting locations. If the biologist does not find any active nests within the project site, the construction work shall be allowed to proceed. If the biologist finds an active nest within the project site and determines that the nest may be impacted, the biologist shall delineate an appropriate buffer zone around the nest; the size of the buffer zone shall depend on the affected species and the type of construction activity. Any active nests observed during the survey shall be mapped on an aerial photograph. Only construction activities (if any) that have been approved by a biological monitor shall take place within the buffer zone until the nest is vacated. The biologist shall serve as a construction monitor when construction activities take place near active nest areas to ensure that no inadvertent impacts on these nests occur. Results of the pre-construction survey and any subsequent monitoring shall be provided to the California Department of Fish and Wildlife and the City. shall be conducted during peak nesting season (March 15 and September 15) 5.4-5: A jurisdictional delineation shall be conducted if a project will impact jurisdictional resources. Permits from the U.S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) shall be required for impacts on areas within these agencies’ jurisdiction. Acquisition and implementation of the permits may require mitigation. Compensation for impacts to jurisdictional resources shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigated jurisdictional resource according to the requirements of USACE and RWQCB. Prior to issuance of the first action and/or permit that would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the appropriate resource agencies, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and planting Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department Page 366 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 32 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. 5.4-6: The Porter-Cologne Act and Sections 1600 to 1616 of the California Fish and Game Code protect “waters of the State.” Agreements (Streambed Alteration Agreements) from the California Department of Fish and Wildlife (CDFW) shall be required for impacts on areas in CDFW’s jurisdiction. Acquisition and implementation of the agreement may require mitigation. Compensation for impacts to CDFW resources shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigation areas according to CDFW requirements. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and CDFW, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and planting implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department 5.4-7: The City of Rancho Cucamonga shall require a habitat connectivity/wildlife corridor evaluation for future development projects that may impact existing connectivity areas and wildlife linkages identified in Figure 5.4-6, Wildlife Movement Linkages Map. The results of the evaluation shall be incorporated into the project’s biological report required under standard condition of approval 5.4- 1. The evaluation shall also identify project design features that would reduce potential impacts and maintain habitat and wildlife movement. To this end, the City shall incorporate the following measures, to the extent practicable, for projects impacting wildlife movement corridors:  Adhere to low density zoning standards  Encourage clustering of development Qualified Biologist Prior to construction activities City of Rancho Cucamonga Community Development Department Page 367 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 33 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance)  Avoid known sensitive biological resources  Provide shielded lighting adjacent to sensitive habitat areas  Encourage development plans that maximize wildlife movement  Provide buffers between development and wetland/riparian areas  Protect wetland/riparian areas through regulatory agency permitting process  Encourage wildlife-passable fence designs (e.g., 3-strand barbless wire fence) on property boundaries  Encourage preservation of native habitat on the undeveloped remainder of developed parcels  Minimize road/driveway development to help prevent loss of habitat due to roadkill and habitat loss  Use native, drought-resistant plant species in landscape design  Encourage participation in local/regional recreational trail design efforts. Applicable General Plan Policies RC-3.1: Sensitive Habitat. Encourage the preservation of the integrity of sensitive land resources that have significant native vegetation and/or habitat value such as riparian habitat areas, creek corridors, Riversidean Alluvial Fan Sage Scrub (RAFSS), wetlands, and sensitive wildlife habitat that supports biological resources. RC-3.2: Biological Preserves. Allow and encourage the expansion of sensitive biological preserve areas (e.g., North Etiwanda Preserve, Day Creek Preserve, and San Sevaine Preserve) and other important habitat areas with an emphasis on wildlife connectivity between habitats and connectivity to the national forest. RC-3.3: Wildlife Corridors. Encourage the creation, maintenance, and protection of open space areas that provide strategic wildlife corridors and vital Page 368 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 34 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) connectivity between habitat areas. RC-3.4: Landscape Design. Encourage new development to incorporate native vegetation materials into landscape places and prohibit the use of species known to be invasive according to the California Invasive Plant Inventory. RC-3.5: Buffers from New Development. Require new developments adjacent to identified plant and wildlife habitat areas to establish and maintain a protective buffer. RC-3.6: Grading and Vegetation Removal. Limit grading and vegetation removal of new development activities to the minimum extent necessary for construction and to reduce erosion and sedimentation. RC-3.7: Urban Forestry Plan. Minimize damage associated with wind- and fire- related hazards and risks and address climate change and urban heat island effects through the development of an urban forestry plan that addresses a proper and appropriate landscaping, plant and tree selection and replacement, and planting and vegetation management techniques. CULTURAL RESOURCES Standard Conditions of Approval 5.5-1: If a future project pursuant to the General Plan Update contains a designated Historical Landmark, the site shall be developed and maintained in accordance with the applicable Historic Landmark Alteration Permit. Any further modifications to the site including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Certificate of Appropriateness subject to Historic Preservation Commission review and approval. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department Page 369 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 35 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.5-2: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. County Coroner If human remains or funerary objects are encountered City of Rancho Cucamonga Community Development Department 5.5-3: If a building within the project area was constructed more than 50 years ago, the City will require a determination of whether the building, or site, could be considered historic. If the project is considered historic Chapter 17.18 Historic Preservation will apply. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-4: Prior to any construction activities that may affect historical resources (i.e., structures 45 years or older), a historical resources assessment shall be performed by an architectural historian or historian who meets the Secretary of the Interior’s Professionally Qualified Standards in architectural history or history. This shall include a records search to determine if any resources that may be potentially affected by the project have been previously recorded, evaluated, and/or designated in the National Register of Historic Places, California Register of Historic Resources, or a local register. Following the records search, the qualified architectural historian shall conduct a reconnaissance-level and/or intensive-level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the proposed project. Pursuant to the definition of a historical resource under CEQA, potential historical resources shall be evaluated under a developed historic context. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-5: To ensure that projects requiring the relocation, rehabilitation, or alternation of a historical resource not impact its significant, the Secretary of Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professionally Qualified Standards. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department Page 370 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 36 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) features and construction activities shall be provided to the City of Rancho Cucamonga. 5.5-6: If a proposed project would result in the demolition or significant alteration of historical resource, it cannot be mitigated to a less than significant level. However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible. Recordation shall take the form of Historic American Buildings Survey, Historic American Engineering Record, or Historic American Landscape Survey documentation, and shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards. Documentation shall include an architectural and historical narrative; medium- or large-format black and white photographs, negatives, and prints; and supplementary information such as building plans and elevations, and/or historical photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal institutions. The specific scope and details of documentation would be developed at the project level. Qualified Historian Prior to demolition City of Rancho Cucamonga Community Development Department 5.5-7: If cultural resources that are eligible for listing to the National Register of Historic Places, California Register of Historic Resources, or a local register are identified within or adjacent to the proposed development, the construction limits shall be clearly flagged to ensure impacts to eligible cultural resources are avoided or minimized to the extent feasible. Prior to implementing construction activities, a qualified archaeologist shall verify that the flagging clearly delineates the construction limits and eligible resources to be avoided. Since the location of some eligible cultural resources is confidential, these resources will be flagged as environmentally sensitive areas. Qualified Archaeologist Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-8: To determine the archaeological sensitivity for discretionary projects within the city, an archaeological resources assessment shall be performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards (PQS) in either prehistoric or historic archaeology. The assessments shall include a California Historical Resources Information System (CHRIS) records search and a search of the Sacred Lands Qualified Archaeologist Prior to construction activities City of Rancho Cucamonga Community Development Department Page 371 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 37 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) File (SLF) maintained by the Native American Heritage Commission (NAHC). The records searches shall determine if the proposed project has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. A Phase I pedestrian survey shall be undertaken in areas that are undeveloped to locate any surface cultural materials.  If potentially significant archaeological resources are identified through an archaeological resources assessment, and impacts to these resource cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the PQS prior to any construction- related ground-disturbing activities to determine significance. If resources determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. These might include a Phase III data recovery program that would be implemented by a qualified archaeologist and shall be performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR): Recommended Contents and Format (1990) and Guidelines for Archaeological Research Designs (1991).  If the archaeological assessment did not identify potentially significant archaeological resources within the proposed General Plan area but indicated the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting, and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing Page 372 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 38 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the PQS. If the discovery proves to be significant, it shall be curated with a recognized scientific or educational repository.  If the archaeological assessment did not identify potentially significant archaeological resources, but indicates the area to be of medium sensitivity for archaeological resources, an archaeologist who meets the PQS shall be retained on an on-call basis. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting, and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on-call archaeologist is contacted. If the discovery proves to be significant, it shall be curated with a recognized scientific or education repository. Applicable General Plan Policies LC-1.2: Quality of Place. Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood. LD-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. RC-4.1: Disturbance of Human Remains. In areas where there is a high chance that human remains may be present, the City will require proposed projects to conduct a survey to establish occurrence of human remains, and measures to prevent impacts to human remains if found. Page 373 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 39 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-4.2: Discovery of Human Remains. Require that any human remains discovered during implementation of public and private projects within the City be treated with respect and dignity and fully comply with the California Native American Graves Protection and Repatriation Act and other appropriate laws. RC-4.3: Protected Sites. Require sites with significant cultural resources to be protected. RC-4.4: Preservation of Historic Resources. Encourage the preservation of historic resources, buildings, and landscape. RC-4.5: Historic Buildings. Encourage the rehabilitation and reuse of older buildings. Page 374 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 40 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) GEOLOGY AND SOILS Page 375 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 41 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.7-1: Development of projects pursuant to the General Plan Update shall comply with the City’s modifications to the Alquist-Priolo Earthquake Fault Zone Act that call for geotechnical investigations for all proposed structures designed for human occupancy within the expanded AP Zones, including a zone along a splay of the Cucamonga Fault and another zone along the scarp at Red Hill. Also, geotechnical investigations are required for essential and critical facilities along the buried/uncertain segment of the Red Hill Fault, with a setback requirement of at least 50 feet. Qualified Geologist/Engineer Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.7-2: All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.7-3: A geological report shall be prepared for an individual project by a qualified engineer or geologist and submitted at the time of application for grading plan check. Qualified Geologist/Engineer During grading plan check City of Rancho Cucamonga Community Development Department 5.7-4: The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Building Department 5.7-5: A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. Qualified Engineer Prior to construction activities City of Rancho Cucamonga Community Development Department 5.7-6: A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Qualified Engineer Prior to construction activities City of Rancho Cucamonga Community Development Department Page 376 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 42 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.7-7: If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer shall retain a qualified paleontologist to monitor construction activities, and take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures:  Assign a paleontological monitor, trained, and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities.  Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find.  Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum).  Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Qualified Paleontologist Before or during grading City of Rancho Cucamonga Community Development Department Applicable General Plan Policies SE-2.1: Fault Setbacks. Require minimum setbacks for structures proposed for human occupancy within State and City Special Study Zones. Setbacks will be based on minimum standards established under State law and recommendations of a Certified Engineering Geologist and/ or Geotechnical Engineer. SE-2.2: Building Functionality. Require enhanced siting, design, and construction standards that focus on building functionality for new critical public Page 377 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 43 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) facilities and key essential (private) facilities after a seismic event. SE-2.3: Seismically Vulnerable Buildings. Prioritize the retrofit of seismically vulnerable buildings (unreinforced masonry, soft-story construction, non-ductile concrete, etc.) as better information and understanding becomes available. SE-2.4: Transfer of Development Rights. Promote and allow for the use of transfer of development rights in areas of significant seismic and geologic hazards. SE-2.5: Hillside Hazards. Prioritize regulations and strategies that reduce geologic hazard risk to properties and loss of life. SE-5.3: Soil Transport. Require properties with high wind-blown soil erosion potential (agricultural operations, construction sites, etc.) prevent soil transport and dust generation. Page 378 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 44 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) HAZARDS AND HAZARDOUS MATERIALS Page 379 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 45 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.9-1: Future development shall prepare a Fire Protection Plan that includes measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed development site. The Plan must also address water supply, access, building ignition fire resistance, fire protection systems and equipment, defensible space, and vegetation management. Maintenance requirements for incinerators, outdoor fireplaces, permanent barbeques and grills, and firebreak fuel modification areas are imposed on new developments. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.9-2: With respect to all open space, recreational, or parkland uses, the City will ensure through project design features and conditions of approval that Southern California Edison (SCE) has 24/7 downline access by SCE facilities and operations. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.9-3: With respect to parkland proposed within utility corridors, anti-climbing sharks teeth style barriers, or their equivalent, shall be installed on all transmission towers. Anti-climbing devices shall conform to the California Public Utilities Commission guidance that is in effect at the time of parkland project implementation. The cost of anti-climbing guards and installation shall be borne by the project proponent. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.9-4: Any proposed trees within utility corridors should be maintained at a height not to exceed 15 feet. Project Applicant Ongoing City of Rancho Cucamonga Community Development Department 5.9-5: With the exception of utility infrastructure and other public improvements that do not interfere with such infrastructure, permanent structures are not allowed within utility corridors. Project Applicant During plan check City of Rancho Cucamonga Community Development Department 5.9-6: Southern California Edison (SCE) shall be notified in writing of any proposal to locate parkland or recreational uses within a utility corridor. If the use is located on SCE property or if otherwise required by law or the terms of a utility easement, SCE’s written approval of such uses shall be obtained prior to the issuance of any CEQA approval or permit or other ministerial or discretionary City approval. Project Applicant Prior to issuance of any CEQA approval or permit or other ministerial or discretionary City approval City of Rancho Cucamonga Community Development Department Page 380 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 46 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Applicable General Plan Policies S-5.1: Future Conditions. Ensure future climatic conditions and public health emergencies are considered as part of community resilience and investment efforts. S-5.2: Urban Forestry Plan. Minimize damage associated with wind related hazards and address climate change and urban heat island effects through the development of an urban forestry plan and proper landscaping planting and management techniques. S-5.3: Soil Transport. Require that properties with high wind-blown soil erosion potential such as agricultural operations and construction sites prevent soil transport and dust generation wherever possible. S-5.4: Extreme Heat Vulnerabilities. Require that new developments, major remodels, and redevelopments address urban heat island issues and reduce urban heat island effects for the proposed project site and adjacent properties. S-5.5: Resilience Resources. Require new developments and redevelopments to incorporate resilience amenities such as, but not limited to community cooling centers, emergency supplies, and backup power that can be used by residents and businesses within a 1/4-mile radius of the location. S-5.6: Underground Utilities. Promote the undergrounding of utilities for new development, major remodels, and redevelopment. S-5.7: Future Adaptation. Future climate adaptation-oriented projects will incorporate natural infrastructure to the greatest extent practicable. S-5.8: Climate Resiliency. Address climate resiliency and inequities through the planning and development process. Page 381 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 47 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) S-5.9: Address High Winds. Require buildings and developments exposed to high wind conditions to incorporate design elements and features that minimize or reduce damage to people, structures, and the community. S-6.1: Planned Development. Promote development patterns that integrate Crime Prevention Through Environmental Design (CPTED) principles that reduce the potential for human-caused hazards. S-6.2: Neighboring Properties. Encourage properties that store, generate, or dispose of hazardous materials to locate such operations as far away as possible from areas of neighboring properties where people congregate. S-6.3: Site Remediation. Encourage and facilitate the adequate and timely cleanup of existing and future contaminated sites and the compatibility of future land uses. S-6.4: Airport Planning. Protect Rancho Cucamonga interests regarding land use and safety by participating in the airport land use planning process for Ontario International Airport. S-6.5: Height Restrictions. Require proposed developments within the Ontario Airport Influence Area meet the height requirements associated with FAR Part 77 standards. S-6.6: Development Near Airport. New development within the Ontario Airport Influence Area shall be consistent with the approved Airspace Protection Zones identified in the latest version of the Airport Land Use Compatibility Plan. S-6.7: Railroad Safety. Minimize potential safety issues and land use conflicts when considering development adjacent to the railroad right-of-way. Page 382 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 48 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) HYDROLOGY AND WATER QUALITY Standard Conditions of Approval 5.10-1: A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. Qualified Hydrologist Prior to final map approval or issuance of building permits, whichever occurs first City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Engineering Department 5.10-2: Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Engineering Department Applicable General Plan Policies OS-1.9: Joint Use. Pursue and expand joint use of public lands that are available and suitable for recreational purposes, including school district properties and flood control district, water district, and other utility properties. RC-2.1: Water Supplies. Protect lands critical to replenishment of groundwater supplies and local surface waters (Figure RC-3). RC-2.2: Groundwater Recharge. Preserve and enhance the existing system of stormwater capture for groundwater recharge. RC-2.3: Riparian Resources. Promote the retention and protection of natural stream courses from encroachment, erosion, and polluted urban runoff. RC-2.4: Waterways as Amenities. When considering new development applications and infrastructure improvements where waterways are onsite, adjacent, or nearby, incorporate the waterway into the design as a feature. Page 383 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 49 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-2.5: Water Conservation. Require the use of cost-effective methods to conserve water in new developments and promote appropriate water conservation and efficiency measures for existing businesses and residences. RC-2.6: Irrigation. Encourage the conversion of water-intensive turf/landscape areas to landscaping that uses climate- and wildlife-appropriate native or non- invasive plants, efficient irrigation systems, greywater, and water efficient site maintenance. RC-2.7: Greywater. Allow and encourage the use of greywater to meet or offset onsite non-potable water demand. RC-6.12: Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures. RC-6.14: Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes. RC-6.18: Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. S-4.1: New Essential Facilities (Flood). Prohibit the siting and construction of new essential public facilities within flood hazard zones, when feasible. If an essential facility must be located within a flood hazard zone, incorporate flood mitigation to the greatest extent practicable. S-4.2: Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents Page 384 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 50 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains. S-4.3: 500-Year Floodplain. Promote the compliance of 100-year floodplain requirements on properties located within the 500-year floodplain designation. S-4.4: Flood Infrastructure. Require new development to implement and enhance the Storm Drain Master Plan by constructing stormwater management infrastructure downstream of the proposed site. S-4.5: Property Enhancements. Require development within properties located adjacent, or near flood zones and areas of frequent flooding to reduce or minimize run-off and increase retention onsite. S-4.6: Regional Coordination. Promote regional flood management and mitigation projects with other agencies (San Bernardino County Flood Control, Army Corps of Engineers, and adjacent jurisdictions) to address flood hazards holistically. S-4.7: Dam Operators. Coordinate with agencies operating or managing dam facilities that can inundate the city, on operations, maintenance, and training activities and provide the latest Emergency Action Plans annually. NOISE Standard Conditions of Approval 5.13-1: For construction activities that do not involve pile driving occurring within 580 feet residential, schools, churches, or similar uses or within 330 feet of commercial/industrial uses or for construction activities involving pile driving occurring within 1,000 feet of residential, schools, churches, or similar uses, or within 330 feet of commercial/industrial uses, or nighttime construction activities, as defined in Development Code Section 17.66.050), the City shall require that Project Applicant, Construction Contractor Prior to project approval City of Rancho Cucamonga Community Development Department Page 385 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 51 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) project applicants prepare a site-specific construction noise analysis demonstrating compliance with the noise standards of Development Code Section 17.66.050, as determined by the City. The analysis shall be completed prior to project approval and can be completed as part of the environmental review process for projects subject to CEQA. Potential project-specific actions that can feasibly achieve compliance include, but are not limited to, restrictions on construction timing to avoid nighttime hours, restrictions on the location of equipment and vehicle use within the construction site, installing noise mufflers on construction equipment, use of electric-powered vehicles and equipment, use of sound blankets on construction equipment, and the use of temporary walls or noise barriers to block and deflect noise. 5.13-2: To avoid or substantially lessen exposure to substantial permanent increases in traffic noise, the City shall, at the time of development application submittal, require the preparation of a traffic noise study that includes (1) the evaluation of potential traffic noise impacts of new noise sources (e.g., project- generated traffic noise increases) on nearby existing noise sensitive receptors (such as residential neighborhoods) and (2) require noise reduction measures (e.g., sound walls, rubberized asphalt) to prevent exposure of noise sensitive receptors to substantial noise increases, consistent with Table N-1 and incremental increase standards of no greater than 3 dB where existing levels are below 65 dBA CNEL, 1 dB where existing levels are between 70 dBA CNEL and 75 dBA and any increase where existing levels are above 75 dBA CNEL, as determined by the City. Project Applicant, Traffic Engineer At the time of development application submittal City of Rancho Cucamonga Community Development Department 5.13-3: The City shall require that project applicants analyze and mitigate potential noise impacts from new stationary noise sources (e.g., loading docks at commercial and industrial uses, mechanical equipment associated with all building types), to, as determined by the City, comply with the City’s daytime (7:00 a.m. to 10:00 p.m.) standards of 65 dBA Leq/50 dBA Leq (exterior/interior) and nighttime (10:00 p.m.-7:00 a.m.) standards of 60 dBA Leq/45 dBA Leq (exterior/interior), described in Development Code Section 17.66.050(F). The Project Applicant, Qualified Acoustical Engineer Prior to project approval City of Rancho Cucamonga Community Development Department Page 386 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 52 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) analysis shall be prepared by a qualified acoustical engineer or noise specialist and completed prior to project approval and can be completed as part of the environmental review process for projects subject to CEQA. Potential project- specific actions that can feasibly achieve compliance include, but are not limited to, the use of enclosures or screening materials (e.g., landscape buffers, parapets, masonry walls) around stationary noise sources (e.g., heating, ventilation, and air conditioning systems, generators, heating boilers, loading docks) or of noise suppression devices (e.g., acoustic louvers, mufflers). 5.13-4a: The City shall, at the time of development project application submittal, evaluate the compatibility of proposed noise sensitive uses (e.g., residences, lodging, schools, parks) with the noise environment to ensure noise compatibility standards (Table N-1) are met. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-4b: Applicants for development projects shall, at the time of application submittal, evaluate noise impacts for compliance with noise compatibility standards (Table N-1), and when noise attenuation measures are required, prioritize site planning that reduces noise exposure over other attenuation measures, particularly the location of parking, ingress/egress/loading, and refuse collection areas relative to surrounding residential development and other noise- sensitive land uses. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-4c: Applicants for development projects shall, at the time of application submittal, evaluate noise impacts for compliance with noise compatibility standards (Table N-1), and when noise attenuation measures are required, incorporate building orientation, design, and interior layout into the project to achieve compatible noise levels. For example, noise insulation materials (e.g., double-glazed windows and well-sealed doors) substantially lessen interior noise levels. In addition, interior building layouts that place active rooms, such as kitchens, between noise-sensitive rooms, such as bedrooms, and exterior noise sources, such as roadways, substantially lessen interior noise levels within the noise-sensitive rooms. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department Page 387 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 53 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.13-4d: The City shall require that mixed-use development be designed to minimize exposure of noise-sensitive uses from adjacent noise sources and require full disclosure of the potential noise impacts of living in a mixed-use development by requiring residential disclosure notices within deeds and lease agreements as a condition of project approval. Project Applicant Prior to occupancy City of Rancho Cucamonga Community Development Department 5.13-4e: The City shall review and comment on transportation capital projects and operations sponsored by Caltrans and other agencies to minimize exposure of noise-sensitive uses within the city to adverse levels of transportation-related noise, including noise associated with freeways, major arterials, bus transit, and rail lines. City of Rancho Cucamonga Prior to construction activities City of Rancho Cucamonga Community Development Department 5.13-5a: For development involving construction activities within 500 feet of existing sensitive land uses (places where people sleep or buildings containing vibration-sensitive uses), the City shall require applicants, at the time of application submittal, to prepare a project-specific vibration analysis that identifies vibration-reducing measures to ensure the project construction does not exceed applicable vibration criteria (e.g., FTA, Caltrans) for the purpose of preventing disturbance to sensitive land uses and structural damage. The analysis shall include, but is not limited to, the following requirements:  Ground vibration-producing activities, such as pile driving, shall be limited to the daytime hours between 7:00 a.m. to 8:00 p.m. on weekdays and prohibited on Sundays and holidays.  If pile driving is used, pile holes shall be predrilled to the maximum feasible depth to reduce the number of blows required to seat a pile.  Maximize the distance between construction equipment and vibration- sensitive land uses.  Earthmoving, blasting and ground-impacting activities shall be prohibited from occurring at the same time if simultaneous activity would result in exceedance of vibration criteria.  Where pile driving is proposed, alternatives to traditional pile driving (e.g., Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department Page 388 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 54 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) sonic pile driving, jetting, cast-in-place or auger cast piles, nondisplacement piles, pile cushioning, torque or hydraulic piles) shall be implemented when the project cannot otherwise demonstrate vibration levels in compliance with the structural damage threshold.  Minimum setback requirements for different types of ground vibration- producing activities (e.g., pile driving) for the purpose of preventing damage to nearby structures shall be established. Factors to be considered include the specific nature of the vibration producing activity (e.g., type and duration of pile driving), soil conditions, and the fragility/resiliency of the nearby structures. Established setback requirements (100 feet for pile driving, 25 feet for other construction activity) can be revised only if a project-specific analysis is conducted by a qualified geotechnical engineer or ground vibration specialist that demonstrates, as determined by the City, that the structural damage vibration threshold would not be exceeded.  Minimum setback requirements for different types of ground vibration producing activities (e.g., pile driving) for the purpose of preventing negative human response shall be established based on the specific nature of the vibration producing activity (e.g., type and duration of pile driving), soil conditions, and the type of sensitive receptor. Established setback requirements (500 for pile driving, 80 for other construction) can be revised only if a project-specific ground vibration study demonstrates, as determined by the City, that receptors would not be exposed to ground vibration levels in excess of negative human response vibration threshold levels, depending on the frequency of the event and receiver type.  All vibration-inducing activity within the established setback distances for preventing structural damage and negative human response shall be monitored and documented to compare recorded ground vibration noise and vibration noise levels at affected sensitive land uses to the applicable vibration threshold values. The results included recorded vibration data shall be Page 389 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 55 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) submitted to the City. 5.13-5b: For projects proposed within 600 feet of commuter rail/high-speed rail/freight rail, or rail with combined services, the City shall require applicants, at the time of application submittal, to prepare a project-specific vibration analyses to evaluate vibration exposure from nearby transit sources. The vibration assessment shall be prepared by a qualified acoustical engineer or noise specialist in accordance with Federal Transit Administration (FTA) vibration impact criteria, or other applicable City policy in place at the time of project application submittal. The assessment shall determine vibration levels at specific building locations and identify structural mitigation measures (e.g., isolation strip foundations, insulated windows and walls, sound walls or barriers, distance setbacks, or other construction or design measures) that would reduce vibration to acceptable levels for the receptor and source type. Project Applicant, Qualified Acoustical Engineer At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-5c: The City shall evaluate new transportation capital projects and operations sponsored by other agencies for structural vibration impacts and vibration annoyance impacts, consistent with City-approved methodologies (e.g., Caltrans, FTA guidance). City of Rancho Cucamonga Prior to construction activities City of Rancho Cucamonga Community Development Department Applicable General Plan Policies N-1.1: Noise Levels. Require new development to meet the noise compatibility standards identified in Table N-1. N-1.2: Noise Barriers, Buffers and Sound Walls. Require the use of integrated design-related noise reduction measures for both interior and exterior areas prior to the use of noise barriers, buffers, or walls to reduce noise levels generated by or affected by new development. N-1.3: Non-Architectural Noise Attenuation. Non-architectural noise attenuation measures such as sound walls, setbacks, barriers, and berms shall be discouraged in pedestrian priority areas (or other urban areas or areas where Page 390 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 56 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) pedestrian access is important). N-1.4: New Development Near Major Noise Sources. Require development proposing to add people in areas where they may be exposed to major noise sources (e.g., roadways, rail lines, aircraft, industrial or other non-transportation noise sources) to conduct a project level noise analysis and implement recommended noise reduction measures. N-1.5: Urban and Suburban Development Near Transit. Allow development located in infill areas, near transit hubs, or along major roadways an exemption from exterior noise standards for secondary open space areas (such as front yards, parking lots, stoops, porches, or balconies), if noise standards can be met for primary open space. N-1.6: Rail Crossing Quiet Zones. Allow the establishment of a full or partial at- grade rail crossing or quiet zone near transit hubs or residential development. N-1.7: Entertainment. Establish different standards for exterior noise consistent with the place type. N-1.8: Vibration Impact Assessment. Require new development to reduce vibration to 85 VdB or below within 200 feet of an existing structure. Page 391 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 57 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) TRANSPORTATION Page 392 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 58 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.17-1: Future development applications in the City shall be required to provide traffic impact analyses for review and approval by the City during the permit process to identify the traffic impacts of the project and the needed roadway and intersection improvements. Any identified on-site improvements and improvements to abutting roadways would need to be made part of the development. Coupled with the payment of DIF for the improvement of off-site roadways and intersections, traffic impacts would be mitigated on a project-by- project basis. Project Applicant, Traffic Engineer During permit process City of Rancho Cucamonga Community Development Department 5.17-2: Future developments with 250 employees or more shall comply with the South Coast Air Quality Management District’s (SCAQMD’s) Rule 2202, which requires the implementation of trip reduction measures as a means of reducing pollutant emission in the air basin. An employer subject to this Rule shall annually register with the SCAQMD to implement an emission reduction program, in accordance with this Rule. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.17-3: Individual projects shall provide the following, as determined applicable by City staff:  Provide car-sharing, bike sharing, and ride-sharing programs;  Improve or increase access to transit;  Incorporate neighborhood electric vehicle networks into the project;  Include project measures to reduce transportation requirements such as work from home and flexible work schedules;  Link to existing pedestrian or bicycle networks, or transit service; and/or  Provide traffic calming. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Applicable General Plan Policies OS-1.1: Equitable Access to Parks. Strive to ensure that at least one park or other public open space is within 1/2 mile or a 10-minute walk from homes and Page 393 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 59 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) jobs, without crossing major streets except at signalized crossings. OS-1.2: Underserved Communities. Prioritize the provision of new trails, parks, plazas, and other open space types in areas of the City that are underserved by parks, services, and amenities. OS-2.1: Trail Corridors. Extend, improve and complete the multi-purpose trail network, wherever possible, by utilizing existing flood control channel and utility corridor rights-of-way as public trail corridors. OS-2.2: Connectivity. Connect trails in Rancho Cucamonga to trails in the San Bernardino National Forest and other hillside open space areas. OS-2.3: Trailheads. Provide trailhead amenities such as parking, restrooms, information boards, and maps. OS-2.4: Equestrian Trails. Continue to maintain and pursue the development of planned trails and facilities for equestrian use. OS-2.5: Utility Corridors. Preserve the primary function of utility corridors while providing every reasonable opportunity for shared public use for active mobility and recreational purposes. OS-2.6: Design for Heat. Consider extreme heat in the design of streets, parks, trails, and playgrounds to support activity throughout the year and in all weather conditions by including shade trees, shade structures, water fountains, splash pads, lighting for night play in most spaces. OS-2.7: Access. Require new development to provide access to existing or future trails and provide appropriate trail amenities (e.g., benches, drinking fountains, hitching posts, bike stands, and other amenities). Page 394 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 60 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) OS-2.9: Trail and Park Sponsorship. Support the creation of partnerships with organizations to sponsor and maintain green spaces, parks, trails, and community gardens. MA-1.1: Transportation Leadership. Take a leadership role in local and regional transportation related planning and decision making. MA-1.2: Rancho Cucamonga Station Redevelopment. Support redevelopment in and around the Rancho Cucamonga Station to support transit-oriented development. MA-1.3: Funding. Support federal, statewide, and regional infrastructure funding for transit and transportation. MA-1.4: Local Mobility Hub. Require new development at mobility hubs and key stops along the future bus rapid transit and future transit circulator system to facilitate first mile/last mile connectivity to neighborhoods. MA-1.5: Provide Mobility Options. Provide roadway connections and local mobility hubs designed to capture 80% of the population and employment south of Base Line Road. MA-1.6: Boulevard Implementation. Require boulevards with high-quality transit to not only account for how transit service is impacted by the geometry of the corridor, but also by signal timing, signal phasing, turns, and other operations that may jeopardize the quality of service. MA-2.1: Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities. MA-2.2: Street Design. Implement innovative street and intersection designs to Page 395 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 61 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) maximize efficiency and safety in the city. MA-2.3: Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. MA-2.4: Street Vacations. Prioritize pedestrian and utility connectivity over street vacations. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. MA-2-6: Roadway Scale. Balance roadway size and design configuration to ensure that vehicular speeds, volumes and turning movements do not compromise the safety and comfort of pedestrians and bicyclists. MA-2.7: Facility Service Levels. Maintain level of service (LOS) D for priority modes on each street; LOS E or F may be acceptable at intersections or segments for modes that are not prioritized. The City will develop a list of intersections and roadways that are protected from this level of service policy. MA-2.8: New Streets. Require new roadway connections to improve emergency accessibility and roadway connectivity north of State Route 210 and within the Southeast Area. MA-2.9: Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel. MA-2.10: Master Planning. Master plan sites so as to ensure a well-structured network and block pattern with sufficient access and connectivity. Page 396 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 62 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) MA-2.11: Transportation Demand Management. Require new projects to implement Transportation Demand Management strategies, such as employer provided transit pass/parking credit, low-speed communications infrastructure for telecommuting, carpooling incentive, etc. MA-3.1: Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school, and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.2: Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. MA-3.3: Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area shown on Figure 8 to promote safety in the southwest area of the City. MA-3.4: Emergency Access. Prioritize development and infrastructure investments that work to implement, maintain, and enhance emergency access throughout the community. MA-4.1: Truck Network. Avoid designating truck routes that use collector or local streets that primarily serve residential uses and other sensitive receptors. MA-4.2: Southeast Area Connectivity. Require new development in the Southeast Area to provide the necessary infrastructure to maintain access and public safety as shown on Figure M-8. MA-4.3: Future Logistics Technology. Support and plan for electrification and autonomy of the truck fleet. MA-4.4: Rail Access. Avoid abandonment of rail access to industrial parcels or Page 397 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 63 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) utilize such right of way to balance and enhance other connectivity goals within the City (such as pedestrian/bicycle trails). MA-4.5: Grade Separation. Support the construction of grade separations of roadways and trails from rail lines. MA-5.1: Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non-automotive modes. MA-5.17: Emerging Technologies. Prioritize investments in critical infrastructure and pilot programs to leverage proven new transportation technology. MA-5.3: Funding. Remain flexible in the pursuit and adoption of transportation funding mechanisms that fund innovative transportation solutions. MA-5.4: Intelligent Systems Preparation. Upgrade the City’s ATMS and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. TRIBAL CULTURAL RESOURCES Standard Conditions of Approval 5.18-1: Inadvertent Archeological Find. If during ground disturbance activities, cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Cultural resources are defined as being multiple artifacts in close association with each other, but also include fewer artifacts if the area of the find is determined to be of significance due to its Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Ground Disturbing Activities City of Rancho Cucamonga Community Development Department Page 398 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 64 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) sacred or cultural importance as determined in consultation with the Native American Tribe(s). a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Planning Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Locations Condition. e. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archaeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. Page 399 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 65 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) f. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and tribal cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or tribal cultural resources, these issues will be presented to the Planning Director for decision. The City’s Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological and tribal cultural resources, recommendations of the project archaeologist, and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. 5.18-2: Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: g. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Rancho Cucamonga Planning Department: i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recording has been completed, with an exception that sacred items, Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Grading Activities City of Rancho Cucamonga Community Development Department Page 400 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 66 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) burial goods, and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a San Bernardino County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees by the Applicant necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American human remains, as defined by the cultural and religious practices of the Most Likely Descendant. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 5.18-3: Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a qualified Registered Professional Archaeologist (RPA), to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Registered Professional Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Registered Professional Archaeologist and the Tribal monitor(s), shall Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) Prior to Issuance of Grading Permit City of Rancho Cucamonga Community Development Department Page 401 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 67 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) independently have the authority to temporarily divert, redirect, or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Planning Department to ensure compliance with this condition of approval. Upon verification, the Planning Department shall clear this condition. In addition, the Registered Professional Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB 52 to address the details, timing, and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archaeologist and the Consulting Tribes(s) shall attend the pre- grading meeting with the City, the construction manager and any contractors, and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Page 402 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 68 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 5.18-4: Native American Monitoring. Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the requesting Tribe. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the Tribe and the land divider/permit holder for the monitoring of the project to the Planning Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Ground Disturbing Activities City of Rancho Cucamonga Community Development Department 5.18-5: Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Planning Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the South Central Coastal Information Center (SCCIC) at California State University, Fullerton and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s). Project Applicant, Registered Professional Archaeologist Prior to Final Inspection City of Rancho Cucamonga Community Development Department Page 403 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 69 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.18-6: Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Project Applicant, County Coroner If Human Remains are Encountered City of Rancho Cucamonga Community Development Department 5.18-7: Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). Project Applicant, County Coroner If Human Remains are Encountered City of Rancho Cucamonga Community Development Department Applicable General Plan Policies RC-4.1: Disturbance of Human Remains. In areas where there is a high chance that human remains may be present, the City will require proposed projects to conduct a survey to establish occurrence of human remains, and measures to prevent impacts to human remains if found. RC-4.2: Discovery of Human Remains. Require that any human remains discovered during implementation of public and private projects within the city be treated with respect and dignity and fully comply with the California Native Page 404 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 70 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) American Graves Protection and Repatriation Act and other appropriate laws. WILDFIRE Standard Conditions of Approval 5.9-1: Future development shall prepare a Fire Protection Plan that includes measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed development site. The Plan must also address water supply, access, building ignition fire resistance, fire protection systems and equipment, defensible space, and vegetation management. Maintenance requirements for incinerators, outdoor fireplaces, permanent barbeques and grills, and firebreak fuel modification areas are imposed on new developments. Project Applicant Prior to issuance of building permit City of Rancho Cucamonga Community Development Department Applicable General Plan Policies LC-2.9: Buffer Zones. Require development projects to incorporate buffer zones when determined to be necessary or desirable to serve as managed open space for wildfire safety and vegetation fuel modification. OS-1.10: Buffer Zones. Provide buffer zones, as appropriate and necessary, to serve as managed open space for wildfire safety and vegetation fuel modification. Buffer zones may include trails, small recreational amenities, information kiosks and signage, and even staging points for fire vehicles. MA-2.8: New Streets. Require new roadway connections to improve emergency accessibility and roadway connectivity north of State Route 210 and within the Southeast Area. MA-3.4: Emergency Access. Prioritize development and infrastructure investments that work to implement, maintain, and enhance emergency access Page 405 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 71 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) throughout the community. H-3.1: Homeless Services. Provide assistance as it becomes available towards efforts of local organizations and community groups to provide emergency shelters, transitional housing opportunities, and services to the city’s homeless population and those at-risk of homelessness. H-5.3: Development Review Process. Facilitate the development review process for new housing through multiple techniques, including staff assistance, public information, articles in the City’s newsletter, informal meetings with applicants, and Preliminary Review applications to address technical issues and facilitate the production of quality housing. RC-3.7: Urban Forestry Plan. Minimize damage associated with wind-and fire- related hazards and risks and address climate change and urban heat island effects through the development of an urban forestry plan that addresses and proper and appropriate landscaping, plant and tree selection and replacement, planting and vegetation management techniques. S-1.1: City Staff Readiness. Ensure City staff and departments demonstrate a readiness to respond to emergency incidents and events. S-1.2: Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate. S-1.3: Evacuation Capacity. Require new developments, redevelopments, and major remodels to enhance the city’s evacuation network and facilities and comply with the City’s Evacuation Assessment. S-1.4: WUIFA Access Points. Require all new developments and Page 406 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 72 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) redevelopments within the WUIFA to provide a minimum of two points of access by means of public roads that can be used for emergency vehicle response and evacuation purposes. S-1.5: Enhanced Circulation. In areas of the city with limited access routes and circulation challenges, require additional roads and improvements to ensure adequate emergency vehicle response and evacuation. S-1.6: Evacuation Road Widths. Require any roads used for evacuation purposes to provide at least 26 feet of unobstructed pavement width. S-1.7: Maintenance of Plans. Maintain and regularly update the City’s Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with the Community Wildfire Protection Plan (CWPP), the Emergency Operations Plan (EOP), the Evacuation Plan, and Standardized Emergency Management System (SEMS) compliant disaster plans to maintain eligibility for grant funding. S-1.8: Regional Coordination. Ensure regional coordination continues with neighboring jurisdictions, County, State, and Federal agencies on emergency management and risk reduction planning and activities. S-1.9: Mutual Aid. Ensure mutual aid agreements with Federal, State, local agencies, and the private sector establish responsibility boundaries, joint response services, and multi-alarm and station coverage capabilities. S-3.1: Fire Risk Reduction. Apply all state and local codes and regulations (fire safe design, adherence to Standard 49-1) to new development, redevelopment, major, and existing non-conforming uses remodels in the WUIFA. S-3.2: Fire Protection Plans. All new development, redevelopment, and major Page 407 of 882 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 73 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) remodels in the WUIFA will require the preparation of Fire Protection Plans (FPPs) to reduce fire threat, in accordance with Fire District policies and procedures. S-3.3: Vegetation Management. Owners of properties and public/ private roads within and adjacent to the WUIFA are required to conduct brush clearance and fuel modification to reduce fire ignition potential and spread. S-3.4: Buffer Zones. Require development projects to incorporate buffer zones as deemed necessary by the City’s Fire Marshal for fire safety and fuel modification. S-3.5: Water Supply. All developments will meet fire flow requirements identified in the Fire Code. S-3.6: Coordination with Agencies. Coordinate with State, regional, and local agencies and service providers on fire risk reduction planning and activities. S-3.7: Wildfire Awareness. Assist residents and property owners with being better informed on fire hazards and risk reduction activities in the WUIFA. S-3.8: New Essential Facilities (WUIFA). Prohibit the siting of new essential public facilities (including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities) within the WUIFA, unless appropriate construction methods or strategies are incorporated to minimize impacts. Page 408 of 882 December 2021 Page 74 Page 409 of 882 Attachment 2 Page 410 of 882 Page 411 of 882 Page 412 of 882 Page 413 of 882 1 RESOLUTION NO. 2023-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE EPICENTER MASTER PLAN, ADOPTING AN ADDENDUM TO A CERTIFIED RANCHO CUCAMONGA GENERAL PLAN UPDATE 2020 FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH A. Recitals. 1. The City of Rancho Cucamonga has prepared an Epicenter Master Plan for the city-owned parcels that make up the area commonly known as the Epicenter Sports Complex, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Master Plan is collectively referred to as the “Plan.” 2. On November 8, 2023, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Plan and concluded said hearing on that date. 3. On December 20, 2023, the City Council of the City of Rancho Cucamonga Conducted a noticed public hearing on the Plan and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Planning Commission hereby finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on December 20, 2023, including written and oral staff reports, together with public testimony, this City Council hereby finds as follows: a. The Plan area consists of city-owned parcels commonly known as the Epicenter Sports Complex, consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, associated parking lots and a City owned vacant lot at the northwest corner of Rochester and Arrow.; and Page 414 of 882 2 b. The parcels that are subject to the Plan include APN’s 229-012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72; and c. No privately owned parcels are subject to this Plan. d. The City prepared the Plan, which is included as Exhibit “A,” to this Resolution and are hereby incorporated by this reference as set forth in full. e. The Plan conforms to and does not conflict with the goals, policies, and implementation programs of the General Plan, including, without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan. f. Pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) and the City’s local CEQA Guidelines, the City Council, in December 2021, certified the Rancho Cucamonga General Plan Update 2020 Final Environmental Impact Report (EIR) (SCH No. 2021050261) for the City’s adoption of the 2020 General Plan Update (“PlanRC”) and Climate Action Plan, and adopted findings pursuant to CEQA and the State CEQA Guidelines (“Certified FEIR”). No new information has become available and no substantial changes to the circumstances under which implementation of the General Plan Update and Climate Action Plan has been undertaken since the certification of the FEIR occurred. The proposed Amendments would not substantially increase the severity of effects relative to the environmental topics analyzed in the Certified FEIR, nor would the proposed Plan require new mitigation measures or alternatives. An Addendum to the Certified FEIR for the PlanRC and Climate Action Plan was prepared for the adoption of the Plan pursuant to CEQA and State CEQA Guidelines Section 15164. The City Council has reviewed the Addendum to the Certified FEIR attached to the staff report accompanying the proposed Plan, along with the Certified FEIR, and, hereby finds the following: (1) Based on this evidence and all evidence in the record, concur with Planning Department staff’s determination that the proposed Plan will not have a significant effect on the environment and an Addendum is the appropriate level of environmental review under CEQA; (2) In the exercise of its independent judgment, conclude that the Addendum accurately describes the environmental ramifications of the adoption the Plan; (3) Based on the evidence in the record, including the Addendum, that the Plan does not require supplemental or subsequent environmental review because the Epicenter Master Plan (i) is not a substantial change to the PlanRC and Climate Action Plan analyzed under the Certified FEIR that would require major revisions to the previously Certified FEIR, (ii) is not a substantial change in the circumstances under which the PlanRC and Climate Action Plan are being undertaken that would require major revisions to the Certified FEIR, and (iii) do not constitute new information of substantial importance that was not known at the time the FEIR was certified; Page 415 of 882 3 (4) Find that if the Plan is adopted by the City Council, the impacts associated with the adoption of the Plan would be the same or less than those identified for the PlanRC and Climate Action Plan in the Certified FEIR, for the reasons set forth in the Addendum; (5) Exercising its independent judgment after considering the administrative record, adopt the Addendum to the Certified FEIR and reaffirm the findings adopted as part of the FEIR certification as remaining applicable to the Plan. 3. Based upon the findings and conclusions set forth in subparagraphs 1 and 2 of paragraph B above, the City Council hereby adopts the Plan as indicated in Exhibit “A”, and incorporated herein by this reference. 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF DECEMBER, 2023. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing resolution was introduced, passed and adopted at a regular meeting of the City Council held on the 20th day of December, 2023, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: ________ City Clerk of the City of Rancho Cucamonga Page 416 of 882 4 Exhibit A Epicenter Master Plan Page 417 of 882 Contents 1 | The Vision in Context.......................2 2 | Focus Area Concepts.....................20 3 | Development Regulations..........46 4 | Implementation Playbook..........62 Epicenter Master Plan City of Rancho Cucamonga Adoption Draft | December 2023 Page 418 of 882 CITY OF RANCHO CUCAMONGA | December 2023 | 1 Acknowledgements A Special Thanks: This Epicenter Master Plan and the vision, strategies, development standards, and implementation playbook herein, are a result of a collaborative effort between the City of Rancho Cucamonga’s professional staff, City Council, Planning Commission, and team of professional consultants. Specific acknowledgment is given to the following individuals: City of Rancho Cucamonga City Council L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchinson, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member Planning Commission Bryan Dopp, Chair Tony Morales, Vice Chair Diane Williams, Commissioner Al Boling, Commissioner James Daniels, Commissioner City Staff John Gillison, City Manager Elisa Cox, Assistant City Manager Matt Burris, Deputy City Manager Julie Sowles, Deputy City Manager Jennifer Hunt-Gracia, Director of Community Services Jason Welday, Director of Engineering Bill Wittkopf, Director of Public Works Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, Deputy Planning Director Katie Distelrath, Deputy Director of Community Services Jean Ward, Civic Solutions, Contract Project Manager Consultant Team Sargent Town Planning | Urban Planning and Design Lead, Master Plan Preparation David Sargent, Senior Principal Peter VanderWal, Principal, Project Director Andrew Krizman, Senior Urban Planner & Designer Michael Mabaquiao, Senior Urban Designer Javier Ballesteros, Associate, Urban Designer Studio One Eleven | Urban and Architectural Design Michael Bohn, Partner David Sabunas, Senior Design Director Matthew Wister, Studio Director The Lab | Feasibility Analysis Shaheen Sadeghi, Principal Roman Ciuni, Project Manager Chris Bennett, Operations Fehr & Peers | Traffic & Mobility Jason Pack, Principal Delia Votsch, Project Manager Keyser Marston Associates | Economics Kevin Engstrom, Senior Principal Page 419 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 32 01 1: THE VISION IN CONTEXT The General Plan envisions the Epicenter Master Plan Area as a fun, active district which serves as a destination for recreation, entertainment, and gathering. The General Plan states: “Opportunities for intensification around the Cucamonga Station and Epicenter Sports Complex present the high potential for Central South (Community Planning Area) to evolve into a significant, transit-oriented, mixed-use urban center and regional employment hub" (General Plan, page 25). This Plan is intended to implement that vision, ensuring that each new development, whether in the near term or further in the future, contributes to that long-term goal. While the Plan Area takes its name and much of its identity from the Epicenter Sports Complex—see the following pages on Plan Background & Context—the Epicenter Master Plan Area (or Plan Area) includes all the City- owned land within the 56-acre Plan Area boundary included on maps throughout this document (see page 6). This first Chapter covers the following topics: Plan Background & Context Leveraging & Connecting to the Context An Active, Connected Public Realm Phased & Shared Parking Strategy Introduction The Vision in Context Page 420 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 54 Plan Background & Context Following its incorporation as a City in 1977, Rancho Cucamonga grew explosively in population. As part of the City’s strategy for generating civic activity and a growing sense of community pride, the City constructed the Epicenter Sports Complex to attract a minor league ball club. Opened in 1993, it became the home of the co-branded Rancho Cucamonga Quakes ball club, attracting large crowds from throughout the Inland Empire. Located on Rochester Avenue, in a commercial and light industrial area south of Foothill Boulevard, the Epicenter Sports Complex now includes Quakes Stadium (referred to throughout this Plan as the Stadium), three softball fields available for community leagues and tournaments, one little league baseball field, and a new Sports Center east of Rochester Ave. These athletic facilities are surrounded by surface parking lots that are rarely utilized to capacity, even when the Quakes are playing. The Epicenter Master Plan Area takes its name from the Epicenter Sports Complex, but it now hosts a variety of other uses as well. South of the softball fields are the Sofive Soccer Center fields, hosting 5-on-5 and 7-on-7 soccer. On Arrow Route, the City's Animal Center cares for and finds new homes for abandoned pets and other animals. The City recently acquired a vacant parcel on the corner of Rochester Ave and Arrow Rte for a future, larger, more public-facing Animal Center expansion facility. From 2019 to 2021, the City comprehensively updated its General Plan, through a process of extensive community engagement and consultation. Through that process, creating a complete downtown for this former bedroom suburb of Los Angeles emerged as a top-level community priority. A Downtown Focus Area Plan was included in the new General Plan (page 102), envisioning and illustrating how the Epicenter Master Plan Area would become part of the expanded Downtown Rancho Cucamonga. Strategies for achieving this included street and trail improvements to bring the Plan Area within a pleasant walk, bike ride or short transit ride of Foothill Boulevard, Victoria Gardens, and Cucamonga Station just a mile away to the southwest. In 2022, the City undertook preparation of this Master Plan to accelerate the vision for Downtown Rancho Cucamonga and to address two important challenges of the Plan Area: 1) there is not enough community activity throughout each day and each season of the year, and 2) there is not nearly enough revenue to cover what the City spends maintaining its 56-acre holdings in the Plan Area. Therefore, this Master Plan is intended to guide new public and private investment and development in the Plan Area to ensure that they enhance and expand the range of community-serving activities and amenities and that they generate enough revenue to support those resources—rather than “privatizing” important public amenities. 23 3 3 3 2 1 2 4 5 min. walk 10 min. walk 5 min. bike 5 min. electric bike/scooter 4 7 5 5 6 6 Legend 2 3 4 Planned BRT Stations Planned Multi-Use Paths Significant expected housing and mixed-use development 1 Existing Cucamonga Station (Metrolink) with planned high-speed rail and bus rapid transit 6 7 5 Transit Priority Street, per General Plan Victoria Gardens Bike Priority Street, per General Plan Planned High Speed Rail StationVictoria Gardens Day Creek Channel Park visionStadium facade Sports CenterPromenade connecting baseball, softball, and soccer fields (circa 1991) 1: THE VISION IN CONTEXT Page 421 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 76 Leveraging & Connecting to the Context The Epicenter Master Plan Area (see map to the right) has the potential to capitalize on its proximity to nearby amenities, synergistic uses, and multiple major transportation routes and destinations. The major transportation routes and destinations were identified on the previous spread (pages 4 and 5), but the area immediately surrounding the Plan Area also presents an interesting mix of constraints and opportunities for the planned mixed-use sports and entertainment district. The surrounding properties are all privately owned and mostly commercial and industrial in use, suburban in character, and separated from one another and from the Plan Area by security fences and walls. On the surface, that would appear mainly to present constraints. However, there are clear opportunities for the owners of those properties and businesses to derive new customers and new value from an increasingly popular district centered on the Epicenter Sports Complex, and there are relatively straightforward opportunities to create new connections between several of those properties and the Plan Area that might benefit all parties. The Framework, concepts, and regulations of this Master Plan aim to create and strengthen ties to these nearby opportunities as well as more distant ones via transit and bicycle routes. Multi-use path; direct alignment to be determined Epicenter Master Plan Area Connectivity opportunities between the Plan Area and its context that are explored throughout this Master Plan 1: THE VISION IN CONTEXT Arrow Rte Foothill Blvd Jack Benny Dr Day Creek BlvdSebastian WayMasi DrStadium Way Stadium Way Rochester AveStadium Softball Softball Softball Soccer Animal Center Little League Animal Center Expansion Site Sports Center Substation Page 422 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 98 A Walkable Framework The expanded activity and mix of uses envisioned for the Plan Area must be linked to each other and to the context with a clear, walkable urban framework. Therefore, this Master Plan organizes the area into a number of walkable blocks, defined and interconnected by a network of streets oriented to pedestrians and bicyclists, and also accommodating significant amounts of vehicular traffic and parking. This framework, shown in the diagram above, will systematically evolve the Plan Area from its current condition as isolated sports facilities surrounded by surface parking lots to its envisioned future as a lively sports and entertainment district. The existing public green—referred to as Epicenter Green in this Plan—at Rochester Ave and Stadium Way is to be enhanced as the central public space and activity hub of the new district. The Vision Existing Anchors This district is unique because of its proximity to Foothill Boulevard and because of its three major City assets: the Stadium, Sports Center, and Animal Center. All three of these anchors will continue to evolve throughout the lifetime of this Plan. The Sports Center continually tailors its programming to the community, the Animal Center aims to expand to better serve its mission, and the City is seeking to take better advantage of the Stadium as a year-round multi-use venue (see page 37). The uses and amenities described throughout this Master Plan are intended to complement and leverage these existing, district- defining anchors. New, Lively Uses Within each block, opportunity sites for new commercial and mixed-use developments are defined in this Master Plan (see Chapter 2). High-priority opportunity sites include those facing the Epicenter Green, facing Stadium Way as it connects the Stadium to the Sports Center, and facing Rochester Ave and Jack Benny Drive. Attractive new buildings or similar facilities and a growing array of lively new uses and activities along these streets that connect the Plan Area to the rest of the Downtown are critical to realizing the community's dream. Near-Term Activation Initial possibilities for activation include simply leasing some of the parking spaces along key street frontages to vendors who operate outdoor food, beverage, and retail establishments out of temporary or low-cost structures and shipping containers. Such interventions are referred to as “tactical” because they can be established relatively quickly, have a relatively low cost, and need not displace many parking spaces. Near-Term Action Items are identified in the beginning of Chapter 2. A Feasible Mix of Uses Despite the near-term activation possibilities mentioned above, there is a limit to how many new food, beverage, and retail establishments can thrive in the Plan Area without other new uses and attractions. The Stadium, Sports Center, and other athletic fields do not routinely attract enough visitors to support a large number of restaurants or shops, who must have customers all day every day to stay in business. Through economic feasibility study and in consultation with food, beverage and family entertainment businesses, the City's design and economic consultants confirmed that such businesses are attracted to mixed-use districts where a significant concentration of residents and jobs are already present or nearby, to provide them with a steady supply of "built-in" local customers—in addition to the visitors attracted by anchors. While the Plan Area is currently located in an employment district, the district is of quite low intensity in terms of employees per acre and per day in the vicinity. Significant amounts of new housing and office space are planned along Foothill Boulevard less than a half-mile to the north—many of which are anticipated to be occupied within the next few years. Therefore, it is a priority of this Master Plan to provide multimodal connections to this new housing and to nearby businesses, and to provide a home for new jobs and businesses within the Plan Area. This priority to both host new development and connect to nearby uses is reflected in the network described on pages 12–16, the development concepts illustrated in Chapter 2, and the standards of Chapter 3. 4 4 4 4 An active district can be initiated in the near-term.Mixed-use places attract a wide range of visitors. For more on the walkable framework, see an An Active, Connected Public Realm on page 12.For more on Development Concepts, see Chapter 2: Focus Area Concepts on page 20. 1 Legend 1 4 2 3 Walkable Blocks: Potential Development Sites Gateway Intersection (see page 16) The Fault Line Promenade linking the Epicenter and Sports Center Potential Pedestrian-Priority Routes (also accommodating bikes where possible) Multi-Modal Internal Streets Open Spaces 2 3 3 1: THE VISION IN CONTEXT Plan Area This diagram illustrates the intent of the plan framework. The Regulating Plan (Section 3.1) and associated standards implement this vision. Arrow Rte Jack Benny Dr Stadium Way Stadium Way Arrow RteRochester AveSebastian Way Victory DrEpicenter Green (see page 26 and Standard EG-1 in Section 3.2) Page 423 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 1110 Design Approach With feasibility in mind, the planning team studied a series of development scenarios for the Plan Area, with lively retail, food and beverage and entertainment uses on the ground floors and new hotels, offices, and other supportive uses on upper floors of mixed-use buildings. These uses can be supported by structured parking for visitors, tenants, customers, and for the ballpark and Sports Center. Potential strengths of this approach to building new activity and value in the Plan Area—particularly in the context that the new General Plan provides for the future of this area—include: Implementation Strategy In order to jump-start the evolution of the Plan Area from its current condition to a lively mixed-use district, a strategy of phased improvement and activation is recommended. The City of Rancho Cucamonga is well known for acting purposefully, rather than waiting for something good to happen. Mixed-Use Leverages Value Much of the ground floor area of mixed-use buildings—and often upper floor areas as well—is devoted to parking, with the street-facing ground floor spaces reserved for the retail, food and beverage, and entertainment uses prioritized for the Plan Area. Mixed-use buildings with offices or hotel rooms above those lively uses tap the “air rights” of the City’s property to generate more value and revenue for the City, much of which can be used to construct new public space and recreational amenities for the district, and for the community. Shared Parking is Efficient In downtowns and other mixed-use districts, parking supplies can be flexibly shared among various users, reducing the total number of spaces and associated costs and acreages, freeing up capital and land for the lively fun uses the community wants. Given the anticipated mix of uses in the Plan Area, it is anticipated that the busiest time for restaurants and entertainment uses would be when there is a game or event at the stadium, such that a single parking space would accommodate several stadium visitors who would also be patrons of one or more of the surrounding businesses during their visit. The same is expected to be true of families attending community sporting events. And when large events are not in session, there will be more than enough parking for all the businesses. Supporting the Foothill Blvd Downtown Environment (see Focus Area 1 on GPU page 102) As Victoria Gardens has demonstrated over the past 20 years, a lively, pedestrian-oriented environment with a mix of fun and useful businesses is a fine amenity and center of community activity, and also brings in visitors and their spending money from the surrounding region. It is worth noting that Victoria Gardens was originally planned as a mixed-use development, with the large parking blocks surrounding the retail center laid out for future housing infill. Several of those housing projects are just now in the planning stages and are anticipated to be constructed in the next few years. The Plan Area likewise has the potential to capitalize on nearby residents, as several housing and mixed-use projects along Foothill Boulevard to the north of the Plan Area are planned. The Plan Area can complement and synergize with Victoria Gardens and the rest of Focus Area 1 (General Plan, page 102) to deliver much of the envisioned “real downtown Rancho Cucamonga” within years, rather than decades. 1. Recruit Investment and Development Beginning prior to Master Plan adoption, and continuing indefinitely, the City should actively recruit businesses to provide new food and beverage, retail, recreational and entertainment uses within the District. Initial recruitments will likely be “tactical” vendors, as described in item 3, below; in later phases of development, this will also include tenants within ground floor spaces of new mixed-use buildings. 2. Adopt this Master Plan This Plan is a flexible framework for organizing the land within the Plan Area into urban blocks, with a network of beautiful, comfortable, human-scale public spaces connecting them and providing valuable new addresses for new uses and development. 3. Near-Term Action Items Build and Activate the Hub (see pages 24-33) As a catalytic public improvement to increase the pace and quality of business recruitment, the City should improve the existing park at the main entry to the Stadium and softball fields, and also Stadium Way as it enters from Rochester. In this Master Plan, this park is referred to as the "Epicenter Green." New branded streetscape, signage and landmarks will signal that this is the hub of an important place and regional destination. New branding and signage should provide a unified identity for the Stadium, ballfields, Sports Center, and future mixed-use district. Improvements to the pedestrian promenade coming in from the park are also recommended. These public improvements will provide the area with an impressive new “front door,” and a new address for the early phases of new businesses and amenities. Concurrently with the park and Stadium Way improvements, food trucks and similar “tactical” (temporary or mobile) food and beverage amenities can be invited to set up along the edges of existing parking lots that face into the upgraded park. The City should also increase the programming of the park, with activities that might include outdoor movies on a large screen many evenings, a weekly farmers market or other public market event, periodic or seasonal street fairs, and other community events. All such events should be promoted via district signage, online, and print media. 4. Longer-Term Vision Build Around the Hub (see pages 36-45) Through on-going recruitment and requests for development proposals, the City should actively seek to sell or ground lease opportunity parcels as defined in the Master Plan. After the improvement of the Epicenter Green, next phases of catalytic development could occur on either side of the Green and to the northeast of Rochester Ave and Stadium Way, as depicted in Chapter 2. Recruit tactical vendors Hotels over active uses leverage value A Master Plan organizes the effort Shared parking The hub to serve as gateway, or “front door” Pedestrian-oriented environment Build around the hub Sports Center Ro c h e s t e r A v e Stadium The Hub Stadiu m W a y Stadium WayRochester Ave1: THE VISION IN CONTEXT Page 424 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 1312 An Active, Connected Public Realm A Multi-Modal Network Per the General Plan Toolkit Part 3, it is imperative that, with new development, a human scale network of multi-modal streets and public spaces with active frontages be systematically extended into large vacant or underutilized sites (General Plan, page 308). Multiple drives already exist within the Plan Area, offering access to parking lots and existing uses, but they should be improved and fronted to create a vibrant, walkable environment. New connections and spaces should be introduced as diagrammed above and described in this section. The Chapter 3 standards of this Master Plan ensure that this multi-modal network is implemented over time with any new development. 1 Multi-Modal Streets In coordination with wider bike network improvements, Rochester Ave and Arrow Rte are envisioned to feature more comfortable and safe bike lanes over time. Also, just to the east of the Plan Area, Southern California Edison land is planned to feature a multi-purpose trail, and the General Plan (Figure M-4, page 157) identifies Jack Benny Dr (and its continuation to Day Creek Blvd) as a Community Trail. These routes link to Foothill Blvd, Victoria Gardens, and beyond. In order to leverage this multi-modal context, streets within the Plan Area should be made safe for both cars and cyclists, with wide sidewalks for pedestrians, shaded by trees. Some portions of streets, such as the portion of Stadium Way which curves around the Epicenter Green, can further prioritize pedestrians and cyclists. Potentially, that curve could be designed as a shared curbless street which can be closed to traffic for big events. A safe, comfortable multi-modal street network Bike lanes could be protected by parked cars. A multi-modal network offers connections to nearby bus lines on Milliken Ave and Foothill Blvd. Medians make streets crossable and beautiful. Bike lanes could be raised—whether up on the sidewalk or between sidewalk and street level—for greater safety. Internal streets in the Plan Area need to prioritize the pedestrian experience. In priority locations, such as Stadium Way west of Rochester Ave, a curbless design could allow for the street segment to be temporarily closed to vehicular traffic for special events or game days. Legend 1 2 3 3 3 Epicenter Green (see page 26 and Standard EG-1 in Section 3.2) Gateway Intersection (see page 16) The Fault Line Promenade linking the Epicenter and Sports Center Potential Pedestrian-Priority Routes (also accommodating bikes where possible) Multi-Modal Internal Streets Open Spaces 2 1: THE VISION IN CONTEXT This diagram illustrates the intent of the plan framework. The Regulating Plan (Section 3.1) and associated standards implement this vision. Arrow Rte Jack Benny Dr Stadium Way Stadium Way Arrow RteRochester AveSebastian Way Victory DrPlan Area Page 425 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 1514 The Fault Line Promenade Various existing and potential pedestrian routes, as diagrammed on page 12, have the opportunity to stitch the area together and lessen the need to drive between destinations. Particularly important is the route from the Sports Center to the Stadium entrance, which could be branded The Fault Line to complement Epicenter branding and improve wayfinding. This should become a beautiful, comfortable promenade forming an east-west spine through Focus Area North. Its edges should feature . The first phase of The Fault Line (west of Rochester Ave) is a key Action Item (see page 29) intended to bring life to the gateway to the Epicenter. Open Spaces Open spaces serve as outdoor rooms for the community and give an area a sense of place. The Epicenter already has a great amount of open space, considering the size and number of ball fields as well as the Epicenter Green. Key to the success of the area will be leveraging these existing spaces with robust, creative programming and strategic improvements to make the spaces more attractive and more flexibly usable. An elegant promenade shade structure Flexibly-programmable open space Gateway hub: Epicenter Green Sports Center: underutilized landscaped area* Frame outdoor rooms with new development Actively utilized open space Tactical hub of activity, featuring food trucks Flexible-use edges of streets and open spaces Along the Epicenter Green, the Fault Line promenade should be lined with tactical uses (see page 30), gathering, and outdoor dining and be highly connected to the open space. The promenade along Stadium Way, east of Rochester Ave, can provide extra space to accommodate bikes and other active means of transportation. 1: THE VISION IN CONTEXT *Alterations to this area would need to accommodate the needs of the Sports Center Water Quality Management PlanPage 426 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 1716 Creating a Gateway The intersection of Rochester Ave and Stadium Way is intended to serve as an impressive new “front door” to the area. This intersection should visually celebrate one’s arrival at the Epicenter. To announce the gateway, vertical, tower-like elements could flank the street, or a structure could even span the street. Paving materials, with distinct colors and patterns, can also draw attention and slow drivers, making the intersection safer for pedestrians and cyclists. Pedestrian and cyclist crossing should be facilitated, in order to strengthen the connection between the Sports Center and new development on the east side of Rochester Ave with the rest of the Plan Area to the west of Rochester Ave. Furthermore, new development and improvements should enhance all 4 corners of this gateway, as illustrated to the right. Vertical Monument or Structure Gateway structure could include bike storage. Corner Entry to Active Use Corner Plaza Attractive Wall/Screen for Substation 1: THE VISION IN CONTEXT Page 427 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 1918 1 4 4 1 1 1 2 33 3 Phased & Shared Parking Strategy Empty Lot Opportunities Overflow surface parking supporting the first phases of development could be provided on vacant or under-utilized land, such as the northwest corner of Rochester Ave and Arrow Rte (which will be home to the Animal Center in the longer term). This is an affordable and convenient near-term solution. Making Way for New, Fun Uses Remaining Lots At each phase of development, and especially in the foreseeable future, many existing surface parking spaces will remain, along with their solar collectors. In places where surface parking is relocated, the solar collectors can move along with them—whether to other surface lots or on top of parking structures. In all cases, parking should be well screened by liner uses or landscaping. Shared Structures A shared parking structure, ideally located within Focus Area North (see Chapter 2), would free up a lot of valuable land around the hub of the Plan Area. Parking arrangements could allow some spaces to be dedicated to certain users, while other spaces are available for public use. Park Once Strategy Legend Adjacent privately-owned parking: potential sharing opportunities Near-term parking opportunity on empty lot (before the Animal Center expands to this location) Walkable routes to Epicenter from parking The above inventory demonstrates how robust the supply of parking is in and around the Epicenter. The existing supply, even with only minimal sharing of parking between uses, easily accommodates the busiest days of the year—including sold-out baseball games. In order to accommodate new development as envisioned by this Master Plan, some lots will need to be displaced, and the necessary parking demands will need to be met through more efficient, creative means than a sea of surface parking. Strategies for phasing and sharing parking should be formally spelled out through a Parking Management Plan (see Concept 3C on page 72). Example strategies are described on the following page. There is currently an over-supply of parking in the wider context. This Master Plan strongly supports the strategy of coordinating and negotiating with neighbor properties to share parking, to the benefit of all property owners and visitors. A walkable network connecting all parking and uses allow visitors to park once while visiting multiple destinations in the area. 1: THE VISION IN CONTEXT Lots A through F are lettered to facilitate referencing. These lot letters are used in the Playbook spreadsheet to describe possible locations of new uses, improvements, and programming (see Chapter 4).Ar row R te Rochester A v e Plan Area Page 428 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 2120 02 A wide variety of development possibilities could accomplish the vision for the Epicenter Master Plan Area. The range of preferred possibilities, however, varies by both location and by point in time. For that reason, this Chapter explores development and improvement concepts through the lens of Focus Areas in both the near- and long-term. Concepts and priorities are included to describe and illustrate how each new development, whether in the near term or further in the future, contributes to the longer-term goal. While this Master Plan applies to the entire Plan Area, the specific concepts explored here focus on land currently owned by the City, as it is not known if or when privately held land may be redeveloped. This Chapter includes the following sections: Introduction Focus Area Concepts Focus Areas Introduction Near-Term Action Items: Focus Area North Longer-Term Vision: Focus Area North Near-Term Action Items: Focus Area South Longer-Term Vision: Focus Area South 2: FOCUS AREA CONCEPTS Page 429 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 2322 Focus Areas Introduction Focus Area South The southern portion of the plan area features more existing uses than Focus Area North, including the Animal Center and Sofive Soccer Center. Therefore, minimal change is anticipated in the near term. Eventually, the Animal Center is expected to grow—with a new building at Rochester Ave and Arrow Rte—and other uses could expand the active environment envisioned for Focus Area North. Focus Area North Focus Area North features the gateway to both the Stadium, softball fields, and the Sports Center, at the intersection of Rochester Ave and Stadium Way. As described in Chapter 1, this area is intended to serve as a hub, and the existing green—referred to here as Epicenter Green—can be improved and utilized as a significant destination. The open parking lots which fill most of this focus area offer a relatively blank slate, which can accommodate new, exciting activity and development. This Master Plan identifies and studies two focus areas: Focus Area North and Focus Area South, labeled above as 1 and 2, respectively. The following pages identify the unique existing conditions and possibilities associated with each of these focus areas in both the near- and longer-term. They are envisioned to play slightly different roles, especially in the near-term. 1 2 1 2 2: FOCUS AREA CONCEPTS Arrow Rte Jack Benny Dr Stadium Way Stadium Way Arrow Rte Rochester AveSebastian Way Victory DrPlan Area Page 430 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 2524 Near-Term Action Items Focus Area North Build and Activate the Hub As discussed in Chapter 1, the Epicenter Green and its context can serve as a hub for the area. In the near term, it can become a fun and active gateway to both the Stadium, softball fields, and the Sports Center. Strategic enhancements to the Epicenter Green and its context, along with tactical structures or vehicles hosting food, beverage, and other commercial uses, can bring life to the area soon. This spread identifies six Action Items which are intended to create and improve this hub; these Action Items are described on the following pages. Alongside these action items, the stadium should feature increased programming to become a more active year-roung anchor, as discussed in Chapter 1. Programming which requires no significant alterations to the stadium can be accommodated in the near term, but in the longer term, the stadium could be adapted to more flexibly host a wider range of events. This is discussed further on page 37. 1 133 4 4 6 6 6 6 5 5 6 2 2 22 3 2: FOCUS AREA CONCEPTS 5 Legend 1 2 3 6 7 7 4 5 Improve the Epicenter Green Introduce Promenades Tactical Activation Manage Parking Stadium Programming Improve the Beer Garden Connect to Sebastian Way (see connection standards in Chapter 3) Stadium W a y Rochest er Av e Stadium Way Stadium WayRochester AveJack Benny Dr Sebastian Way Plan Area Page 431 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 2726 Action Item #1: Improve the Epicenter Green The park at the southwest corner of Stadium Way and Rochester Ave has the opportunity to serve as an active public space and front door to the area. Walkable promenades should line its edges, creating an enjoyable connection between Rochester Ave, nearby parking, and the entry to the baseball fields. The design of the park itself should flexibly accommodate a wide range of events and programming, from farmers markets to movies and yoga. New branded streetscape, signage and landmarks will signal that this is the hub of an important place and regional destination. See Standard EG-1 in Section 3.2 for access and size requirements. 1 A A A B C F F E C E C C C D C D B Create an open space which can contain furniture and play equipment but remains mostly open and flexible. Existing trees within the space should be preserved. Create a central stage to anchor the space and accommodate performances and other events. Organize sidewalks and promenades (see Action Item #2) to give a clear form to the space and connect it to the context. Improve the existing beer garden to better engage Stadium Way, the Epicenter Green, and the entry to the Epicenter and softball fields (see Action Item #4). Create a small corner building which marks the gateway to the Epicenter Green at the southwest corner of Rochester Ave and Stadium Way. This structure could serve various uses in support of operations and visitors, such as: bike parking, ticketing offices, service storage, and public bathrooms. Create an iconic structure to shade tactical retail and restaurant uses (see Action Item #3). A large billboard-like sign and screen could: 1) serve as a branding opportunity visible from Rochester Ave; 2) screen movies; and 3) live-stream games and events taking place in the Stadium. For movie nights and certain events, the Epicenter Green could be ticketed or extra revenue could simply be generated from the additional traffic for the tactical retail and food and beverage establishments. Approaching the Epicenter Green from Rochester Ave and Stadium Way Smaller shade structures could also offer shade for walking and gathering along the edges of the space. Stadium W a y Stadium Way Rochest er Av e Rochester Av e E D 2: FOCUS AREA CONCEPTS Page 432 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 2928 Action Item #2: Introduce Promenades Promenades and sidewalks play a critical role in the multi-modal public realm network described in Chapter 1 on pages 12 to 17. Along the south and east edges of the Epicenter Green, a first phase of the Fault Line (page 14) can be built. Promenades will eventually connect the Epicenter and softball fields to the Sports Center and ultimately, to the multi-use path in the SCE property. While the overall network will accommodate cyclists at certain locations, this near-term portion is to be focused on the pedestrian experience and lined with activity (see Action Item #3). The portion along the southern edge of the Epicenter Green is to be a direct continuation of the existing promenade between Stadium and softball field. 2 Minor sidewalks, such as those within the Epicenter Green and along Stadium Way also provide a comfortable route that can host seating and be lined by tactical retail and food and beverage establishments (see Action Item #3). Flexibly-programmable open space, activated by tactical structures, such as tents or food trucks. A place to watch the game and play A place for strolling, gathering, and visiting tactical dining and retail A place for community fitness and wellness Action Item #1 Continued 2: FOCUS AREA CONCEPTS Page 433 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 3130 Action Item #4: Improve the Beer Garden The current stadium beer garden near stadium way provides tables and chairs, but it fails to activate the adjacent public realm. This space should better serve as a dining and drinking terrace which overlooks and engages the promenade, Stadium Way, and Epicenter Green. Furthermore, it could be used outside of game days to support activity in this gateway hub area. This can be achieved by maintaining visibility between the beer garden and other spaces and creating a more monumental entrance to Stadium Way, while still meeting the Alcoholic Beverage Code. Furthermore, elements such as shade structures, planted trellises, string lights, and small trees can bring beauty and shade. Drinking and dining covered by a trellis and canvas sailsThe existing space, closed off from its surroundings Structures can provide shade and a sense of enclosure while maintaining high visibility to the surroundings. 4 Action Item #3: Tactical Activation Tactical structures—such as tents, food trucks, and shipping containers—can allow food, beverage, and retail uses to line the public realm during events or throughout the year. When successful, such uses can remain as they are indefinitely or they can become housed in more permanent spaces within new development in the future. This activation could be as simple as food trucks and/or tents, or the City could build an attractive shade structure and lease space under it to retail. The design shown to the left proposes such a structure lining the southern portion of Epicenter Green, allowing retail and food and beverage establishments to front onto the green. Shipping containers, food trucks, and airstreams can serve as micro-commercial spaces on any edge of the Epicenter Green. For example, food trucks could easily park along Stadium Way, lining Epicenter Green. Shade structures make it easier to host events and temporary uses, such as markets. 3 2: FOCUS AREA CONCEPTS Page 434 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 3332 Action Item #5: Connect to Sebastian Way Several of the parking lots serving the commercial buildings directly to the north of the Epicenter ballfields extend to the south edge of those properties, so that a simple opening could provide access between the Epicenter and those businesses for pedestrians, bicyclists, and motorists (see Standard C-1 in Chapter 3). This could provide a flow of potential new customers for the existing businesses in those buildings, which lack the exposure that the commercial center to the north has by virtue of its frontage on Foothill Boulevard. In the longer term, such connectivity might enable the owners of those buildings to lease spaces to food and beverage businesses or sports and entertainment businesses. Additionally, potential parking sharing or leasing arrangements with these surrounding businesses could allow them to get more value from their parking lots which are underutilized in the evenings. A connection to Sebastian Way would also put the hundreds of planned new housing units along Foothill Boulevard within a comfortable 5- to 10-minute walk—or even shorter bike ride—of the amenities of the Plan Area. In the near-term, such a connection should be made extending from the improved Epicenter Green, around the outfield of the Stadium, and up north to Sebastian Way. There are a number of alternatives regarding the design of this route, depending on budget and access needs. In the near term, it could be as simple as an improvement and extension of the existing sidewalk and drive, or it could be a redesign of the existing drive into a shared multi-modal way. In either case, this shall be a phased approach resulting in a full multi-modal way in the long-term. Action Item #6: Manage Parking There is currently a surplus of parking in the Plan Area and within adjacent private developments. However, now is the time for the City to begin monitoring the use of its parking lots in order to inform future shared parking interventions as the Plan Area is developed. The cost of new parking solutions—such as structured parking—can limit the development potential of the area, so first phases should take advantage of low-cost, strategic opportunities that already exist. In the near-term, most existing parking lots will remain—along with their solar collectors—and can support new tactical uses around the improved Epicenter Green. As the level of activity and success of the area grows, some overflow parking may be necessary during specific time periods. First, overflow surface parking supporting the initial phases of development could be provided on vacant or under-utilized land, such as the northwest corner of Rochester Ave and Arrow Rte (home to the Animal Center in the longer term). If and when more parking is needed, opportunities exist for sharing parking with nearby developments, as identified and discussed in Chapter 1 on page 19 and Action Item #5 on page 32. These are affordable and convenient near-term solutions.Ar row R te Rochester A v e Sebastian Way Epicenter Green Beer Garden Stadium Commercial to North Stadium W a y Epicenter Green Rochester Ave Future Housing and Mixed-Use N N Stadium Commercial Uses and Under-Utilized Parking Masi Dr Sebastian WayFoothil l B lvd Stadium W a y Linking the heart of the Plan Area to Sebastian Way creates a synergistic connection with many nearby uses. 6 5 Overflow parking opportunity at Arrow Rte and Rochester Ave The Plan Area currently has a surplus of parking space. 2: FOCUS AREA CONCEPTS Page 435 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 3534 5 3 4 1 2 6 Near-Term Strategies for the Future Animal Center Lot Animal-Oriented Use The empty lot at the northwest corner of Rochester Ave and Arrow Rte, which is reserved for a future Animal Center expansion, could accommodate an interim animal-related use on a lease that would expire when the Animal Center is expected to be built. This would put this location on the map for pet-owners, paving the way for the future Animal Center. Overflow Parking on Existing Land Remaining vacant land (excluding that needed for any interim animal-oriented use per above) could accommodate short-term, temporary overflow parking in support of interim uses and new activity in Focus Area North. If used for parking, the lot shall be layered with dust-mitigating ground cover, such as decomposed granite or gravel. The lot is largely flat, but it shall be graded where necessary to create a walkable surface. Support Existing Uses which Support Vision Athletics-related uses and the Animal Center form part of the long-term vision for the area. Whether they remain as they are now or evolve over time, these uses should be supported. However, the automobile-related use on the private property at Rochester Ave and Jack Benny Dr does not contribute to the evolving identity of this area. If its property owner so chooses, it could be redeveloped to better complement the other Plan Area uses. 3 1 2 Minimal Near-Term Change The southern portion of the plan area features more existing uses than Focus Area North. Therefore, minimal change is anticipated in the near term. The empty lot at the northwest corner of Rochester Ave and Arrow Rte is reserved for a future Animal Center expansion in the longer term, but it could accommodate overflow parking and/or an interim animal- related use in the near term. The existing private property north of that corner site (see #6 in the above diagram) is not currently available for redevelopment, but if its property owner so chooses, it could eventually become a use that better complements the Epicenter character and other Epicenter uses. Legend 1 2 3 4 5 6 Future Animal Center Site Overflow Parking Opportunities Existing Animal Center Existing Little League Field Existing Sofive Soccer Center Existing Private Property Way Stadiu m Rochester AveJack Benny Dr Arrow RteVictory Dr2: FOCUS AREA CONCEPTS Near-Term Action Items: Focus Area South Plan Area Page 436 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 3736 Longer-Term Vision: Focus Area North An All-Day, Year-Round Active Environment The near-term activation described in the previous section is intended to catalyze a higher concentration of life and activity around this focus area in the long term. Over time, existing parking lots can be developed to accommodate this growing concentration of activity and further enliven an improved public realm. New buildings can house the tactical commercial uses and programming that will have succeeded in the near-term as well as other new uses which support the identity and life of the area. Legend 1 2 4 4 2 2 1 4 3 3 3 2 3 4 6 7 77 Leverage the Stadium Active Frontages Line the Public Realm Compatible Supporting Uses Shared Structured Parking Supply Extended connection to the east (see Connection C-8 in Section 3.2) Connections to adjacent sites (see connection standards in Chapter 3) 2: FOCUS AREA CONCEPTS 5 5 6 6 Tactical Plaza in Sports Center Landscaped Area (see page 15) Leverage the Stadium's Value As discussed in Chapter 1, the City has the opportunity to utilize the Stadium more consistently throughout the year, bringing more fun events to the community and attracting more patrons to businesses in the area. Currently, Minor League Baseball home games bring significant crowds to the district for just a few hours on 67 days per year—only about one sixth of days—and well below 10% of business hours throughout the year. As is the case with venues across the country, no single tenant or use can adequately leverage such a significant asset. Furthermore, no tenant is guaranteed to be permanent, and the stadium can continue to be an anchor for the area even if tenant(s) change. Other programming occurs throughout the year, but much of the calendar remains empty. The City should seek a new operator specializing in multi-use venues, who can fully leverage the stadium's value as a controlled-access, ticketable venue through Entertainment acts like the Savannah Bananas, who have already visited the Epicenter LA Times The Wall Street Journal The field could be adapted to accommodate soccer— given its growing popularity—and/or be used as a multi- sport venue. Monster trucks and other shows that can operate within arenas of varying size programming, marketing, and branding. If necessary, and in coordination with the operator, the City could renovate the stadium to more effectively and easily accommodate a wide range of programming. Some programming possibilities are illustrated on this page. In addition to these full-venue options, potions of the stadium could be rented out for private events such as: graduations, birthdays, weddings, corporate meetings, and batting cage use. 1 Other entertainment options, such as concerts Stadium Way Stadium WayRochester AveJack Benny Dr Sebastian Way Plan Area Page 437 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 3938 Primary Active Frontages Primary active frontages line important portions of streets and open spaces in the area. They should be filled with shops and restaurants whose activity spills out into the public realm. In particular, businesses and organizations which make use of the Epicenter Green are prioritized along its edges. Secondary Active Frontages As in most parts of most cities, there is not enough demand in the area to fill all frontages with shops and restaurants. Secondary frontages should still engage the street with ground floor entries and windows, but they can include a wider range of uses. In addition to shops and restaurants, ground floors in secondary frontage environments include lobbies, amenity spaces, hotels, fitness-related businesses, other commercial uses, and a limited amount of well-screened parking. Activity spills out from ground floors into the public realm. Active uses occupy ground floor frontages, regardless of upper floor use. Well-screened parking in secondary locations Flexible frontages can host shops or offices Lobby and amenity space for offices or hotels Active Frontages Line the Public Realm The area is envisioned as a lively environment, oriented around athletics and entertainment, among other complementary uses. As such, its streets and open spaces must be lined with active ground floors which bring life to the public realm. Primary active frontages include shops and restaurants, while secondary active frontages can include a wider range of uses, as there is not enough market demand to support shops and restaurants throughout the plan area. Primary and secondary active frontages are identified in Figure 2-1 (above) and described on the following page.Primary active frontage example FIGURE 2–1: ACTIVE FRONTAGES Active Frontages Primary Secondary This Figure serves as a simplified reference for this conceptual Section. The full regulating plan is included in Section 3.1: Regulation Plan. 2 2: FOCUS AREA CONCEPTS Stadium Way Stadium WayRochester AveJack Benny Dr Page 438 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 4140 Compatible Supporting Uses The Stadium, Sports Center, and other existing uses do not routinely attract enough visitors to support an influx of new restaurants or retail shops, which require customers all day and every day to stay in business. Such businesses are attracted to mixed-use districts where a significant concentration of residents and jobs are already present, to provide them with steady supply of “built- in” local customers. Therefore, uses such as hotels and offices are needed to bring life to the area and support new, fun businesses, and connections must be made to nearby housing. Any supporting uses must also include highly active uses on the ground floor, engaging the public realm. Shared Structured Parking Supply More efficient parking strategies, through the use of shared parking arrangements and structured parking, are necessary in order to make room for new activity in the area. A small amount of new development could occur without a structure, but a parking structure—or structures— will help as uses displace existing parking lots. A parking structure to the northeast of the intersection of Stadium Way and Rochester Ave is required to have at least 500 parking spaces (see Section 3.2). For reference, the footprint depicted on page 36 at that location accommodates 150 spaces per floor. Any other structure in Focus Area north would need to be calibrated to the intensity of new development. Example of a shared parking structure with liner buildings Upper floor offices and hotels support active ground floors and a lively public realm. Hotels, offices, and other Epicenter-compatible uses support active ground floors and a lively public realm. 4 3 2: FOCUS AREA CONCEPTS Page 439 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 4342 Animal Center As the Animal Center continues to advance its mission, it is in need of a new facility. This facility would host the public-facing program of the Center, including public education and training and animals in need of adoption. It would feature an inviting entry and animals highly visible from the street to encourage adoptions and community awareness of the Animal Center. The future building could take a number of forms, but it could feature one or more courtyards which serve as play yards. In such a case, the building would be oriented around the play yards and form their boundary—rather than fences doing so. Animal-Related Uses Other animal-related uses in the area would both leverage and support the Animal Center. The Animal Center could collaborate with other organizations or businesses on programming or to get the word out regarding vaccination and adoption events. For example, there are new businesses which function as a restaurant and event venue anchored by a dog park. Such a use could be near Animal Center or anywhere in the Plan, provided it provides appropriate frontage. Dog-centric programming and events Businesses offering pet toys, food, grooming would synergize with the Animal Center. 2 1 2 5 3 4 5 Expanding the Active District Over time, the active environment envisioned for Focus Area North could expand southward. Development potential in this area depends heavily on the future of the private property, the Little League field, the future of Sofive Soccer Center, and the expansion of the Animal Center. If the private automobile-related use and the Little League field were to remain, little change would be expected in this area. However, if they were to be relocated, a more robust expansion of the athletic- and animal- related district could occur, potentially with the support of a new shared parking structure. Legend 1 2 3 4 5 6 Animal Center Expansion Animal-Related Use Private Development Site Shared Structured Parking: featuring active ground floor liner space facing the green to the north and the plaza to the west Potential Plaza at South Entry to Fields New Route through Block: The Little League field site may remain for the lifetime of this plan. However, if it were to be relocated (see 3G on page 72) and this site were to be redeveloped, a new street connection would be required per Chapter 3. 1 This Animal Center design by WA features courtyard play areas lined by kennels and other programming. Way Stadiu m Rochester AveJack Benny Dr Arrow RteVictory Dr2: FOCUS AREA CONCEPTS 6 Longer-Term Vision: Focus Area South Plan Area Page 440 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 4544 Sports-Anchored Uses A sport-anchored use could relate well with the existing baseball fields and the existing Sofive Soccer Center. Businesses such as Chicken N Pickle (Pickle Ball) and Top Golf are essentially food and beverage establishments which use a sport as a main attraction. Such a use could be developed on open land, the Little League field site if it were to relocate, or in coordination with the Sofive Soccer Center pending its future needs. Such uses often feature some lesser active frontages—such as edges of courts or fields—so they are more appropriate for Focus Area South than Focus Area North, which requires consistent active frontage around the gateway hub. Shared Structured Parking Like Focus Area North, more efficient parking strategies will be needed if this area sees an influx of new uses which displace existing parking and bring their own parking needs. It is recommended that a parking structure be built in Focus Area North first to support the gateway hub, but an additional shared structure could be built here in the future. It shall feature a “future-proof” design—unless such features would render the project financially infeasible— meaning that it could easily adapt to accommodate other uses in the future. Future-proof parking design elements include flat floors and 10-foot minimum floor-to-floor heights. Any structure along Jack Benny Dr, Rochester Ave, and Arrow Rte should feature as much active ground floor frontage as possible. Restaurants anchored by pickle ball and open space Large parking structure with ground floor retail liner Large shared parking structure with micro-retail liner Restaurants anchored by pickle ball and open space Retail and restaurants anchored by a surf club 2: FOCUS AREA CONCEPTS 1 1 1 1 1 1 1 2 2 22 2 Buildings line and activate the streets and open spaces per the standards of Chapter 3. Development site Parking and athletic fields, courts, or pools are located next to and behind buildings. Example Sports-Anchored Use Site Plans StreetStreetOpen Space Adjacent Site Adjacent Site Adjacent SiteAdjacent SiteStreet StreetStr e e t Page 441 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 4746 03 This Chapter establishes development regulations that implement the vision for the Plan Area described and illustrated in Chapters 1 and 2 and in the General Plan (see General Plan Focus Area 1 on page 102). This Master Plan is the guiding regulatory document for the Epicenter Master Plan Area (see Applicability on the following spread for more). This Chapter includes the following sections: Introduction Development Regulations 3.1: Regulating Plan & Applicability 3.3: Street Standards 3.2: Development Standards 3.4: Allowed Uses 3: DEVELOPMENT REGULATIONS Page 442 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 4948 200’100’0’ Regulating Plan Connection (C-1 through 8) Primary Active Frontage (FR-1 and B-1) Secondary Active Frontage (FR-2 and B-2) Vehicular Access from ROW Allowed (P-1) Unlined Parking Allowed on All Floors (P-2) Unlined Parking Allowed on Upper Floors Only (P-3) Shared Parking Structure (P-4) Facade Break (FA-4) Epicenter Green (EG-1) Facade Corner Treatment (FA-1 through 3) 3.1: Regulating Plan & Applicability FIGURE 3.1: REGULATING PLAN Stadium Way Sebastian Way Stadium WayRochester AveJack Benny Dr SCE PropertyArrow Rte 3: DEVELOPMENT REGULATIONS Applicability This Master Plan is the guiding regulatory document for the Epicenter Master Plan Area. If the City receives an application for development that meets the intent of the Master Plan on any portion of City- owned sites, the City will initiate a General Plan amendment and a Zoning Map amendment to redesignate and rezone the development site to the appropriate City Corridor High Land Use Designation and corresponding Corridor 2 (CO2) Zone of the Rancho Cucamonga Development Code (referred to herein as "Development Code"). This shall occur at the time of the application for a subdivision map and design review of the development application. Where standards of the CO2 Zone of the Development Code conflict with the standards of this Master Plan, the Master Plan standards shall prevail. Plan Area How To Use The Regulating Plan (Figure 3.1) identifies where the standards in Sections 3.2 and 3.4 shall apply. The standards in Section 3.3 vary by street. Legend C-1 C-2 P-4 C-5 C-6 C-1 FA-4 C-7 C-4 EG-1 C-4 C-3 C-8 FA-1 FA-1 FA-1 FA-2 FA-3 Page 443 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 5150 Connections In order to implement a connected multimodal network, the following standards apply wherever proposed new development abuts the locations marked in Figure 3.1, whether on City-owned or private property. All improvements shall be done in coordination with affected property owners. These connection standards implement General Plan Mobility & Access Standards MA-2, MA-3, and MA-5 (GP Volume 2, Chapter 4). These standards also provide more specific, refined direction to implement the intent of General Plan Figure FA-2 (Focus Area 1: Downtown Rancho Cucamonga, pg. 103). Any new or improved vehicular streets are also subject to the Street Design Standards of Section 3.3 of this Chapter. These standards include: C-1 Required Connection. There shall be a new connection between Stadium Way and Sebastian Way, accommodating pedestrians, cyclists, and vehicular traffic. C-2 Required Connection. There shall be a new connection between Stadium Way and the adjacent development to the north, accommodating pedestrians, cyclists, and vehicular traffic. C-3 Required Connection. There shall be a new connection between Stadium Way and the development to the south, accommodating pedestrians, cyclists, and vehicular traffic. C-4 Required Connection ("The Fault Line," page 14). There shall be a new pedestrian promenade connection from the Stadium and softball fields to the Sports Center. It shall be at least 15' in width, in addition to any other public frontage elements or adjacent roadway (see the Stadium Way example section on page 57). Portions of this promenade shall also accommodate cyclists, pending coordination with the contextual bike network. C-5 Required Connection. There shall be a new connection between Stadium Way and Arrow Rte, accommodating pedestrians and cyclists. If the Little League field were to be redeveloped (if it were accommodated elsewhere; see also Concept 3G on page 72), 3.2: Development Standards this route shall also accommodate vehicles. The resultant blocks to the east and west of this connection shall be deemed in conformance with Development Code Chapter 17.138, despite their large size. However, due to their large size, additional pedestrian connections through these blocks are encouraged where possible. C-6 Required Connection. There shall be a new connection from the north-south promenade of the Epicenter complex to the north, accommodating pedestrians. C-7 Required Connection. There shall be a new connection from Victory Drive to the north and/ or northwest, accommodating pedestrians and vehicular traffic. The exact location of this connection is flexible, but the long-term intent of General Plan Figure FA-2 (page 103) is to connect Victory Drive, Millennium Court, and Sebastian Way / Masi Drive if and when the adjacent properties are redeveloped. This connection could help alleviate gameday traffic and also function as a backdoor connection for other modes of transportation, including cyclists and transit. C-8 Required Connection. There shall be a new connection from the Fault Line (see Standard C-4) to the proposed multi-purpose trail on Southern California Edison (SCE) property (see General Plan Figure FA-2, pg. 103), accommodating pedestrians and cyclists, pending the approval of SCE. Building Placement B-1 Build-To Range and Buildout Percentage. Buildings shall be placed according to the standards of Table 3.2. In the Primary Active Frontage Overlay, parking lots shall be located behind buildings. In the Secondary Active Frontage Overlay, parking lots shall be located behind and adjacent to buildings, subject to the required buildout percentage. See page 52 for Frontage standards associated with these overlays. As stated in the introduction to this chapter (Introduction & Applicability), the following standards supplement and, where conflicting, supersede the standards applicable to the Corridor 2 (CO2) Form-Based Zone, as regulated by the Rancho Cucamonga Development Code. Design Standard 1 Primary Active Frontage Secondary Active Frontage A Build-To Range (min.–max.)0–12 ft2 8–12 ft C / D Buildout Percentage (min.)100%4 50%3 K Surface Parking Setback (min.)30 feet min (behind building) Set back at least as much as building on site Allowed Building Entrance and Facades Types (located within Private Frontage Area) • Shopfront and Gallery, Arcade, Terrace, and Recessed Variations5 • Forecourt5 • Shopfront and Gallery, Arcade, Terrace, and Recessed Variations5 • Small Front Yard and Porch, Stoop Variations5 • Forecourt5 Notes: 1. See Figure 3.2: Regulating Plan. for graphic depictions of standards and locations of Primary and Secondary Active Frontages.. 2. The combined width of the Private Frontage Area (see Development Code § 17.130.050) and Sidewalk Zone (see Section 3.3) shall be 15 feet minimum. For example, the building may have a setback of 0 feet only if the development site fronts onto a sidewalk or promenade of 15 feet minimum width. 3. Exception: if the proposed development FAR is less than .75, there may not be enough building footprint to line 50% of the frontage length. In this case, the minimum Buildout Percentage is 30%. 4. Exception: If a corner plaza is located at the northeast corner of Rochester Ave and Stadium Way (see Standard FA-2), Primary Active Frontage shall line that plaza. In other locations, forecourts and plazas may replace up to 30% of the frontage length. 5. See Development Code Chapter 17.132 for standards associated with these types. TABLE 3.2: DESIGN STANDARDS FIGURE 3.2: SITE PLAN DIMENSIONS DIAGRAM D D C K K C Development Site Line (Property Line) Private Frontage Area Building Footprint Build-To Range (along a street or open space) Allowed Parking Area Curb A max. A min. A min. A max.Secondary Active FrontageSecondary Active FrontagePrimary Active Frontage Primary Active Frontage 3: DEVELOPMENT REGULATIONS Page 444 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 5352 Frontage The building entrance, building facade, and design of the private frontage area is subject to the applicable standards for the CO2 zone found in the Development Code. Additionally, in order to ensure that appropriately active private frontages line the public realm, the following standards apply: FR-1 Primary Active Frontage. These frontages shall be highly active and define key locations in the Plan Area. Ground floor uses within 30 feet of the facade shall be limited to those identified in Section 3.4, and the design is subject to the standards of Table 3.2. The Private Frontage Area shall be designed as an extension of the Pedestrian Way (see Section 3.3). FR-2 Secondary Active Frontage. These frontages host a more flexible range of types and uses— including any use found under 'Epicenter General' in Section 3.4. Their design is subject to the standards of Table 3.2. The Private Frontage Area in front of unbuilt portions of the site shall be lined with drought-tolerant plants, and a low wall in front of parkings lots is recommended. Parking & Vehicular Access Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director. In order to ensure that new development accommodates vehicular access and parking without compromising the quality of the public realm, the following standards apply: P-1 Vehicular Access. Vehicular access is permitted, but not required, to be taken at this location. Access along Rochester Ave, Jack Benny Dr, and Arrow Rte shall be right-in/right- out only. P-2 Unlined Structured Parking Allowed on All Floors. Parking structures may be exposed to the right-of-way without a liner at this location. The parking structure facade shall be set back a minimum five feet from the building facade; screened with a living wall; and/or designed with punched openings to simulate habitable space. The Private Frontage Area in front of unlined parking structures shall be landscaped with drought-tolerant plants. P-3 Unlined Structured Parking Allowed on Upper Floors Only. On upper floors only (not the ground floor), parking structures may be exposed to the right-of-way without a liner at this location. The parking structure facade shall be set back a minimum five feet from the building facade; screened with a living wall; and/or designed with punched openings to simulate habitable space. The ground floor and its private frontage area design is still subject the applicable standards of this Section and the Development Code. P-4 Shared Parking Structure. A parking structure, accommodating a minimum of 500 stalls, shall be provided at this approximate location. If it is to be privately developed, the specific location and shared stall quantity is subject to a development agreement with the City. P-5 Surface Parking. Surface parking is considered an unbuilt portion of the site and therefore does not contribute toward the required buildout percentage. The Private Frontage Area in front of unbuilt portions of the site shall be lined with drought-tolerant plants, and a low wall in front of parkings lots is recommended. 3: DEVELOPMENT REGULATIONS Facades With the intent that facades create the beautiful and functional walls of public outdoor rooms and streets, the following standards apply: FA-1 Corner Treatment: Building. The building at this corner shall help define the gateway to the Epicenter in a welcoming manner with a special corner treatment. This shall include a corner tower, dome, massing, or parapet element and enhanced transparency into the building at the corner, in the form of a prominent entry or set of windows. FA-2 Corner Treatment: Building or Plaza. Either a building or a small plaza defined by building(s) shall help define the gateway to the Epicenter at this location. If it is a building, this shall include a corner tower, dome, or parapet element and enhanced transparency into the building at the corner, in the form of a prominent entry or set of windows. If a plaza, its size shall not exceed 85 feet by 85 feet and it shall be lined by Primary Active Frontage. FA-3 Corner Treatment: Screening. A decorative screen or wall with landscaping and/or a mural shall line the edge of the electrical substation at this location. FA-4 Facade Break. There shall be a minimum of one facade break measuring at least 30 feet wide by 30 feet deep along the north edge of Stadium Way. This facade break may feature vehicular access to parking within the block. Epicenter Green The Epicenter Green and adjacent promenade are critical elements of the public realm; the following standards apply: EG-1 Access and Size. The Epicenter Green and adjacent Promenade to the south (see diagram below) may be either publicly or privately owned and maintained. In either case, they shall be publicly accessible for at least 12 hours per day and during regular opening hours of businesses within the Epicenter Master Plan Area. The size of the multi-purpose open space shall be a minimum of 10,000 square feet—not including any building footprints, surrounding sidewalks, or promenades. If made private, more specific requirements (such as a larger minimum open space size, if deemed necessary by the City) shall be identified as part of a development agreement. Stadium W a y Rochester Ave1 2 2 3 3 4 4 Epicenter Green area, subject to EG-1 above Promenade, subject to EG-1 above (see also Standard C-4) Building Footprint(s), if any, subject to further design Sidewalk along Rochester Ave, to remain publicly accessible at all times; this portion is to be designed as part of the Fault Line Promenade (see Standard C-4) Sidewalk along Stadium Way, to remain publicly accessible at all times 1 Page 445 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 5554 3.3: Street Design Standards Street Design Element Interior Street Arrow Route Rochester Avenue Roadway Width Subject to the required number of lanes per the City Traffic Engineer Vehicular Lane Width 10 ft preferred; 11 ft max 11 ft preferred; 12 ft. max Center Median N/A1 Recommended; 10 ft min Recommended; 10 ft min Allowed Bike Facility Classes2 II, III, or IV I, II with buffer, or IV; IV is preferred I, II with buffer, or IV; IV is preferred Curbside Lane Width 7 ft. min. Not required; If introduced: 8 ft. min. with striped buffer recommended 9 ft. min.3 Landscape/Amenity Area Width 6 to 10 ft.8 to 15 ft. Street Trees within the Landscape/Amenity Area and/or Curbside Lane Street trees required; Street trees shall be regularly spaced; Spacing: 40 ft. max. o.c.4; 25–35 ft. o.c. recommended Landscaping within the Landscape/Amenity Area (By ground floor use:) Retail: Individual planters or tree wells with grates recommended Commercial: Either individual or continuous planters Pedestrian Way 8 to 15 ft.5 Clear Width for Pedestrians in the Pedestrian Way 8 ft. min. Notes: 1. Only recommended where already existing on Stadium Way and Jack Benny Dr, near Rochester Ave. 2. Applicable where bike facilities are improved or introduced. 3. Recommended to accommodate pick-up/drop-off zone(s). Where the Curbside Lane is used for curbside parallel parking, striped buffers are recommended to demarcate a 7 ft. wide parking lane along the curb. 4. Exception: Spacing may exceed the maximum where conflicting with driveway or utility placement. 5. Exception: The Fault Line Promenade shall be at least 15 feet wide and is exempt from the maximum width (see Standard C-4 on page 50 and the Stadium Way example section on page 57). Notes: 1. Private Frontage and Building Entrance and Facade Types are regulated in Section 3.2. TRAVEL ZONE PRIVATE PROPERTY LINE / PUBLIC R.O.WCURBACCESSORY ZONE SIDEWALK ZONE LANDSCAPE & FURNISHING ZONE PRIVATE FRONTAGE / SETBACK ZONE Vehicular Travel Lanes Transit Lanes Dedicated or Shared Bicycle Lanes Dedicated Turning Lanes Medians Curbside Parking “Bulb-Out” Sidewalks / Planters Striped Buers Parklets1 Transit Platforms Protected Bicycle Lanes Frontage Lanes2 Landscaped Parkways / Planters Street Furniture3 Street Lighting / Signage Sidewalk Dining Driveway Entries Transit Stops Unobstructed Pedestrian Walkway Sidewalk Dining Building Entry / Transition Space Sidewalk Cafés4 Building Entry Plaza / Yard Building Landscaping CURBSIDE LANE Curbside Parking Bulb-Out Side- walks / Planters Striped Buffers Parklets Transit Platforms Protected Bicycle Lanes Frontage Lanes ROADWAY Vehicular Travel Lanes Transit Lanes Dedicated or Shared Bicycle Lanes Medians LANDSCAPE / AMENITY AREA Landscaped Park- ways / Planters Street Furniture Street Lighting / Signage Sidewalk Dining Driveway Entries Transit Stops Public Frontage PEDESTRIAN WAY Unobstructed Clear Width for Pedestri- ans Sidewalk Din- ing Building Entry and Transi- tion Space PRIVATE FRONTAGE1 Sidewalk Cafes Extension of Pedestrian Way Building Entrance & Facade Types Landscaping TABLE 3.3: STREET DESIGN STANDARDS FIGURE 3.3: RIGHT-OF-WAY ZONES This Section applies to all new vehicular connections and improvements to existing streets within the Plan Area. All vehicular street rights of way shall contain the following elements of public realm anatomy: Roadway, Landscape/Amenity Area, and Pedestrian Way. A Curbside Lane is also recommended on all Interior Streets and Rochester Ave. For the purposes of this Plan, Interior Streets include all streets within the Plan Area other than Rochester Ave and Arrow Rte. The Rancho Cucamonga General Plan describes the intent of this public realm anatomy, including how it is to be calibrated to the context and ground floor uses (Plan RC, Volume 4, Chapter 2, Part 1). The public realm anatomy is diagrammed in Figure 3.3, and Table 3.3 establishes associated standards. 3: DEVELOPMENT REGULATIONS Page 446 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 5756 Example Section: Stadium Way, East of Rochester Avenue Per Standard C-4, a promenade ("The Fault Line") shall run along the north side of Stadium Way, east of Rochester Ave. A curbside lane with parallel parking is also recommended along the north curb of the street. The section below is facing east, showing the public frontage on the north side of the street. LANDSCAPE / AMENITY AREA PEDESTRIAN WAY ("THE FAULT LINE")PRIVATE FRONTAGE CURBSIDE LANE Public Frontage Example Section: Interior Street The frontage of interior streets is to be calibrated to the adjacent ground floor use. Here, a wide Curbside Access Zone features large planters and diagonal parking to support the adjacent businesses. Outdoor dining and seating fills the Landscape & Furnishing Zone between individual planters. CURBSIDE LANE CURBSIDE LANEROADWAYL/A AREA L/A AREA Public Frontage Public Frontage PEDESTRIAN WAY PEDESTRIAN WAY 3: DEVELOPMENT REGULATIONS Page 447 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 5958 Purpose & Applicability Table 3.4: Allowed Uses establishes the land uses allowed for any new development within the Epicenter Master Plan Area. This Table overrides the Land Use Standards found in Chapter 17.136 of the Rancho Cucamonga Development Code. The following standards of the Development Code also apply: Required Findings for MUP & CUP Approvals For all uses requiring Minor (MUP) or Conditional (CUP) Use Permits, a review shall be conducted with the purpose of determining that each such proposed use is, and will continue to be, compatible with surrounding, existing, or planned uses. This review also has the further purpose of establishing such special conditions as may be necessary to insure the harmonious integration and compatibility of such uses in the Epicenter Master Plan Area and with the surrounding area. To support the review and approval of such uses, the following determinations shall be made and appropriate conditions applied to ensure: +That the proposed use will not become a public nuisance, resulting in illegal drug activity including sales or possession thereof, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance. +That the proposed use will not generate noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property. +That any use within the first 30 feet of ground floors—measured from the Build-To Line—in the Primary Frontage Overlay, as mapped in Figure 3.1: Regulating Plan, provides continuous, highly active frontage that draws visitors to the area, in conformance with Design Standard FR-1 in Section 3.2. And that any such use aligns particularly well with the envisioned character of the Plan Area, as described in Chapters 1 and 2. 3.4: Allowed Uses +The standards in Article V (Specific Use Requirements) apply to uses allowed in this chapter. +Land uses are defined in Chapter 17.32 (Allowed Use Descriptions). Permit Requirements A land use is either allowed by right; allowed through issuance of a conditional or minor use permit; or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning permits or entitlements identified in Table 3.4: Allowed Uses include: +Permitted (P). A land use shown with a “P” indicates that the land use is permitted by right in the designated zone, subject to compliance with all applicable provisions of the Development Code and this Master Plan as well state and federal law. +Minor Use Permit (M). A land use shown with an “M” indicates that the land use is permitted in the designated zone upon issuance of a minor use permit from the designated approving authority, subject to compliance with all applicable provisions of the Development Code and this Master Plan as well as state and federal law. +Conditional Use Permit (C). A land use shown with a “C” indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable provisions of the Development Code and this Master Plan as well as state and federal law. +Not Permitted (N). A land use shown with an “N” is not allowed in the applicable zone. Additionally, uses not shown in the table are not permitted, except as otherwise provided in this title. A project that includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project. +Regulations in § 17.30.020 (Classification of Land Uses) apply to this chapter. +That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building. +That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings. +For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians. +For office, hotel, and other similar uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open. 3: DEVELOPMENT REGULATIONS Page 448 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 6160 Uses by Category Epicenter General Ground Floors in Primary Active Frontage Overlay 8 Agricultural and Animal-Related Uses Animal Keeping, Rancho Cucamonga Animal Shelter P P Animal Keeping, Other 1 M N Microscale Agriculture M N Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use M M Community Center/Civic Use M M Community Garden C N Convention Center C C Indoor Amusement/ Entertainment Facility P P Indoor Fitness and Sports Facility—Large M M Indoor Fitness and Sports Facility—Small P P Library and Museum P P Outdoor Commercial Recreation P P Park and Public Plaza M N Public Safety Facility M N School, Academic (Private)M C School, Academic (Public)P P School, College/University (Private)M C School, College/University (Public)M C Schools, Specialized Education and Training/Studio M M Theaters and Auditoriums P P Tutoring Center—Large M M Tutoring Center—Small P P Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios M M Parking Facility C N Transit Facility C C Utility Facility and Infrastructure—Pipelines 2 P N Service and Office Uses Animal Sales and Grooming P C Banks and Financial Services P N Business Support Services P N Check Cashing Business 3 P N Child Day Care Facility/Center M M Hotel P P Kennel, Rancho Cucamonga Animal Center P P Kennel, Commercial M C Maintenance and Repair, Small Equipment C N Massage Establishment 5 P P Uses by Category Epicenter General Ground Floors in Primary Active Frontage Overlay 8 Massage Establishment, Ancillary 5 P P Office, Business and Professional M N Office, Accessory P N Pawnshop 3 C N Personal Services P M Tattoo Shop 3 M M Veterinary Facility M M Retail Uses Alcoholic Beverage Sales M M Bar/Nightclub M M Consignment Store M N Convenience Store P P Drive-In and Drive-Through Sales and Service 4 C6 N EV Showroom and Indoor Sales P M Grocery Store/Supermarket P C Hookah Shop M M Home Improvement Supply Store M N Liquor Store M M Mobile Food Vehicles P P Restaurant, No Liquor Service P P Restaurant, Beer and Wine P P Restaurant, Full Liquor Service P P Retail, Accessory P P Retail, General P P Smoke Shop 3 M N Industrial, Manufacturing, and Processing Uses 7 Maker Space/Accessory Maker Space M M Microbrewery M M TABLE 3.4: ALLOWED USES 3: DEVELOPMENT REGULATIONS Notes: 1. See additional regulations for animal keeping in Title 17 Development Code. 2. Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a conditional use permit. 3. See additional regulations for special regulated uses in Title 17 Development Code. 4. See additional regulations for drive-in and drive-through facilities in Title 17 Development Code. 5. Massage establishment permit required. See additional regulations for massage establishments in Development Code Chapter 5.18. 6. Allowed with a conditional use permit only on sites with frontage on an auto priority street as defined in the General Plan. 7. See additional regulations for industrial uses in Title 17 Development Code. 8. This applies to the first 30 feet of ground floors—measured from the Build-To Line—in the Primary Frontage Overlay, as mapped in Figure 3.1: Regulating Plan. Key: P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted Page 449 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 6362 04 4: IMPLEMENTATION PLAYBOOK There are many possible combinations of development concepts, improvement concepts, programming and operations that could help make the Epicenter Master Plan Area a success. An on-going decision-making process is necessary to decide what needs to be implemented or encouraged at what time, depending on the associated benefits and trade-offs. To aid in this decision-making process, this Chapter provides a working tool—or "Playbook"—for evaluating the impacts and desired timing of a multitude of ideas. The near-term action items and longer-term concepts identified in Chapter 2 draw from this Playbook; however, this Chapter lists a wider range of concepts and tradeoffs as a valuable reference for decision-making over time. This Chapter includes the following sections: Introduction Implementation Playbook Understanding the Tool Playbook Concepts The Playbook: Improvement Concepts The Playbook: Development Concepts The Playbook: Programming & Operations The Playbook: Existing Uses Page 450 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 6564 Category Meaning Symbol Financial Impact Generates significant revenue +$$ Generates revenue +$ No/minimal financial impact Generates new cost -$ Generates significant new cost -$$ Parking Impact Supplies a significant amount of new parking (net positive impact)+PP Supplies new parking (net positive impact)+P No/minimal parking impact Addition to parking need (net negative impact, by generating additional demand and/or displacing parking)-P Significant addition to parking need (net negative impact, by generating additional demand and/or displacing parking)-PP Priority / Timing High priority; near-term Immediate phase to initiate change 1 Medium priority; medium-term 2 Medium priority; long-term Likely associated with a shared parking structure phase 3 Low priority; long-term Only if implemented in a notably beneficial form 4 Not a priority Only if needed to support other concepts People Draw Attracts more than 500k visitors per year or is critical to support a use which draws that many people Attracts 200k to 500k visitors per year or is critical to support a use which draws that many people Attracts up to 200k/year Contributes to attractive destination but doesn’t draw many people on its own Limits the area’s ability to be a specialized destination VISUAL SCORECARD KEY (FOR PLAYBOOK SPREADSHEET ON FOLLOWING PAGES) LOCATIONS KEY (FOR PLAYBOOK SPREADSHEET ON FOLLOWING PAGES) The Playbook spreadsheet identifies the benefits, challenges, potential locations, key strategies, financial impact, parking impact, priority/timing, and people draw associated with the various concepts. In order to understand the spreadsheet, an explanation of the symbols and references associated with the potential locations and “visual scorecard” is necessary. Many of the development concepts and improvements are recommended to be sited in or near existing parking lots. For this reason, the parking lots are lettered for easy reference, as shown below. The “visual scorecard” analyzes impacts using a color-coded system. The intent is to enable the user to analyze, simultaneously, multiple considerations and trade-offs at a glance. The meaning behind these colors and symbols is included in the key to the right. This is a working tool, as the impacts of any one concept are not absolute and will evolve over time with changing market conditions and needs of the City. Understanding the Tool 4: IMPLEMENTATION PLAYBOOK Field 1 (Stadium)Field 2 Lot F Lot D Lot E Field 3 Field 4 Lot A Lot B Lot C Field 5 Sofive Animal Center Lot G Lot H Sports Center Lot ISubstation Arrow Rte Jack Benny Dr Stadium Way Stadium Way Arrow RteRochester AveSebastian Way Plan Area Page 451 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 6766 Playbook Concepts: Potential Locations Mapped This plan illustrates possible configurations for some of the many possible concepts included in the Playbook. However, many other possibilities are labeled over the top of the plan with numbers and letters which correspond to the spreadsheet on the following pages. 1A–I 1A–I 1A–I 2D 2K 2K 2L 2L 2L 2L 2L 2E–G Arrow Rte Jack Benny Dr Sebastian WayMasiDr Stadium Way Stadium Way Arrow Rte Rochester Ave4H 4A–B & 3F 4C–E & 3E-F 4C–E & 3E-F 4C–E & 3E-F 1A–I; 2O–P 1A–J; 2O–P 1D 1J 2I 4J 2J, 3D–E 2A 2B 2C 2C 2B 2B 2O–P & 3C 2O–P & 3C 2O–P & 3C 1A–I 1A–L, 2P & 3C 3C 3C 3C 3C 3C 3C 3C3C3C 3C 1C 4I May remain a Little League field through the life of this Plan. 4: IMPLEMENTATION PLAYBOOK Plan Area Page 452 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 6968 Development Concepts Benefits / Challenges Potential Location(s)Notes / Key Strategies Visual Scorecard Financial Impact Parking Impact Priority / Timing People Draw 1A Food, Beverage, and Retail Freestanding 1–2 StoriesPad or liner building • Brings activity and fun to the area and activates key parts of the public realm Lots A, B, C, G, or H 1 • Parking can be accommodated easily with overflow surface lots (Improvement 2M)+$-P 2 1B Tactical: Steelcraft or other small- footprint structures lining the public realm • Activates Epicenter Green and promenade • Complements gameday and open space programming • Draws people (100–250k/year) Lots A, B, C, or G • Parking can be accommodated easily with overflow surface lots (2M)+$$-P 1 1C Activity-anchored: Chicken ‘N’ Pickle or other food and beverage anchored by sport/activity (like Top Golf) • Draws people (up to 750k/year) Lot C; south of Lot C; Lots A, B, or G if structured parking is supplied nearby; could partner with Soccer Center and fields/courts could be placed in the existing soccer parking lot (pending other parking options) • Large footprint relies on replacing a lot of parking, so this will likely rely on a shared parking structure (2O)+$$-PP 3 1D Pet-friendly anchor: Bark Social or similar with food and beverage • Draws people (200–250k/year) • Oriented primarily toward dog owners and their dogs, although anyone may enter Lot C, south of Lot C, or southern portion of Lot B; Lot G, H or I if structured parking is supplied nearby • Large footprint relies on replacing a lot of parking, so this will likely rely on a shared parking structure (2O)+$-P 3 1E Ground floor(s) of mixed use building • Brings activity and fun to the area and activates key parts of the public realm Lots A, B, C, G, or H • To be combined with other uses; likely relies on structured parking (2O)+$-P 3 1F Other Com- mercial Fitness, wellness, and/or dance • Brings activity during the day, supporting businesses at less popular times • Synergizes with nearby uses (offices, dance school, etc) Lots B, C, G, H, or I • Supports Plan Area vision, but not likely be a predominant use +$-P 4 1G Office • Supports shared parking supply during non- business hours (nights and weekends); • Office uses may be less active than desired for the district Lots G, H, or I; potentially A or B in small quantities • Likely triggers a need for structured parking, though could not fund a structure on its own (2O)+$-PP 4 1H Hotel Freestanding: AC Marriott or similar • Consistent presence of people throughout the day = built-in activity and customers • Brings more visitors from out-of-town • Supportive of vision, but not a critical use Lot A, B, or G • Likely triggers a need for structured parking (2O) • Requires active ground floor use (1A) +$-PP 4 1I As part of mixed use project Lot A, B, or G +$-PP 4 1J Animal Center Expansion • Provides public-facing space for Center (4J)Along Arrow Rte, near existing building • Minor parking displacement to be mitigated -$-P 3 1. Lot Letters: This table makes reference to parking lot letters as labeled on the “Locations Key” map on page 64. The Playbook: Development Concepts 4: IMPLEMENTATION PLAYBOOK Page 453 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 7170 Improvement Concepts Benefits / Challenges Potential Location(s)Notes / Key Strategies Visual Scorecard Financial Impact Parking Impact Priority / Timing People Draw 2A Streets (subject to appropriate operational analyses, as necessary)PromenadeAlong Epicenter Green • Walkable, bikable routes connect key uses to each other and the wider context • Connections between shareable parking lots and potential future structures Along south and east edges of Epicenter Green • Supports tactical near-term retail (1B)-$1 2B Extension to Sebastian Way Along back of the Stadium outfield • When promenades are improved (2A–B)-$+P 1 2C Along Stadium Way, east of Rochester Ave, & into SCE land Along the north edge of Stadium Way, east of Rochester Ave, and into SCE land • Works in combination with intersection improvements (2D); • Connects to new shared parking in Lot G (2O)-$$3 2D Rochester AveStadium Way Intersection improvements • Creates a sense of arrival • Facilitates pedestrian and bike crossing between uses and parking supplies At Rochester Ave and Stadium Way • In combination with promenades (2A and 2B) and 2E and 2F • Especially useful to connect to any parking structure in Lot G (2O) -$2 2E Roadway restriping • Calms traffic, provides parking, and improves bike lanes Throughout Rochester Ave • In coordination with overall vehicular/bike network and 2E and 2F -$+P 2 2F Sidewalk and public frontage • Enables development to engage Rochester • Improves pedestrian connectivity • Creates a sense of place and enclosure, despite wide right-of-way Along Rochester Ave; Median in alternating left turn lane, set back f rom intersections to allow for turn lanes • In coordination with new building frontage (1A through 1J) and 2D and 2E • In coordination with other Rochester Ave improvements (2D and 2E) -$$3 2G Wayfinding Program • Promotes the area's identity and facilitates visitors' navigation Key gateways to the area, including Rochester Ave at Stadium Way and Jack Benny Dr • In coordination with any other street improvements, especially 2D -$4 2H Arrow Route • General Plan improvements, including improved bike/pedestrian connectivity Throughout Arrow Rte • Less direct impact on near-term opportunities; supports Animal Center (4J)-$4 2I New internal street • Completes block network New connections identified in Section 3.3 • Not necessary for near-term opportunities -$4 2J Open Spaces Epicenter Green • Flexibly-programmable anchor space SW corner of Rochester Ave and Stadium Way • Supports tactical near-term retail (1B)-$1 2K Other small plazas • Fun spaces for Sports Center / Sofive users • Engages adjacent commercial uses West of Sports Center outdoor courts; East of Sofive building • Engages path to SCE property (2B) • Engages stadium promenade -$3 2L Stadium promenade • Walkable, bikable routes connect key uses to each other and the wider context Within baseball stadium complex • Supports stadium uses (4A, 4B, and 3F)-$2 2M Parking New surface parking • Easy near-term solution NW corner of Rochester and Arrow; on nearby Freeway-adjacent City land • Supports overflow parking from the Stadium and tactical near-term retail (1B)-$+P 1 2N Connections/shuttles to existing underutilized lots to be shared • Leverages existing parking with minimal investment Adjacent commercial parking; Foothill Crossing shopping center parking • Supports overflow parking from the Stadium and tactical near-term retail (1B)-$+PP 1 2O New shared parking structure • Frees up space for new, exciting uses • Can be managed and used flexibly over time Lot G preferred; Other possibilities: A, B, C and south of C • Needs pedestrian-friendly links (2A through 2D) to all uses -$$+PP TBD 2P Relocation of solar collectors • Leverages existing asset; provides shade To any other/new parking lot or structure • As needed as parking is relocated -$2 The Playbook: Improvement Concepts 4: IMPLEMENTATION PLAYBOOK Page 454 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 7372 Programming & Operations Concepts Benefits / Challenges Potential Location(s)Notes / Key Strategies Visual Scorecard Financial Impact Parking Impact Priority / Timing People Draw 3A Opera- tions Current Maintenance & Management • Supports athletic facilities, parking, and Animal Center All City-maintained property • Supports existing operations -$$ 3B New Maintenance & Management • As needed for new uses/programming All City-maintained property • As needed for new uses/programming -$ 3C Parking Management Plan to establish a Managed Parking District • Increase parking efficiency by facilitating the sharing of parking • Leverage parking as a City asset All parking lots • In support of current and new parking needs • Establish Memorandums of Understanding (MOUs) with property owners for use of parking areas. +$+P 1 3D Program- ming Farmers Market • Creates activity and a destination Epicenter Green, parking lots, and/or ground floor of future parking structure • Supported by improved open space (2J) • Involves new maintenance & management costs (2B) +$-P 3E Other open space events/programs • Creates activity and a destination Epicenter Green or parking lots +$-P 1 3F Stadium Programming/Concerts • Creates activity and a destination Stadium • Involves new maintenance & management costs (2B)+$-P 1 3G Adaptation/reconfiguration of softball field(s) to also accommodate Little League use • Allows the site of the existing Little League field to accommodate a new use aligned with the vision of this Master Plan (see Development Concepts on page 68) Softball fields • Requires scheduling coordination between softball and Little League -$4 2 3H Funding New dedicated source of revenue, such as an increased Transient Occupancy Tax (TOT) and/or EIFD for the Plan Area • Provides additional funding that is generated from and targeted for the Plan Area Applicable to the entire Plan Area +$N/A 2 N/A The Playbook: Programming & Operations 4: IMPLEMENTATION PLAYBOOK 2. Concept 3G: People draw depends on which use would replace the Little League field. Page 455 of 882 | EPICENTER MASTER PLAN | CHAPTER CITY OF RANCHO CUCAMONGA | December 2023 | 7574 Existing Uses Benefits / Challenges Potential Location(s)Notes / Key Strategies Visual Scorecard Financial Impact Parking Impact Priority / Timing People Draw 4A Baseball and Softball Fields3, 4 Field 1 (Stadium): MLB Minor LeagueThe Quakes • Anchors and gives an identity to the area • Only active 6 months per year Field 1 • Season is April to September; schedule can be coordinated with other uses of the stadium and other parking needs Cumulative $1.6m annual operating deficitFully supplied by current lotsN/A (existing use) 4B Other programming • Capitalizes on existing resource • Requires its own maintenance and management without an operator (for example, setting up for concerts) • Not a significant use of the Stadium (occasional photo shoots; concerts have been tried) 4C Fields 2–4Major League Softball (Adult) • Draws visitors—possible patrons for new restaurants and retail • Uses all 3 fields for 29.5 hours/week • 4 seasons on odd years; 3 seasons on even years (due to renovations)• Schedules can be coordinated with other uses of the fields and other parking needs 4D Tournaments • Draws visitors—possible patrons for new restaurants and retail • Uses all 3 fields for 15.5 hours/week • 20–30 tournaments per year 4E On-Going Rentals • Capitalizes on existing resource Fields 2, 3, and 5 rented for 7 hours/week (mid- morning to early afternoon) by a nearby fitness company • Not a significant impact as it is a minor use 4F Field 54G District 71 Little League • Serves Little League District • The field exists solely for this non-full-time use Field 5 (baseball field on Arrow) To investigate possibility of Little League using Fields 2–4 • Not adjacent to likely near-term phase, but could be reconfigured or relocated to allow for future phases 4H Sports Center All Sports Center programming • Provides athletic facilities to the community, including basketball, volleyball, concessions, a multipurpose room, and pickle ball. • Bolsters the Plan Area’s role and identity as a destination for participating in and watching athletics • Isolated from the Stadium and adjacent uses Sports Center facilities • Synergizes with nearby fitness-related uses 4I Sofive Soccer Center 5-on-5 soccer • A fun athletic use which relates to, but is distinct from, the other sports uses in the Plan Area • Bolsters the Plan Area’s role and identity as a destination for participating in and watching athletics 10 existing fields (2 future fields)• Synergizes with nearby sports-related uses and could complement new related uses 4J Animal Center • While not related directly to area’s athletic identity, it is not near priority phases and provides a needed use for the City • Provides a small, yet consistent presence of people throughout the year Southwest corner of plan area • Could synergize with a use anchored by pet- friendly space, such as Bark Social (1D) 3. Renovations: Every other year, fields are out of use from November 20 to February 6 (11 weeks) for renovation. 4. Programming and Reconfiguration: See programming and reconfiguration concepts 3F and 3G on page 72. The Playbook: Existing Uses 4: IMPLEMENTATION PLAYBOOK Page 456 of 882 | EPICENTER MASTER PLAN | CHAPTER 76 Epicenter Master Plan Page 457 of 882 Epicenter Master Plan City of Rancho Cucamonga | City Council Meeting | December 20, 2023 Master Plan Contents: 1.The Vision in Context The impetus for and intent of this Master Plan 2.Focus Area Concepts Specific development and improvement ideas for the Plan Area 3.Development Regulations Rules ensuring that each development contributes to the vision 4.Implementation Playbook A working tool for assessing the benefits and tradeoffs of potential development and improvement ideas over time 2 | Epicenter Master Plan Victoria Gardens Epicenter Foothill Blvd Day Creek ChannelGeneral Plan Focus Area 1 The Epicenter is located within Focus Area 1: Downtown Rancho Cucamonga A downtown environment, centered around Foothill Blvd and Victoria Gardens Cucamonga Station is less than a mile from the Epicenter Master Plan Area. 3 | Epicenter Master Plan General Plan Focus Area 1 “Walkable block patterns can be inserted within the large parking surfaces…to generate significant new value for property owners and the community.” (General Plan page 102) Epicenter Master Plan Area Victoria Gardens Foothill Blvd Day Creek Channel 4 | Epicenter Master Plan The Vision and Design Approach Create a walkable framework Support and leverage existing anchors: the Stadium, Sports Center, and Animal Center Attract new, lively uses that complement the existing anchors Activate the area with near-term, tactical improvements and development 5 | Epicenter Master Plan The Vision and Design Approach Create a walkable framework Support and leverage existing anchors: the Stadium, Sports Center, and Animal Center Attract new, lively uses that complement the existing anchors Activate the area with near-term, tactical improvements and development Foster a feasible and sustainable mix of uses over time Provide efficient shared parking Support the downtown environment envisioned by the General Plan 6 | Epicenter Master Plan Lively recreational and animal-related anchors 7 | Epicenter Master Plan Implementation Strategy Adopt this Master Plan Recruit Investment and Development Near-Term Action Items: Build and Activate the Hub (around the Epicenter Green) Longer-Term Vision: Build Around the Hub 8 | Epicenter Master Plan Connecting to Context Foothill Blvd mixed-use, multi- modal corridor •With BRT in the future Rochester Ave north-south connection with bike lanes Arrow Route leading to Milliken Ave and Cucamonga Station Epicenter Master Plan Area Victoria Gardens 9 | Epicenter Master Plan Connecting to Context To nearby commercial, Foothill Blvd, anticipated new housing, and shareable parking To Day Creek and Victoria Gardens To other neighboring complementary uses and shareable parking Victoria Gardens Epicenter Master Plan Area 10 | Epicenter Master Plan A Walkable Framework Epicenter Master Plan Area Primary Streets Secondary Streets Walkable Blocks: Development Sites Open Space Improvements Additional Pedestrian and Bike-Priority Network The Fault Line Promenade Jack Benny DrRochester AveArrow Route Sebastian Way Victory DrStadium Way Stadium Sports Center Animal Center Stadium Way 0’300’Epicenter Master Plan Area 11 | Epicenter Master Plan An Active, Connected Public Realm The Fault Line Promenade 12 | Epicenter Master Plan An Active, Connected Public Realm The Fault Line Promenade 13 | Epicenter Master Plan An Active, Connected Public Realm Creating a Gateway at Rochester Ave and Stadium Way 14 | Epicenter Master Plan Parking Supporting New Activity in the Area Remaining Lots Empty Lot Opportunities Shared Structures Park Once Strategy 15 | Epicenter Master Plan Parking Opportunities Existing Lots on Site Near-term parking opportunity (until Animal Center expands) Sharing Opportunities Pedestrian-friendly routes from nearby parking opportunities Jack Benny DrRochester AveArrow Route Sebastian Way Victory DrStadium Way 0’300’ 250 Spaces Lot A: 205 Spaces Lot B: 254 Spaces Lot C: 296 Spaces Lot F: 118 Spaces Lot D: 130 Spaces 81 Spaces Lot G: 227 Spaces Lot I: 73 Spaces Lot E: 141 Spaces Lot H: 192 Spaces 360 Spaces 263 Spaces 559 Spaces 887 Spaces on adjacent lots 16 | Epicenter Master Plan Focus Area Concepts Introduction 1)Focus Area North 2)Focus Area South We’ll first discuss near-term action items for each of these areas, followed by the longer-term vision. 17 | Epicenter Master Plan Focus Area North Near-Term Action Items Will be further illustrated on the following slides 18 | Epicenter Master Plan Focus Area North Near-Term Action Items #1: Improve the Epicenter Green 19 | Epicenter Master Plan Focus Area North Near-Term Action Items #2: Introduce Promenades 20 | Epicenter Master Plan Focus Area North Near-Term Action Items #3: Tactical Activation 21 | Epicenter Master Plan Focus Area North Near-Term Action Items #4: Improve the Beer Garden 22 | Epicenter Master Plan Focus Area North Near-Term Action Items #5: Connect to Sebastian Way 23 | Epicenter Master Plan Focus Area North Near-Term Action Items #6: Manage Parking 24 | Epicenter Master Plan Focus Area North Near-Term Action Items #7: Stadium Programming 25 | Epicenter Master Plan Focus Area South Near-Term Action Items Interim options for the future Animal Center site 26 | Epicenter Master Plan Longer- Term Active frontages line the public realm Compatible supporting uses Shared structured parking supply Animal Center expansion Recreational and animal-oriented uses 27 | Epicenter Master Plan Implementation Playbook Epicenter Master Plan City of Rancho Cucamonga | City Council Meeting | December 20, 2023 Thank you! 29 | Epicenter Master Plan Development Regulations 30 | Epicenter Master Plan Rochester AveRecommended Text Addition The Epicenter Green and adjacent promenade are critical elements of the public realm; the following standards apply: The Epicenter Green and adjacent Promenade to the south (see “1” in diagram) may be either publicly or privately owned and maintained. In either case, they shall be publicly accessible for at least 12 hours per day and during regular opening hours of businesses within the Epicenter Master Plan Area. The size of the multi-purpose open space shall be a minimum of 10,000 square feet—not including any building footprints, surrounding sidewalks, or promenades. If made private, more specific requirements (such as a larger minimum open space size, if deemed necessary by the City) shall be identified as part of a development agreement. DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A, Deputy Director of Planning Sean McPherson, AICP, Principal Planner SUBJECT:Public Hearing for Consideration of First Reading of Ordinance No. 1023, to be Read by Title Only and Waive Further Reading, Amending Articles III, V, VIII, and IX of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code that will Include the Addition of New Subzone to the Summary Table and Land Use, Clarifications to Various Development Standards including updates to Drive-Thru Use and Service Station Standards, New Standards for Subdivisions in the Form Based Code, Adjustments to Open Space Requirements, and Additional Typographic and Formatting Amendments, and Recommendation of Zoning Map Amendments to Specific Parcels for Consistency with the General Plan (“PlanRC”). An Addendum to the General Plan Update and Climate Action Plan FEIR has been prepared for this project (Zoning Map Amendment DRC2023-00317; Municipal Code Amendment DRC2023- 00318). (ORDINANCE NO. 1023) (CITY) RECOMMENDATION: Staff recommends the City Council adopt an Addendum to the General Plan Environmental Impact Report and conduct a first reading of Ordinance No. 1023, approving proposed text amendments to the Development Code and amendments to the Zoning Map. BACKGROUND: On December 15, 2021, the City Council adopted a comprehensive update to the city’s General Plan. Commonly referred to as “Plan RC”, the General Plan was designed to address issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choices, and maintaining many of the characteristics that make the city a special place to live. Following the adoption of the General Plan, the City Council adopted a comprehensive update to the Development Code on May 18, 2022. The Code Update was designed to codify the community’s vision that was established in the General Plan and increase certainty in the development review process. Since the adoption of the code, various clarifications and technical clean-ups have been identified. These items are necessary to better calibrate the Code to the General Plan vision and to ensure clearer standards and procedures are implemented through the development review process. Page 458 of 882 Page 2 2 1 7 5 As has previously been described to the Commission and Council, the Development Code and General Plan are living documents in that they are intended to change over time to reflect the evolving complexity of the development review process. With this understanding, staff is now proposing a series of development code updates along with zoning map amendments to ensure consistency between the General Plan Land Use Map and the Zoning Map. The amendments proposed in this staff report are to ensure that the Development Code maintains consistency with the City’s vision for development as outlined by the General Plan. On October 11, 2023, the Planning Commission held a public hearing to consider the proposed Development Code text amendments and Zoning Map amendments discussed in this report. Prior to the meeting, on October 10, 2023, staff received written correspondence from an interested individual requesting that the Planning Commission continue the item so that that individual could have sufficient time to study the proposed amendments. In their letter, the interested individual noted that they felt as though sufficient time hadn’t been given for stakeholders to review the proposed code amendments. The Planning Commission voted unanimously to continue the item to a date certain of November 8, 2023, in response to the letter received. Staff reached out to the interested party and was able to meet with them to discuss their concerns about prior to the meeting. At the November 8, 2023, public hearing on this item, the Planning Commission unanimously recommended that the City Council adopt the recommended amendments, with two changes: 1. The Planning Commission recommended that proposed “Major Exceptions” which were proposed to be included in Article II of the Development Code not be included at this time. These Major Exceptions were presented to the Commission as a mechanism by which applicants could seek relief from certain form-based standards as part of the discretionary review process. Upon deliberating on this topic, the Commission felt that this concept was unclear as presented in the staff report and may not fully align with the objectives of the General Plan. 2. During the November 8, 2023, Planning Commission public hearing, a graphical error was found in a map illustrating proposed zoning changes around the intersection of Rochester Avenue and Arrow Route. Specifically, there is a city-owned parcel illustrated which was erroneously included as part of a zone change. This error has been corrected and the revised zoning map amendments are included with this staff report. ANALYSIS: The Development Code text amendments consist of various technical amendments to Articles III, V, VII, VIII, and IX of the Development Code and include corrections to formatting and typographic errors, new/clarified development standards, new sections, and the creation of new CE1 subzone. The proposed text amendments are listed below: Article III – Zones, Allowed Uses, and Development Standards 1. Section 17.30.030 (Allowed land uses and permit requirements); Amendments to Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) •“Work/Live” will be added to the Industrial, Manufacturing, and Processing Uses section of the Use Table. The “Work/Live” use is permitted in the Neo-Industrial (NI) and Industrial Employment (IE) zones. •“Alternative Fuel Station, with Lounge” will be added to the Land Use Table to allow the development of new service stations exclusively for alternative fuel vehicles in the Neo-Industrial (NI) and Industrial Employment (IE) zones. •Footnote 11 on Table 17.30.030-1, which references two old industrial zones - Industrial Park (IP) and General Industrial (GI) – which no longer exist, will be deleted. Page 459 of 882 Page 3 2 1 7 5 Through a previous code amendment, the Industrial Park (IP) zone and General Industrial (GI) zone became the Neo-Industrial (NI) zone. 2. Section 17.32.020.G.6, 8, and 9 (Allowed Use Descriptions) •The use description for “automobile service station, general” will be updated to provide clarity between service stations for petroleum-based fuel vehicles and service stations for alternative fuel vehicles. Additionally, a new use description will be added for “Electric Vehicle Charging, Ancillary” and “Alternative Fuel Station with Lounge”. These two new use descriptions will provide clarity between charging equipment for electric vehicles that is installed in an existing development (shopping center, restaurant parking lot, etc.) and a new service station that is developed for the sole purpose of providing alternative fuel options (similar to a gas station, but for alternative fuel vehicles). 3.Section 17.36.020 (Development standards for two units in single-family residential zones) •The affordability requirement for new residential units over 800 square feet will be deleted. State law now prohibits an affordability requirement for urban lot splits. 4.Section 17.36.030 (Urban lot splits in single-family residential zones) •The affordability requirement for new residential units over 800 square feet will be stricken. State law now prohibits an affordability requirement for urban lot splits. 5.Table 17.38.060-1 (Overlays and other Special Planning Areas – Land use table for The Resort) •This section includes Footnote 13, with a reference to two industrial zones. Since the industrial zones do not exist in The Resort Specific Plan, this footnote is not relevant and will be deleted. Article V – Specific Use Requirements 1. Section 17.89.020 (Development and design standards – Service Stations) •After the adoption of updated service station standards in an earlier amendment, a conflict was discovered. The regulation on the “number of automobile service stations per intersection” will be stricken as this requirement conflicts with the existing provision requiring a minimum 1,000-foot separation between Automobile Service Stations. A maximum of two service stations are currently allowed per intersection, however, the 1,000-foot separation requirement will likely prevent the ability to have two service stations an any intersection. The separation requirement will remain in the code, while the number of service stations per intersection will be stricken. 2. Section 17.91.040 (Development and design standards) •Subsection C.3.v states “drive-through lanes and stacking area shall be located adjacent and parallel to the public right-of-way.”, while the previous Subsection A.3.f prohibits drive-thru lanes between the property line and the front of a building. To avoid conflict, subsection C.3.v will be stricken, as part of the intent behind the drive-thru standards is to screen the drive-thru lane. Article VII – Design Standards and Guidelines 1. Section 17.122.010 (Purpose and applicability), Table 17.122.010-1 (Single-Family Variations Required) •Table 17.122.010-1 will be amended to reduce the number of floor plans that is Page 460 of 882 Page 4 2 1 7 5 required per the number of dwelling units and provides clarity to related footnotes. As an example, the current provisions require a subdivision with 11-20 dwelling units to provide a minimum of 4 floor plans and 3 different elevations per floor plan. For a small subdivision of 12 units, for example, this will require four different plan types and three different elevations (architectural styles) per plan. While variety in design is appreciated and expected, achieving a variety of this level for a small subdivision has presented challenges. The amendment will be help create a less burdensome requirement for new smaller infill subdivisions, by slightly reducing the minimum number of floor plans for each range of dwelling units. The number of elevations per floor plan will remain the same, which will still ensure a variety of architectural styles is provided and a balanced neighborhood is established. Article VIII – Form Based Code 1.Section 17.128.020 (Overview of Form-Based Zones) •Amendment to Table 17.128.020-1 (Summary Table of Form-Based Zones), adding a CE1- SC subzone to the CE1 zone. This proposed subzone area is generally located south of Arrow Route, north and 7th Street, west of Archibald Avenue, and east of Helms Avenue. This new subzone will allow certain existing uses to remain, specifically Vehicle Services – Minor and Vehicle Services - Major. The area of the proposed subzone contains a current zoning designation of Neo-Industrial (NI), which allows the vehicle services uses. However, the current underlying General Plan Land Use is Traditional Town Center, which corresponds to the Center 1 (CE1) zone. To ensure the General Plan and Zoning map are consistent for this area, a zoning map amendment is proposed (discussed below). A direct zone change from NI to CE1 will result in a substantial amount of existing Vehicle Service business to become nonconforming and will also result in the use becoming “Not Permitted”. Through detailed research it was determined that the vehicle service uses made up over 30% of the unpermitted uses (roughly 20 of the 55 unpermitted uses). Additionally, these existing vehicle service operations are small, family-owned businesses that serve the local and surrounding community. While the zone change is necessary to facilitate the vision and purpose of the General Plan, it is not intended to “push out” local small businesses that bring value and purpose to the community. As such, a new subzone is proposed that is specific to the subject area to allow the existing vehicle service uses to remain in place and as permitted uses. 2. Section 17.130.030 (Applicable to All Zones) •New language will be added to address proposed subdivisions in Form Based zones. The Form-Based Code is currently silent on subdividing existing parcels without a proposed development. The new language will stipulate that when subdividing a parcel, each development site (or parcel) must be able to accommodate the largest building type allowed in the zone constructed in its smallest form. Each building type in the Form Base code contains a minimum and maximum footprint to ensure all proposed developments maintain an appropriate scale and massing. Using these standards will allow opportunities to subdivide a parcel in a Form Base zone without compromising its full development potential. 3.Section 17.130.050 (Specific to Zones); Table 17.130.050-1 (Required Build-to-Line, Height, and Frontage Area) •The minimum and/or maximum Floor Area Ratio (FAR) will be updated in the following zones as follows: o CE1: 0.2 min/1.0 max (Existing: 0.2 min/0.6 max) Page 461 of 882 Page 5 2 1 7 5 o ME1: 0.6 min/2.0 max (Existing: 0.4 min/1.0 max) o ME2: 0.4 min/2.0 max (Existing: 0.4 min/1.0 max) The changes to the FAR will allow greater opportunities for development in these zones. The existing FARs were proving to be strict and potentially limiting, which affects the ability to achieve the desired development types, including multi story development, in these zones that is envisioned by the General Plan. 4. Section 17.130.060 (Building Type Standards) •The requirement limiting the amount of common open space for Mid-Rise and High- Rise building types will be deleted. This will remove any limitations on the amount of open space that is provided when developing two of the largest building types allowed in the Form Base Code. We do not want to restrict a development from providing as much open space as desired. 5.Section 17.134.070 (Pocket Park) •A minimum size of 1,000 square feet will be added for all proposed pocket parks in the Form Base code. The pocket park is a common selection by developers from the open space types in the Form Based Code, however, the code is currently silent on the minimum size a pocket park must be. Providing this minimum size for the pocket park will ensure the park space is functional and serves the needs of the community. 6.Section 17.136.020 (Allowed Land Uses) Amendment to Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones) •The table will be updated to add the Center 1 – Southwest Rancho Cucamonga (CE1- SC) subzone as a column on the Allowed Land Uses table. All existing uses from the CE1 zone, along with the inclusion of vehicle services minor and vehicle services major, will also be added to the Allowed Land Uses table. Zoning Map Amendments: The proposed Zoning Map Amendments include updating the zoning of certain areas to be consistent with the underlying General Plan Land Use Designation and to address incorrect zoning from inadvertent oversight. The General Plan was updated in 2021 to address many issues facing the city, including the strong desire for quality places that met the diverse needs of the community. Through the General Plan process, several areas were identified as great opportunities to address these challenges by updating the land use designations and establishing new visions, new goals, and new objectives. Most of the zoning changes were adopted in 2022 as part of the Development Code and Zoning Map update to implement the general plan. In most circumstances, the new land use designation was fairly similar to the current designation, which made the accompanying zoning map amendments a marginal change. However, in other instances, the change to the land use designation was intentional to meet the community’s desire to see redevelopment of areas that correspond with the big ideas outlined in the General Plan. These changes lead to a significant change in the zoning, allowed uses, and development requirements of these areas. Due to the nature of these changes, staff desired to take additional time to review and analyze the potential impacts to these properties and develop a path forward that would minimize potential impacts while still achieving the goals of the General Plan. The zoning amendments are summarized below. Page 462 of 882 Page 6 2 1 7 5 Southwest Rancho Cucamonga An area within Southwest Rancho Cucamonga (see Image 1 above) will be rezoned with a new subzone known as Center 1 – Southwest Cucamonga (CE1-SC). During outreach for PlanRC, the Southwest Cucamonga community expressed a strong desire for a downtown/town center that provided access to goods and service in a walkable environment within their community. In response to this desire, the General Plan land use was updated from Neo-Industrial (NI) to Traditional Town Center across various parcels within the historic boundaries of Southwest Cucamonga. The proposed zoning map amendment will modify the current zoning designation of Neo-Industrial to the new zoning of CE1-SC, which is consistent with the Traditional Town Center land use designation. The Form Base Code will regulate the new subzone, including the development standards and land use requirements, for future development. Page 463 of 882 Page 7 2 1 7 5 A detailed analysis of existing businesses within the subject zone change area was conducted by Staff to understand the types of uses that are currently in operation and how the zone change might impact them. The CE1 zone is the corresponding zone for the Traditional Town Center land use designation. Staff analyzed the area of the zone change to gain a better understanding of the existing uses and business currently in operation. There are roughly 180 businesses in the area. A comparison of these existing business to the land use table of the CE1 zone resulted in nearly 55 business/uses becoming “Not Permitted”, which is roughly 30 percent of the local businesses in that community. Using the analysis, Staff took a closer look at the unpermitted uses and of the 55 business, approximately 18 of these uses were local small businesses, particularly vehicle service uses, that serve a valuable need and purpose to the community. While the Traditional Town Center designation is intended to create walkable downtown/town center place that meets the desire of the community, the change was not intended to push out local, small businesses that hold great value to the residents and surrounding community. As such, the CE1-SC subzone was created to help balance the shift between the existing uses and the expectations of the CE1 zone. In short, creating a new CE1-SC subzone will minimize the number of legal nonconforming uses that would otherwise result if typical CE1 standards were applied. One key component to the CE1-SC subzone is the regulation of some of the existing business, particularly the vehicle service uses. These existing uses and their existing buildings are permitted to remain; however, new vehicle service uses cannot be established. This specific criterion is identified as a new footnote on the land use table in the Form Base code. Placing this restriction on future vehicle service uses establishes a balance between the vision and expectations of the Traditional Town Center and the value of the local, small business. The vision of the Traditional Town Center can be achieved over time without coming at the abrupt expense of small business owners. Page 464 of 882 Page 8 2 1 7 5 Rochester / Jack Benny / Arrow Area An area along Rochester Avenue near Jack Benny Drive and Arrow Avenue (see Image 2 above) will be rezoned to Corridor 2. The land use designation in this area was updated during PlanRC from Neo-Industrial to Corridor High. This amendment will modify the current zoning designation of Neo-Industrial to Corridor 2 (CO2). The zoning amendment will result in a change in the allowed uses, however, the impacts to existing business in this area will be minimal. Using analysis completed by Staff, it was determined that a majority of the businesses fall under the commercial uses category, which is more aligned with the CO2 zone than the NI zone. This minimizes any concerns with nonconformities and minimizes the impacts to existing uses. The amendment will not only bring consistency between the General Plan and Zoning Map, it will also help facilitate future development that will complement the vision around the Epicenter. To be clear, the city- owned parcel at the northwest corner of Rochester and Arrow Route is not included in this proposed zone amendment. Page 465 of 882 Page 9 2 1 7 5 Various Parcels at Southwest Corner of Vineyard Avenue and Arrow Route Various parcels near the southwest corner of Vineyard Avenue and Arrow Route (see Image 3 above) will be rezoned to Neighborhood General 3 (NG3). The land use designation in this area was updated during the comprehensive General Plan update in 2021 from Neo-Industrial (NI) to Neighborhood Corridor. This amendment will modify the current zoning designation from Neo- Industrial (NI) to NG3 to ensure consistency between the General Plan and Zoning Map and to help facilitate medium intensity, neighborhood serving development in the future. Page 466 of 882 Page 10 2 1 7 5 Vacant Parcel on Carnelian Street, South of 19th Street This parcel on Carnelian Street, south of 19th Street (see Image 4 above) contains a General Plan land use designation of Traditional Neighborhood. The parcel should contain a corresponding zoning designation of Low Residential (L), however the parcel was inadvertently missed during the comprehensive zoning map update in May 2022. This amendment is a technical clean-up that will apply the L residential zoning designation to the parcel to correct the error. Environmental Review: In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed amendments to the Development Code and Zoning Map against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not become substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum (Attachment 3 to this report) for the amendments to the Development Code and Zoning Map. Unlike an EIR, an Addendum is not required to be circulated for public review. Page 467 of 882 Page 11 2 1 7 5 FISCAL IMPACT: There is no direct fiscal impact resulting from the proposed Development Code amendments and Zoning Map amendments. However, the adoption of these amendments will help facilitate future development that is consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: These amendments address multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future. The Development Code is the implementing tool for the General Plan, which has laid out the vision for Rancho Cucamonga over the next 10- 20 years. The amendments proposed in this staff report will further support these visions by offering clarity in the review process, flexibility with certain standards, and zoning updates that will facilitate future improvements throughout the City. ATTACHMENTS: Attachment 1 – Development Code Redlines Attachment 2 – Zoning Map Amendments Attachment 3 – EIR Addendum Attachment 4 – Draft Planning Commission Meeting Minutes, November 8, 2023 Attachment 5 – Planning Commission Resolution 23-28 Attachment 6 – Ordinance No. 1023 Page 468 of 882 ARTICLE III. ZONES, ALLOWED USES, AND DEVELOPMENT STANDARDS Chapter 17.26 ESTABLISHMENT OF ZONES 17.26.010 Chapter purpose. This chapter establishes the framework of zones within the city and their relationships to the city’s general plan land use designations. (Code 1980, § 17.26.010; Ord. No. 855, § 4, 2012) 17.26.020 Zones established. A.Zone purpose. Zones are established in order to classify, regulate, designate, and distribute the uses of land and buildings; to regulate and restrict the height, setbacks and bulk of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population. The city is divided into zones that are grouped into two categories: (a) base zones and (b) overlay zones. These zones are listed and described in Table 17.26.020-1 (Rancho Cucamonga Zones), along with the general plan land use designation that they implement. B.Base zones. The base zone is the primary zone that applies to a property. Every parcel throughout the city has a base zone that establishes the primary land use type, density, intensity, and site development regulations. Base zones are grouped into five categories as follows: 1.Residential Zones. 2.Form-Based Zones. 3. Industrial Zones. 4.Open Space Zones. 5.Special Purpose Zones. C.Overlay zones. The Overlay Zones supplement base zones for one or more of the following purposes: 1.To allow more flexibility from the standard provisions of the underlying base zone. 2.To protect unique site features or implement location-specific regulations. 3.To specify a particular standard or guideline for an area. D.Sub zones. Sub zones are subsets of the primary zone. Sub zones align with the primary zone development standards and uses requirements except where otherwise noted in this title. E.In the event of a conflict between the regulations of the base zone and the Overlay Zone, the provisions of the Overlay Zone shall apply. Attachment 1 Page 469 of 882 TABLE 17.26.020-1 RANCHO CUCAMONGA ZONES AND SUBZONES Zone Symbol Zone Name/Description Residential Zones and Subzones VL Very Low Residential. Designates areas for semi-rural residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per gross acre. Limited neighborhood serving businesses in small buildings may be allowed on select corner parcels to provide goods and services for daily needs and community gathering spots. VL-EH 14000 Very Low Residential – Etiwanda Highlands 14000. Designates areas for semi-rural residential use, with a minimum lot size of 14,000 square feet and a maximum residential density of up to 2 units per gross acre. VL-EH 9000 Very Low Residential – Etiwanda Highlands 9000. Designates areas for semi-rural residential use, with a minimum lot size of 9,000 square feet and a maximum residential density of up to 2 units per gross acre. L Low Residential. Designates areas for single-family residential use, with a minimum lot size of 7,200 square feet and a maximum residential density of 6 units per gross acre. L-ESP Low Residential – Etiwanda Specific Plan. Designates areas for single-family residential use, with a minimum lot size of 10,000 square feet and a maximum residential density of 6 units per gross acre. LM Low Medium Residential. Designates areas for low medium density single-family or multiple- family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods, including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. LM-TV Low Medium Residential – Terra Vista. Designates areas for low medium density single-family or multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods, including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. LM-ESP South Low Medium Residential – Etiwanda Specific Plan South. Designates areas for low medium density single-family or multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods, including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. LM-ESP Low Medium Residential – Etiwanda Specific Plan. Designates areas for low medium density single-family or multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods, including a minimum lot size of 7,200 square feet and a maximum residential density of 8 units per gross acre. M Medium Residential. Designates areas for medium density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development, with a maximum residential density of 14 units per gross acre. M-TV1 Medium Residential – Terra Vista 1. Designates areas for medium density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development, including a minimum lot size of 3,500 square feet and a maximum residential density of 14 units per gross acre. Page 470 of 882 Zone Symbol Zone Name/Description M-ESP South Medium Residential – Etiwanda Specific Plan South. Designates areas for medium density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development, including a minimum lot size of 5,000 square feet and a maximum residential density of 14 units per gross acre. M-ESP Medium Residential – Etiwanda Specific Plan. Designates areas for medium density multiple- family use, with site development regulations that assure development compatible with nearby lower density residential development, including a minimum lot size of 7,200 square feet and a maximum residential density of 14 units per gross acre. MH Medium High Residential. Designates areas for medium high density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development with a maximum residential density of 24 units per gross acre. MH-TV Medium High Residential – Terra Vista. Designates areas for medium high density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development, including a minimum lot size of 1 acre and a maximum residential density of 24 units per gross acre. H High Residential. Designates areas for a variety of high density multiple-family housing, and mixed-use buildings , with site development regulations that assure development compatible with nearby lower density residential development with a maximum residential density of 30 units per gross acre. Limited context-sensitive neighborhood commercial uses may be allowed in select locations to provide goods and services for daily needs and community gathering spots. H-TV High Residential – Terra Vista. Designates areas for a variety of single family attached/detached housing, multiple-family housing, and mixed-use buildings, with site development regulations that assure development compatible with nearby lower density residential development, with a maximum residential density of 30 units per gross acre. Form-Based Zones (See Article VIII) NE2 Neighborhood Estate 2. Low density and intensity residential development on large lots within interconnected neighborhoods. Context sensitive retail and services uses are allowed in key locations. NG3 Neighborhood General 3. Medium density and intensity development along certain segments and nodes of major corridors in proximity to smaller-scale residential neighborhoods. Buildings promote walkability and contribute to active, vibrant environments while being context-sensitive by transitioning scale when adjacent to lower density neighborhoods. Uses provide a range of daily needs within walkable suburban neighborhoods, with some transitional auto-oriented development in outlying areas. CE1 Center 1. Active, vibrant town centers that promote walkability with neighborhood- serving commercial and retail uses in proximity to medium density residential development. Buildings front streets and provide a vibrant, safe street environment for pedestrians and cyclists. ME1 Mixed Employment 1. Medium intensity development focused on walkable professional office and employment uses. Buildings front streets and transition areas from auto-oriented office parks to mixed-use, vibrant hubs of activity. Page 471 of 882 Zone Symbol Zone Name/Description ME2 Mixed Employment 2. Medium to high intensity development focused on professional office, creative industrial and maker spaces, and employment uses along active, walkable streets. Buildings front streets and corridors with tall ground floors that support a mix of uses, entrances, and facades. CO1 Corridor 1. Medium intensity mixed-use development that transitions existing auto-oriented corridors and places to vibrant areas that promote walkability. Building and entrance/ facade types are diverse, contributing to a mix of distinct places along major corridor areas. Buildings front streets and transition in scale to surrounding neighborhoods with some auto-oriented development along secondary streets. CO2 Corridor 2. Medium to high intensity mixed-use development along active, walkable corridors and at key intersections. Buildings front streets and transition in scale to surrounding neighborhoods with some transitional auto-oriented development along secondary streets. CE2 Center 2. Mixed-use urban areas with pedestrian-friendly commercial and residential hubs and infill development along vibrant public spaces that promote walkability. Buildings transition in scale (i.e., step up or step down) to surrounding neighborhoods, centers, and districts. Developments support safe streets for pedestrians and cyclists. Industrial Zones NI Neo-Industrial. Designates areas to support a complementary mix of uses such as, research and development, light and custom manufacturing, engineering and design services, breweries, and maker spaces, as well as accessory office, retail and limited residential uses to compliment the primary use; supportive amenities and services; and convenient transit access. This zone encourages light industrial activities with low environmental impacts and supports the growth of creative industries, incubator businesses, and innovative design and manufacturing. The zone can allow for small scale, context sensitive warehousing, distribution and manufacturing to support small business development. IE Industrial Employment. Designates areas reserved for manufacturing, processing, construction and heavy equipment yards, warehousing and storage, e-commerce distribution, light industrial research parks, automobile and vehicle services, and a broad range of similar clean industrial practices and processes that typically generate more truck traffic, noise, and environmental impacts than would be compatible with office and residential uses. This zone prohibits non-industrial uses, except for accessory office and commercial uses (such as restaurants or convenience stores) that support the employees of the primary industrial use, and on-site caretaker units. Open Space Zones OSC Open Space Conservation. Designates areas primarily to protect environmentally sensitive land. The use regulations, development standards, and criteria encourage preservation of existing conservation areas and protection of natural resources. HR Hillside Residential. Designates areas for maintaining natural open space character through protection of natural landforms; minimizing erosion; providing for public safety; protecting water, flora, and fauna resources; and establishing design standards to provide for limited development in harmony with the environment. Allowed density is a maximum of 2 units per net buildable acre as determined through the Hillside Development Review process. P Parks. Designates areas primarily for public parks, public schools, and public facilities. The use regulations and development standards provide for low intensity development and encourage educational and recreational activities. Page 472 of 882 Zone Symbol Zone Name/Description FC/UC Flood Control/Utility Corridor. Designates areas necessary for flood control facilities for protection of the public health, safety, and general welfare as well as utility corridors in which land uses compatible to both the utility function and surrounding, existing, or proposed land uses are allowed. Special Purpose Zones SP Specific Plan. Designates areas for master planning through the adoption of a specific plan with unique land use and development standards for a particular project areas with a minimum of 100 acres. Overlay Zones SH Senior Housing. Designates areas available for affordable rental housing units to serve the city’s senior citizens. Zone provisions ensure high quality project design and establish incentives for ongoing affordability for this target group. This zone can be combined with any residential base zone that meets the overlay zone qualifications. E Equestrian. Designates areas for the keeping of equine, bovine, and cleft-hoofed animals. Further, this zone protects the ability to maintain such animals, promotes a “rural/farm” character in an urban setting, and recognizes and encourages the educational and recreational values derived from raising and maintaining such animals. This zone may be combined with any residential base zone that meets the overlay zone qualifications. H Hillside. Designates sloped areas subject to special hillside development regulations. Generally, this zone applies to areas with a slope greater than or equal to 8%. This zone may be combined with any residential base zone that meets the overlay zone qualifications. LW Large Warehouse. Designates area where large industrial buildings with a gross floor area over 450,000 square feet are permitted. CS Cucamonga Station Area. Designates an area around the Rancho Cucamonga Metrolink station for modified FAR and density standards. (see article VIII). (Code 1980, § 17.26.020; Ord. No. 855, § 4, 2012) Chapter 17.28 ADOPTION OF ZONING MAP 17.28.010 Zoning map established. The city council hereby adopts the city zoning map (hereafter referred to as the zoning map) as the official designation of zone boundaries on real property within the city. The zoning map shall be regulated as set forth below. A. Incorporated by reference. The zoning map is hereby incorporated into this Development Code by reference as though it were fully included. B. Map amendments. Amendments to the zoning map shall follow the zoning amendment process established in chapter 17.22 (City Council Decisions) and shall be reflected on the city’s zoning map. C. Record of zoning map changes. The zoning map and a record of all prior amendments thereto shall be kept on file with the city clerk and shall constitute the original record. Electronic and hard copies of the currently effective zoning map shall also be kept on file with the planning department. Page 473 of 882 D. Relationship to general plan. The zoning map shall implement and be consistent with the city’s adopted general plan. E. Zone symbol. Zones shall be illustrated on the zoning map as follows: 1. Each base zone shall be shown on the zoning map by use of its representative zone symbol, as listed in Table 17.26.020-1 (Rancho Cucamonga Zones). 2. Each adopted Specific Plan shall be delineated with the respective zone symbol (SP ) and number to distinguish it from other adopted Specific Plans and/or Planned Communities. This designation on the zoning map serves to provide a reference to the corresponding master plan project documents adopted by the city council. 3. Each Overlay Zone shall be shown on the zoning map by use of its representative symbol in conjunction with the base zone symbol (e.g., VL-H), as listed in Table 17.26.020-1 (Rancho Cucamonga Zones). (Code 1980, § 17.28.010; Ord. No. 855, § 4, 2012) 17.28.020 Zoning map interpretation. If there is uncertainty about the location of any zone boundary shown on the zoning map, the precise location of the boundary shall be determined by the planning director as listed below. A. The boundaries of a zone shall be the parcel lines of real property, unless otherwise shown. Where a zone’s boundaries approximately follow plot lines, those lines shall be interpreted as the zone boundaries. B. If a zone boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined by using the scale appearing on the zoning map. Except as otherwise provided by this Code through integrated development, each portion of the property shall be developed to the standards and allowed use provisions of the applied zone and any applied overlay zone(s). C. Where the street layout on the ground or the parcel lines differs from such layout or lines shown on the zoning map, the planning director shall determine the exact boundary and the zoning map shall be amended to conform to the layout on the ground. D. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street or alley. (Code 1980, § 17.28.020; Ord. No. 855, § 4, 2012) Chapter 17.30 ALLOWED LAND USE BY BASE ZONE 17.30.010 Purpose. The purpose of this chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the city’s base zones. Standards and allowed use regulations for form-based zones are provided in article VIII (Form-Based Code). Uses allowed herein are consistent with and implement the corresponding land use designations in the city’s general plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in chapter 17.104 (Temporary Uses). (Code 1980, § 17.30.010; Ord. No. 855, § 4, 2012) 17.30.020 Classification of land uses. In order to simplify land use regulations, land uses listed in this chapter and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called “use classifications.” Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each Page 474 of 882 land use is described in chapter 17.32 (Allowed Use Descriptions). For example, “personal service use” includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this title, “personal service use” is listed once and is further described in chapter 17.32 (Allowed Use Descriptions). The following rules apply to use classifications: A. Specific use regulations. Additional use regulations for specific land uses are listed in article V (Specific Use Requirements). B. Temporary uses. Land use classifications in this chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in chapter 17.104 (Temporary Uses). C. Uses not listed. Land uses that are not listed in the zone tables are not allowed, except as otherwise provided for in this title. D. Illegal uses. No use that is illegal under local, state, or federal law shall be allowed in any zone within the city. E. Overlay zones. When a property is located within an Overlay Zone, any special allowed use provisions associated with said Overlay Zone shall apply. If the special allowed use provisions for the Overlay Zone are in conflict with the allowed use provisions of the base zone, the allowed use provisions for the Overlay Zone shall prevail. F. Special planning areas. When a property is located within a designated Special Planning Area (e.g., Specific Plan, Planned Community, master plan), there may be special allowed use provisions associated with the adopted/approved area plan. If the documents associated with the Special Planning Area are silent regarding allowed use provisions, the allowed use provisions of the base zone shall apply. If the allowed use provisions of the adopted/approved area plan conflict with the allowed use provisions of the base zone, the allowed use provisions for the Special Planning Area shall prevail. G. Similar uses. When a use is not specifically listed in this Code, it shall be understood that the use may be permitted if the planning director determines that the use is substantially similar to other uses listed based on established criteria and required findings outlined in section 17.16.100 (Similar Use Determination). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the planning director may make a similar use determination to compare a proposed use and measure it against those uses listed. (Code 1980, § 17.30.020; Ord. No. 855, § 4, 2012) 17.30.030 Allowed land uses and permit requirements. A. Allowed land uses. Allowed uses and corresponding permit and entitlement requirements for the base zones are listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). Uses are organized into common categories as follows: 1. Residential uses. 2. Agriculture and animal related uses. 3. Recreation, resource preservation, open space, education, and public assembly uses. 4. Utility, transportation, public facility, and communication uses. 5. Office and service uses. 6. Retail and restaurant uses. 7. Automobile and vehicle uses. 8. Industrial, manufacturing, and processing uses. Page 475 of 882 B. Permit requirements. Generally, a use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning permits or entitlements identified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) include: 1. Permitted (P). A land use shown with a “P” indicates that the land use is permitted byright in the designated zone, subject to compliance with all applicable provisions ofthis title (e.g., development standards) as well state and federal law. 2. Permitted with a Minor Use Permit (M). A land use shown with an “M” indicates that the land use is permitted in the designated zone upon issuance of a minor use permit from the designated approving authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards) as well as state and federal law. 3. Conditionally permitted (C). A land use shown with a “C” indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit fromthe designated approving authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards) as well as state and federal law. 4. Not permitted (N). A land use shown with an “N” is not allowed in the applicable zone. Additionally, uses not shown in the table are not permitted, except as otherwise provided for in this title. 5. Adult entertainment permit (A). A land use shown with an “A” indicates that the landuse is permitted in the designated zone upon issuance of an adult entertainment permit from the designated approving authority, subject to compliance with all applicable provisions of this zoning code (e.g., development operational standards) as well as state andfederal law. C. Base zone and subzone names and symbols. Base zone and subzone names for the zone symbols used in the table are listed below. Specific Plan (SP) and is not listed in the table as the allowed uses for those zones are determined in compliance with the adopted Specific Plan. • Very Low Residential (VL), includes all subzones of VL: • Very Low Residential – Etiwanda Heights 14000 (VL-EH 14000) • Very Low Residential – Etiwanda Heights 9000 (VL-EH 9000) • Low Residential (L), includes all subzones of L: • Low Residential – Etiwanda Specific Plan (L-ESP) • Low Medium Residential (LM), includes all subzones of LM: • Low Medium Residential – Terra Vista (LV-TV) • Low Medium Residential – Etiwanda Specific Plan South (LM-ESP South) • Low Medium Residential – Etiwanda Specific Plan (LM-ESP) • Medium Residential (M), includes all subzones of M: • Medium Residential – Terra Vista 1 Page 476 of 882 (M-TV1) • Medium Residential – Etiwanda Specific Plan South (M-ESP South) • Medium Residential – Etiwanda Specific Plan (M-ESP) • Medium High Residential (MH), includes all subzones of MH: • Medium High Residential – Terra Vista (MH-TV) • High Residential (H), includes all subzones of H: • High Residential – Terra Vista (H-TV) • Neo-Industrial (NI) • Industrial Employment (IE) • Open Space Conservation (OSC) • Hillside Residential (HR) • Parks (P) • Flood Control/Utility Corridor (FC/UC) Page 477 of 882 TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONE Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Residential Uses Accessory Dwelling Unit P P P P P P N N P P N N Adult Day Care Home P P P P P P N N N P N N Caretaker Housing M M M M M M M M P M P P Dwelling, Multi-Family N N P P P P N N N N N N Dwelling, Single- Family P P P P N N N N P P N N Dwelling, Two-Family P P P P P P N N P P N N Emergency Shelter (10) N N N N N N C N N N N N Family Day Care Home P P P P P P P P P P P P Agricultural Employee Housing P P P P P P N N N N N N Guest House P P P N N N N N N N N N Group Residential M M M M M M N N N M N N Home Occupation (2) P P P P P P N N P P N N Live-Work Facility N N N N N N N N N N N N Manufactured Home P P P P N N N N P P N N Mobile Home Park (3) M M M M M M N N N N N N Residential Care Facility M M M M M M N N N N N N Residential Care Home P P P P P P N N P P N N Short-Term Rental (13) P P P P P P N P P P P P Single-Room Occupancy Facility N N N P P P N N N N N N Supportive Housing P P P P P P N N N P N N Transitional Housing P P P P P P N N N P N N Low Barrier Navigation Center C C P P P P N N N P N N Agriculture and Animal-Related Uses Agricultural Uses (15) N N N N N N N N P N P P Animal Keeping (4) M/P M/P M/P M/P M/P M/P N N N N N N Equestrian Facility, Commercial M N N N N N N N M N M M Equestrian Facility, Hobby P N N N N N N N N N N N Microscale Agriculture N N N N N P N N M N M M Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use M M M M M M C N Cemetery/Mausoleum N N N N N N N N Community Center/Civic Use M M M M M M P N Community Garden P P P P P P N N Convention Center N N N N N N C C Golf Course/Clubhouse N N N N N N N N Indoor Amusement/ Entertainment N N N N N N C N Facility Indoor Fitness and Sports Facility— N N N N N N C N Large Indoor Fitness and Sports Facility— N N N N N N M N Small Library and Museum M M M M M M N N N M N P N M N N N M N N M N N N N N N M P P P P N M N N N M N N N P N M N N N M Formatted Table Formatted Table Formatted Table Page 478 of 882 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Outdoor Commercial Recreation N N N N N N C N N N M N Park and Public Plaza P P P P P P M M P P P P Public Safety Facility M M M M M M C C N M P N Resource- Related Recreation P P P P P P N N P P P P School, Academic (Private) (16) M M M M M M C N N M M N School, Academic (Public) (16) P P P P P P P N N P M N School, College/University (Private) (16) M M M M M M C N N M M N School, College/University (Public) M M M M M M C N N C M N Schools, Specialized Education and Training/Studio N N N N N N C C N N M N Theaters and Auditoriums N N N N N N N N N N M N Tutoring Center—Large N N N N N N N N N N N N Tutoring Center—Small N N N N N N N N N N N N Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N N N P N N N N N Park and Ride Facility N N N N N N P C N N N N Parking Facility N N N N N N N N N N M N Transit Facility N N N N N N C C N N M N Utility Facility and Infrastructure— Fixed Based Structures (5, 11) N N N N N N C C C N M M Utility Facility and Infrastructure— Pipelines (5) P P P P P P P P P P P P Wind Energy System—Small (9) P N N N N N P P N N N N Service and Office Uses Adult Day Care Facility N N N N N C C N N N N N Adult-Oriented Business (6) N N N N N N A A N N N N Ambulance Service N N N N N N C P N N N N Animal Sales and Grooming N N N N N N N N N N N N Bail Bonds N N N N N N N N N N N N Banks and Financial Services N N N N N M P N N N N N Bed and Breakfast Inn M M M N N N N N N N N N Business Support Services N N N N N M P P N N N N Call Center N N N N N N M C N N N N Check Cashing Business (7) N N N N N N N N N N N N Child Day Care Facility/Center (16) N N N N N C P P N N C N Commercial Cannabis Activity N N N N N N N N N N N N Crematory Services (7) N N N N N N M N N N N N Hotel N N N N N N N N N N N N Kennel, Commercial N N N N N N C N N N N N Maintenance and Repair, Small Equipment N N N N N N P P N N N N Massage Establishment (12) N N N N N N N N N N N N Massage Establishment, Ancillary (12) N N N N N N P N N N N N Medical Services, Extended Care N M M M M M P N N N N N Formatted Table Formatted Table Formatted Table Page 479 of 882 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Medical Services, General N N N N N N P N N N N N Medical Services, Hospitals (16) N N M M M M P N N N N N Mortuary/Funeral Home Office, Business and Professional Office, Accessory N N N N N N N N N N N N N N N N N N N P P N N P N N N N N N N N N N N N Pawnshop (7) N N N N N N N N N N N N Personal Services Shooting Range N N N N N N N N N N C N P C P N N N N N N N N N Tattoo Shop (7) N N N N N N N N N N N N Veterinary Facility M N N N N N P P N N N N Retail and Restaurant Uses Alcoholic Beverage Sales N N N N N C M N N N N N Bar/Nightclub N N N N N N C N N N N N Building Materials Sales and Storage Yard N N N N N N M P N N N N Consignment Store N N N N N N N N N N N N Convenience Store N N N N N N M N N N N N Drive-In and Drive-Through Sales and Service (8) N N N N N N M N N N N N Electric Vehicle Showroom w/ Indoor Sales N N N N N N P P N N N N Electric Vehicle Showroom w/ Outdoor Sales N N N N N N P P N N N N Feed and Tack Store N N N N N N N N N N N N Garden Center/Plant Nursery N N N N N N P P P N P P Grocery Store/Supermarket N N N N N N N N N N N N Gun Sales N N N N N N M N N N N N Hookah Shop N N N N N N N N N N N N Home Improvement Supply Store N N N N N N P P N N N N Liquor Store N N N N N N M N N N N N Mobile Food Vehicle N N N N N M P P N N N N Restaurant, No Liquor Service N N N N N M P P N N N N Restaurant, Beer and Wine N N N N N C P C N N N N Restaurant, Full Liquor Service N N N N N N M N N N N N Retail, Accessory N N N N N M M P N N N N Retail, General N N N N N C M C N N N N Retail, Warehouse Club N N N N N N N N N N N N Secondhand Dealer N N N N N N N N N N N N Smoke Shop (7) N N N N N N N N N N N N Thrift Store (7) N N N N N N N N N N N N Automobile and Vehicle Uses Auto and Vehicle Sales and Rental N N N N N N M N N N N N Auto and Vehicle Sales, Auto broker N N N N N N C N N N N N Auto and Vehicle Sales, Wholesale N N N N N N P N N N N N Formatted Table Formatted Table Formatted Table Page 480 of 882 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Auto and Vehicle Storage (14) N N N N N N N N N N N N Auto Parts Sales Automobile Service Stations Car Washing and Detailing Electric Vehicle Repair and Service Alternative Fuel Station with Lounge Recreational Vehicle Storage Vehicle Services, Major Vehicle Services, Minor N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N P M N P P C P P N N N P M C P N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Industrial, Manufacturing, and Processing Uses (16) Commercial (Secondary/Accessory)- Industrial N N N N N N P P N N N N Commercial (Repurposing) - Industrial N N N N N N C C N N N N E-Commerce Distribution Distribution/ Fulfillment Center, Small (11) Distribution/ Fulfillment Center, Large N N N N N N N N N N N N P M P M N N N N N N N N Equipment Sales and Rental N N N N N N C P N N N N Parcel Sorting Facilities N N N N N N N N N N N N Parcel Hub, Small (< 130,000 sq.ft.) N N N N N N N N N N N N Parcel Hub, Large (>130,000 sq.ft.) N N N N N N N N N N N N Food Processing/Manufacturing N N N N N N C C N N N N Lumber Yard N N N N N N N C N N N N Maker Space/Accessory Maker Space N N N N N M P P N N N N Manufacturing, Custom (11) N N N N N N P N N N N N Manufacturing, Green Technology N N N N N N P P N N N N Manufacturing, Light – Small (11) N N N N N N P P N N N N Manufacturing, Light – Large (11) N N N N N N M M N N N N Microbrewery N N N N N N P P N N N N Printing and Publishing N N N N N N P N N N N N Recycling Facility, Collection N N N N N N C C N N N N Recycling Facility, Processing N N N N N N C C N N N N Research and Development N N N N N N P P N N N N Storage, Personal Storage Facility N N N N N N C C N N N N Storage Warehouse N N N N N N C C N N N N Wholesale and Distribution - Light (11) N N N N N N P P N N N N Wholesale and Distribution - Medium (11) N N N N N N C P N N N N Work/Live N N N N N N P P N N N N Table Notes: 1. Reserved. 2. See additional regulations for home occupations in Chapter 17.92. 3. See additional regulations for mobile homes in Chapter 17.96. Formatted Table Formatted Table Formatted Table Formatted Table Page 481 of 882 4. Permitted or requires Minor Use Permit. See regulations for animal keeping in Chapter 17.88. 5. Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. 6. See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. 7. See additional regulations for special regulated uses in Chapter 17.102. 8. See additional regulations for drive-in and drive-through facilities in Chapter 17.90. 9. Not permitted within 300 feet of residentially zoned property. See additional regulations for wind energy systems in Chapter 17.76. 10. See additional regulations for emergency shelters in Chapter 17.110. 11. Permitted in Industrial Park and General Industrial zoning districts when proposed in conjunction with “Commercial (Repurposing) — Industrial”.Retail sales from the premises require a conditional use permit. 12. Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 13. A short-term rental must be a single-family residence in zoning districts other than VL, L, and LM. See additional regulations for short-term rentals in Chapter 8.34. 14. Auto and vehicle storage is permitted as an on- or off-site accessory use to any manufacturing use upon issuance of a minor use permit. The minor use permit may also permit truck storage as an accessory use to manufacturing. 15. See additional regulations for agricultural uses. 16. Minimum 1,000 feet from a use in an Industrial Zone that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week. (Code 1980, § 17.30.030; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013; Ord. No. 860 § 4, 2013; Ord. No. 863 § 4, 2013; Ord. No. 867, 2014; Ord. No. 873 §§ 4, 6, 2015; Ord. No. 879 § 4, 2015; Ord. No. 881 § 4, 2015; Ord. No. 866 § 4, 2016; Ord. No. 895 § 3, 2016; Ord. No. 921 § 5, 2017; Ord. No. 922 § 3, 2017; Ord. No. 938 § 5, 2018; Ord. No. 944 § 2, 2019; Ord. No. 948 § 4, 2019; Ord. No. 949 § 1, 2019) 17.30.040 Other allowed use provisions. In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), additional allowed use provisions are described in the following articles and chapters of this title: A. Specific use requirements. Article V (Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in article V are intended to supplement the allowed use regulations in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). B. Outdoor sales and operations. Unless permitted by definition in chapter 17.32 (Allowed Use Descriptions) or permitted as a temporary use with an approved permit in chapter 17.104 (Temporary Uses), all businesses shall be conducted within an enclosed building. C. Temporary uses. In addition to the permanent land use listings in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), chapter 17.104 (Temporary Uses) establishes regulations for uses that are temporary in nature. D. Overlay zones. In addition to the allowed land use regulations in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) for the city’s base zones, chapter 17.38 (Overlay Zones) identifies special regulations and requirements for land uses within the Overlay Zones. Page 482 of 882 E. Special planning areas. Article VI (Special Planning Areas) identifies areas of the city with adopted planning documents for development within each respective project area (e.g., specific plans, Planned Communities, master plans). These planning documents establish land use and/or development regulations that are unique to the particular project area. Where those planning documents conflict with allowed use listings in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), the allowed uses in the Special Planning Area documents shall prevail. F. Conversion of residential structures. No structure originally designed as a residence (including hotels and motels), or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the building and site are improved to meet all Code requirements for an office or commercial development. This includes such things as, but not limited to, building code requirements, fire code requirements, and Development Code requirements. Such a conversion shall be subject to the development review or conditional use permit process, as required by the base zone use regulations contained in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). G. Hillside residential. 1. The Hillside Residential Zone permits single residential dwellings either on separate lots or clustered together in a buildable area along with accessory structures only. Uses other than residential dwellings are deemed to be too intensive and are not consistent with the general plan. 2. Hillside development review is required for any subdivision or development within the Hillside Residential Zone. As part of the hillside development review, environmental studies and investigations such as, but not limited to, geological, hydrological, seismic, slope and soil conditions, access/circulation, and biota research, shall be conducted for any development in this zone. Based on this information, the actual number of dwelling units shall be determined. However, the maximum density shall not exceed two dwelling units per net buildable acre. Determining the buildable area of a site must also meet the performance development criteria in this chapter. Additionally, a site plan showing lot layouts, access, street design, building locations, building design, vegetation management, wildfire protection, and grading shall be prepared in accordance with the review procedures contained in article II (Land Use and Development Procedures). All such proposals must comply with the absolute policies, design standards, and standards in this title. (Code 1980, § 17.30.040; Ord. No. 855, § 4, 2012) H. Additional Agricultural uses. Agricultural uses are allowed on certain lots, subject to the requirements of Section 17.32.030 (Agricultural uses permitted or conditionally permitted). I. Industrial Interim uses. Additional uses are allowed in certain industrial zones on an interim basis, according to Section 17.36.40.D. Chapter 17.32 ALLOWED USE DESCRIPTIONS 17.32.010 Purpose. The purpose of this chapter is to describe use classifications listed in chapter 17.30 (Allowed Land Use by Base Zone). Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics. This chapter should be used as a reference for the land use classifications listed throughout this title. Additional definitions for specialized terms used in the zoning code can be found in article IX (Glossary). (Code 1980, § 17.32.010; Ord. No. 855, § 4, 2012) 17.32.020 Allowed use descriptions. The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and Page 483 of 882 throughout this title. Individual use classifications describe one or more uses having similar characteristics, but do not list every use or activity thatmay appropriately be within the classification. Allowed uses are organized into the following use categories as follows: • Residential uses. • Agriculture and animal-related uses. • Recreation, resource preservation, open space, education, and public assembly uses. • Utility, transportation, public facility, and communication uses. • Office and service uses. • Retail and restaurant uses. • Automobile and vehicle uses. • Industrial, manufacturing, and processing uses. A. Residential uses. 1. Adult day care home. Defined by state law as the provision of nonmedical care tosix or fewer adults, including seniors, in the provider’s own home, for a period of less than24 hours at a time. Homes serving more than six adults are included in adult day care facility. 2. Caretaker housing. A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring offacilities, equipment, or other conditions on the site. 3. Dwelling, multi-family. A building designed and intended for occupancy by three ormore households living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., triplex, quadplex, apartment, apartment house, townhouse, condominium). 4. Dwelling, single-family. A building designed exclusively for occupancy by one household on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code §18007) and model homes for the first sale of homes within the subdivision. 5. Dwelling, two-family. An attached building (e.g., duplex) designed for occupancy by two households living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). Does not include accessory dwelling units. 6. Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less by a homeless person. No individual may be denied emergency shelter because of an inability to pay. 7. Family day care home. State-licensed facilities that provide nonmedical careand supervision of minor children for periods of less than 24 hours within a single-family or multi-family dwelling. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the Health and Safety Code, large daycare homes may provide services for up to 14 children when specific conditions are met. 8. Group residential. Shared living quarters without separate kitchen and/or bathroomfacilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boardinghouses, which are defined as a building other than a hotel or restaurant where meals or lodging or both meals and lodging are provided for compensation for four or morepersons. Page 484 of 882 9. Guest house. A detached structure accessory to a single-family dwelling, accommodating living and/or sleeping quarters, but without kitchen or cooking facilities. 10. Home occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate tothe residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottagefood uses, consistent with state law. 11. Live-work facility. A structure or portion of a structure: a. That combines a commercial or manufacturing activity allowed in the zonewith a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household; b. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; c. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises; and d. The commercial or manufacturing activity is secondary to the residential living space. 12. Manufactured home. California Health and Safety Code § 18007 defines a manufactured home as a structure, that meets the following criteria: a. Transportable in one or more sections. b. When in the traveling mode, is eight body feet or more in width, or 40 bodyfeet or more in length, or, when erected on-site, is 320 or more square feet. c. Built on a permanent chassis. d. Designed to be used as a residential dwelling. e. Erected with or without a permanent foundation when connected to therequired utilities. f. Includes the plumbing, heating, air conditioning, and electrical systemscontained therein. This term shall include any structure that meets all the requirements of thisparagraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. Manufactured home includes a mobile home subject to the National ManufacturedHousing Construction and Safety Act of 1974 (42 USC section 5401 et seq.). 13. Mobile home park. Consistent with definitions of state law (Health and Safety Codesection 18214), a mobile home park is 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 formerlyheld 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. 14. Residential care facility. Consistent with the definitions of state law, a residential care facility provides housing and 24- hour nonmedical care for seven or more children, elderly persons, or physically and mentally handicapped persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustainingthe activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the Page 485 of 882 State of California. Convalescent homes, nursing homes, and similar facilities providing medical care for more than six persons are included under the definition of medical services, extended care. When located in the low (L) and low-medium (LM) residential zones, a residential care facility shall maintain a minimum three-acre project area. 15. Residential care home. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for six or fewer children, elderly persons, or physically and mentally handicapped persons in a family-like environment. These facilities include the following: a. An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in Health and Safety Code §1267.8; b. A community care facility as identified in Health and Safety Code §1566.3; c. A residential care facility for the elderly as identified in Health and Safety Code §1569.85; d. An alcoholism or drug abuse recovery or treatment facility as identified in Health and Safety Code §11834.02; e. A home for the care of mentally disordered or otherwise handicapped persons as identified in Welfare and Institutions Code §5116; f. A home for the care of dependent and neglected children as identified in the Welfare and Institutions Code §300, but not including wards of the court as identified in the Welfare and Institutions Code §601ff. A residential care facility may also allow a person who has been diagnosed by his or her physician or surgeon as terminally ill, as defined in §1568.01(l) of the Health and Safety Code, to become a resident of the facility if the person receives hospice services from a hospice certified in accordance with federal Medicare conditions of participation and is licensed pursuant to Chapter 8 (commencing with §1725) or Chapter 8.5 (commencing with §1745) of the Health and Safety Code. (Health and Safety Code, §1568.02) 16. Short-term rental. A short-term rental is a dwelling unit, or any portion thereof, thatis rented by the host to another party for a period of not more than 30 consecutive days inexchange for any form of monetary or non-monetary consideration, including trade, fee, swap or any other consideration in lieu of cash payment. Hosted stays, un-hosted stays, and vacation rentals are types of short-term rental. Related definitions are available in Section 8.34.010. 17. Single-room occupancy (SRO) facility. Multi-unit housing for very low-income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors orbe available to persons of all ages. Subsidized versions may be supervised by agovernment housing agency. 18. Transitional housing. Consistent with Health and Safety Code section 50675.2, transitional housing is defined as buildings configured as rental housing developments butoperated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. 19. Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists 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. Page 486 of 882 20. Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. B. Agriculture and animal-related uses. 1. Agricultural uses. This use category includes farms, orchards, vineyards, livestock grazing, and hydroponics, including on-site sales of products grown on site. 2. Animal keeping. Care and maintenance of animals on private property. The listingbelow provides a distinction between various types of animals related to allowed use provisions in chapter 17.88 Animal Regulations. This classification is distinct from “animal sales and grooming” and “equestrian facility (commercial or hobby).” Also see Kennel, commercial, which providesfor the boarding of animals (e.g., doggie day-care). a. Bee colony. The hive and its equipment and appurtenances including honeybees, comb, honey, pollen, and brood. b. Domestic pets. Small animals (no larger than the largest breed of dog) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds not raised for their eggs or meat. c. Exotic animals. Wild animals not customarily confined or cultivated for domestic or commercial purposes but kept as a pet or for display. This classification includes, but is not limited to, arachnids, non-poisonous snakes, reptiles, large tropical birds, and wolf-dog hybrids. d. Livestock animals. Domesticated animals raised to produce commodities such as food, fiber, and labor. i. Livestock, large. Bovine, horses, and other similar-sized animals. ii. Livestock, medium. Llamas, alpacas, ostriches, ponies, donkeys, mules, sheep, goats, swine, and other similar-sized animals. iii. Livestock, small. Miniature goats, miniature pigs, poultry, rabbits, and other similar- sized animals. iv. Miniature pigs. Small breeds of domestic pig, characterized by a swayed back and weight ranging up to 90 pounds and 18 inches in height (measured at the shoulder). This classification includes Vietnamese, Chinese, or Asian pot-bellied pigs, Göttingen minipigs, and other similar-sized breeds. e. Poultry. Poultry. A domesticated bird (also called fowl) that is used to produce meat or eggs. This classification includes, but is not limited to, chickens, roosters, ducks, pigeons, quail, geese, turkeys, guinea fowl, and Cornish game hens. “Poultry, crowing” includes roosters, peacocks, peahens, and similar animals known to make noises whose volume or frequency amounts to a nuisance. 3. Equestrian facility, commercial. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibitionfacilities (for shows or other competitive events), pack stations, and barns, stables, corrals,and paddocks accessory and incidental to these uses. 4. Equestrian facility, hobby. Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals. Page 487 of 882 5. Microscale Agriculture. The production of food in a form and scale that is appropriate for an urban mixed-use or commercial context, most commonly for the cultivation of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs for sale or donation of its produce to the public. C. Recreation, resource preservation, open space, education, and public assembly uses. 1. Assembly use. A permanent meeting facility for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social, and fraternal organizations; labor unions and similar organizations; political organizations; religious organizations; professionalmembership organizations; and other membership organizations. 2. Cemetery/mausoleum. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums and mausoleums. Also see descriptions for “Mortuary/funeral home” and “Crematory services”. 3. Community center/civic use. Multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchen, and/or outdoorbarbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. 4. Community garden. A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables, and culinary herbs for personal consumption and/or to be offered for sale on site or at a local certified farmers’market. 5. Convention center. A large building designed to hold a convention, where individuals and groups gather to promote and share common interests. Convention centers typically offer sufficient floor area to accommodate several thousand attendees. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms. Some large resort- area hotelsinclude a convention center. 6. Golf course/clubhouse. A golf course and accessory facilities and uses including clubhouses with bar and restaurant, locker and shower facilities, driving ranges, “pro shops” for on-site sales of golfing equipment, and golf cart storage and sales facilities. 7. Indoor amusement/entertainment facility. An establishment providing amusementand entertainment services in an indoor facility for a fee or admission charge, including, but not limited to, dance halls, ballrooms, bowling alleys, laser tag, inflatable playgrounds,trampoline parks, escape room venues and electronic game arcades, as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or premises where 50% or more of the floor area is occupied by amusement devices, are considered an amusement device arcade as described above; three or less machines arenot considered a land use separate from the primary use of the site. 8. Indoor fitness and sports facility, large. An establishment predominantly for participant sports and health activities conducted entirely within an enclosed building or tenant space greater than 2,500 square feet. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use classification also includes studio-style facilitiessuch as dance/ballet, yoga, martial arts, and fitness studios. 9. Indoor fitness and sports facility, small. An establishment predominantly for participant sports and health activities conducted entirely within an enclosed building or tenant space lessthan or equal to 2,500 square feet. Typical uses include studio-style facilities such as dance/ballet, yoga, martial arts, and fitness studios but may also include uses described in “indoor fitness and sports facilities, large” if they are in an enclosed building less than or equal to 2,500 square feet. Page 488 of 882 10. Library and museum. A public or quasi-public facility including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature. 11. Outdoor commercial recreation. Facility for various outdoor participant sports andtypes of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniaturegolf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos). 12. Park and public plaza. A public park including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. Ifprivately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of “outdoor commercial recreation.” 13. Public safety facility. Facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities. 14. Resource-related recreation. Facility related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretivecenters. 15. School, academic (private). Any privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through 12th grade. This listing also includes aprivate school operating under a charter from the local school district and not managed directly by the governing body of the public school district (e.g., school board). 16. School, academic (public). Public elementary schools, middle schools, secondaryschools, high schools, and any other public school providing academic instruction for students from kindergarten through 12th grade. 17. School, college/university (private). Any privately owned college or university, including medical schools, law schools, and other instruction of higher education, including dorms, offices, facility maintenance yards, offices, and similar supportive functions. 18. School, college/university (public). Public community colleges, colleges, and universities, including dorms, offices, facility maintenance yards, offices, and similar supportive functions. 19. School, specialized education and training. Specialty schools for instructing and training students in a variety of specialized programs, including, but not limited to, computers and electronics training, drama, driver educational, language, music. Includesprofessional, vocational, and trade schools of a nonindustrial nature (e.g., culinary, cosmetology, arts and media, accounting and finance, health and dental including nursing,legal, psychology, and technology). Technical and vocational schools/colleges are included in this description. 20. Theater and auditorium. An indoor facility for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see Outdoor commercial recreation. 21. Tutoring center, large. An indoor facility where instructors teach, coach, or educatestudents with more than ten instructors and/or students using the facility at any given time. Page 489 of 882 22. Tutoring center, small. An indoor facility where instructors teach, coach, or educatestudents with ten or fewer instructors and/or students using the facility at any given time. D. Utility, transportation, public facility, and communication uses. 1. Broadcasting and recording studio. Commercial and public communications usesincluding radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers. 2. Park and ride facility. A designated area where a vehicle may be left in order for the driver to carpool with other commuters or to ride public transit. 3. Parking facility. A parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parkingrequirements for the development are not included in this definition. 4. Transit facility. A maintenance and service center for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, monorail, etc. 5. Utility facility and infrastructure, fixed-base structures. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any ofthe following facilities that are not exempted from land use entitlements by Government Code section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers (classified in offices)or equipment and material storage yards. 6. Utility facility and infrastructure, pipelines. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmissionof electrical energy for sale, including transmission lines for a public utility company. Alsoincludes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. 7. Wind energy system, small. A machine which can convert kinetic energy in wind into a usable form of electrical or mechanical energy intended primarily for on-site consumption but may transfer excess energy into the electrical grid. E. Service and Office uses. 1. Adult day care facility. State-licensed facility that provides nonmedical care and supervision for more than six adults for periods of less than 24 hours, with no overnight stays. 2. Adult-oriented business. a. Adult bookstore or adult video store. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following: i. Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassette tapes, digital video discs, slides, tapes, records, compact discs, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. Page 490 of 882 ii. Instruments, devices, or paraphernalia which are designed for useor marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. b. Adult cabaret. A nightclub, theater, concert hall, auditorium, bar, or other similar establishment that regularly features live or media presentations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomicalareas. c. Adult motel. A motel, hotel or similar commercial establishment which: i. Offers public accommodations, for any form of consideration, whichprovides patrons with closed-circuit television transmissions, films, motionpictures, videocassettes, DVDs, CDs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertise the availability of this sexually oriented type of material by meansof a sign visible from the public right-of-way, or by means of any off- premises advertising including but not limited to, newspapers, magazines,pamphlets or leaflets, radio or television; ii. Offers a sleeping room for rent for a period of time less than ten hours; or iii. Allows a tenant or occupant to sub-rent the sleeping room for a timeperiod of less than ten hours. d. Adult news rack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas. e. Adult theater. An enclosed or unenclosed building, to which the public is permitted or invited, used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. f. Adult viewing area. An area in any adult book and/or novelty store, cabaret,theater, motion picture arcade or other adult entertainment business, where a patron or customer would ordinarily be positioned for the purpose of viewing or watching a performance, picture show, or film. g. Bathhouse. An establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. 3. Ambulance service. Emergency medical care and transportation, including incidental storage and maintenance of vehicles. 4. Animal sales and grooming. Retail sales of domestic and exotic animals, bathing and trimming services, and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use. Boarding for periods longer than 72 hours is considered a kennel. 5. Bail bonds. A business providing a bond or obligation on behalf of a prisoner to insure the prisoner’s appearance in court at the return of the writ. 6. Banks and financial services. Financial institutions such as banks and trustcompanies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment Page 491 of 882 companies. Freestanding exterior automated tellermachines (ATM) are considered an accessory use and not part of this definition. 7. Bed and breakfast inn. A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn withmore than six guest rooms is considered a hotel or motel and is included under the definition of hotels and motels. 8. Business support services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: a. Equipment repair services (except vehicle repair, see “Vehicle services, major” and “”Vehicle services, minor”); b. Commercial art and design (production); c. Computer-related services (rental, repair); d. Copying, quick printing, and blueprinting services (other than those definedas printing and publishing); e. Equipment rental businesses within buildings (rental yards are storageyards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; i. Mail advertising services (reproduction and shipping); j. Mail box services and other “heavy service” business services; k. Outdoor advertising services; and l. Photocopying and photofinishing. 9. Call center. An office equipped to handle a large volume of calls, especially for taking orders or servicing customers. 10. Check cashing business. An establishment that, for compensation, engages in thebusiness of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union, or similar financial institution (see “Banks and financial services”). 11. Child-care facility/center. A facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, or school-age child-care centers as defined in this title. 12. Commercial cannabis activity. Any location providing for the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging,labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed bythe state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Page 492 of 882 Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. 13. Crematory services. An establishment providing services involving the care, preparation, and disposition of human and/or animal remains by means of cremation. Uses typically include, but are not limited to, crematories and crematories with embalmingservices. 14. Hotel. A facility with guest rooms or suites rented to the general public for transientlodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, personal services, etc. A hotel also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessoryretail uses, etc. 15. Kennel, commercial. A facility that provides boarding of animals as the primary useof the facility. May also include daytime boarding and activity for animals (e.g., “doggie day-care”) and ancillary grooming facilities. Also see “Animal sales and grooming”. 16. Maintenance and repair, small equipment. Establishments providing on-site repairand accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirelywithin an enclosed building. Does not include maintenance and repair of vehicles. 17. Massage establishment. Any establishment where customers can receive a massage either as a primary or accessory function and where all massage therapists andpractitioners are certified by the California Massage Therapy Council. 18. Medical services, extended care. Residential facilities providing nursing and health-related care for more than six persons as a primary use with inpatient beds, such as board and care homes,convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included underResidential care home. Care facilities for six or fewer persons are regulated under Residential Care home. 19. Medical services, general. Facility primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which is separatefrom hospitals, including medical and dental laboratories, medical, dental, and psychiatricoffices, outpatient care facilities, and other allied health services. Counseling services byother than medical doctors or psychiatrists are included under Office, business and professional. 20. Medical services, hospitals. 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 complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see “Retail, accessory”), and emergency heliports. 21. Mortuary/funeral home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include crematorium, which is a separate use classification. 22. Office, accessory. An office that is incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for Page 493 of 882 this definition is that the floor area of the accessory office use shall not exceed 50% of the total net habitable or leasable floor areaof the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 23. Office, business and professional. This use listing includes offices of administrativebusinesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations), and offices engaged inthe production of intellectual property (e.g., advertising, architecture, computerprogramming). This use does not include medical offices (see “Medical services, general”); temporary offices, or offices that are incidental and accessory to another business or salesactivity that is the primary use (see “Office, accessory”). Outdoor storage of materials is prohibited. 24. Pawnshop. Any room, store, building, or other place in which the business of pawnbrokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 25. Personal services. Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup),weight loss clinics, day spas, spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided. Thisuse classification does not include massage or tattoo establishments – see “Massage establishment” and “Tattoo shop”. 26. Shooting range. An establishment in which the primary use is an enclosed firing range with targets for rifle or handgun practice, training, or both. The establishment may include an ancillary retail space for a business that is engaged in the sale, transfer, exchange, leasing or vending of firearms, ammunition and/or related materials. The ancillary retail component may not exceed 25% of the gross floor area and may not engage in businesses related to the operation of pawnshops, secondhand stores or thriftstores as defined in this title. 27. Tattoo shop. An establishment that engages in the business of body modification made by inserting ink, dyes, and/or pigments, either indelible or temporary, into the dermis layer of the skin to form a design. 28. Veterinary facility. Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provideslong-term medical care. Grooming and boarding of animals is allowed only if accessory tothe facility use. F. Retail and Restaurant uses. 1. Alcoholic beverage sales. The retail sale of beverages containing alcohol for off- site consumption subject to regulation by the California Department of Alcoholic Beverage Control (ABC) as an off-sale establishment. On-site alcoholic beverage sales are includedin the definitions for “Bar/nightclub” and “Restaurant”. 2. Bar/nightclub. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy, subject to an entertainment permit) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas. Page 494 of 882 3. Building construction materials sales and storage yard. A retail establishment selling large amounts of building materials such as lumber, roofing, fresh water and sewer pipes, paving, and electrical equipment, where most display and storage are outside of an enclosed structure. Professional contractor sales account for a major proportion of totalsales. Customers may also include the general public. Includes incidental retail ready-mix concrete operations, except where excluded bya specific zone. See description for “Home improvement supply store” for specialty stores that cater to the general public. 4. Consignment store. A retail store where goods are placed on consignment, whichis the act of placing goods in the hands of another, while still retaining ownership, until thegoods are sold. 5. Convenience store. An easy access retail store in a building or tenant space of 5,000 square feet or less in gross floor area, which carries a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. 6. Drive-in and drive-through sales and service. A use where a customer is permittedor encouraged, either by the design of physical facilities or by the service and/or packagingprocedures offered, to be served while remaining seated within an automobile including, but not limited to, drive-through food, financial services, and automated car washes. 7. Electric vehicle showroom with indoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as point of sale or rental of vehicles, parts, or accessories which are stored off site. Use may include storage of vehicles entirely inside the building. Minor auto repair to prepare cars to delivery to customers is permitted within an enclosed building. 8. Electric vehicle showroom with outdoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as a point of sale or rental of vehicles, parts, or accessories which are stored on site. Use may include storage of vehicles either inside or outside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building. 9. Equipment sales and rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g.,construction equipment). 10. Feed and tack store. A retail store selling animal food and equestrian supplies. 11. Garden center/plant nursery. Establishments providing for the cultivation and saleof ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment. 12. Grocery store/supermarket. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumptionaway from the site of the store. Such uses may include up to ten percent of floor area foralcohol sales. These full-service businesses do not typically have limited hours of operation. 13. Gun sales. A business whose primary use is the sale of firearms, ammunition andrelated materials. 14. Home improvement supply store. An establishment (retail or wholesale) that sellskitchen, bath, carpeting, and other home-oriented supplies. Other retail uses are permittedif accessory to the primary use. These uses may include an expansive showroom. This use classification is a subcategory of the larger “Building construction materials sales and storage yard” use classification and may be combined with or separate from such uses. 15. Hookah shop. Any facility or location whose business operation includes as an outdoor accessory use the smoking of tobacco or other substances through one or morepipes (commonly known as a hookah, waterpipe, shisha, or narghile) designed with a tubepassing through an urn of water that cools the smoke Page 495 of 882 as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges, or hookah cafes. 16. Liquor store. A retail establishment which has 50% or more of the shelving or grossfloor area devoted to the public display and sale of alcoholic beverages for off-site consumption. 17. Mobile food vehicle. Any vehicle, as defined in Vehicle Code section 670, whichis equipped and used for retail sales of prepared food or staple foods including, but not limited to, fruits, vegetables, animal protein, dairy products, and beverages. For the purposes of this section, a mobile food vehicle shallalso include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 18. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into three categories as follows: a. Restaurant, no liquor service. Restaurants that do not serve liquor, includingfast food establishments. b. Restaurant, beer and wine. Restaurants with liquor services limited to beer and wine for on- site consumption. May also include the brewing of beer as part ofa brewpub or micro- brewery. c. Restaurant, full liquor service. Restaurants with a full range of liquor service,including beer, wine, and distilled spirits, all for on-site consumption. 19. Retail, accessory. The retail sales of various products and services (including foodservice) in a subtenant store, space, or other clearly defined/dedicated area that is locatedwithin a building occupied by a primary tenant such as a health care facility, hotel, office building, or department store, supermarket, or warehouse store. These uses include, butare not limited to: a. Pharmacies, gift shops, and food services within a health care facility; b. Travel services, convenience stores, and food services within a hotel; c. Food services within an office building; and d. Food services and banking within a department store, supermarket, orwarehouse store. The floor area of the subtenant store/unit, space, or other clearly defined/dedicated area occupied by the retail, accessory use shall not exceed 25% of the gross floor area of the primary tenant. 20. Retail, general. Stores and shops selling single and multiple lines of merchandise.These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, departmentstores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of “garden center/plant nursery”), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialtyshops, sporting goods and equipment, stationery, and variety stores. 21. Retail, warehouse club. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membershipfees. 22. Secondhand dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal Page 496 of 882 property such as “cash for gold.” This use classification does not include a “coin dealer” or participants at gun shows or events, pawnshops or secondhand stores. Page 497 of 882 23. Smoke shop. An establishment that either devotes more than 15% of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two-foot by four-foot (two feet in depth maximum) section of shelf space for display for sale of smoking,drug, and/or tobacco paraphernalia. 24. Thrift store. A retail establishment selling secondhand goods donated by membersof the public. G. Automobile and vehicle uses. 1. Auto and vehicle sales and rental. Retail establishments selling and/or renting automobiles, trucks, and vans. Includes the sales and rental of mobile homes, recreationalvehicles, and boats. May also include 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 “Auto parts sales”), bicycle and moped sales (see“Retail, general”), tire sales and repair establishments (see “Vehicle services, major”), businesses dealing exclusively in used parts (see “Recycling facility, scrap and dismantling”), or servicestation, all of which are separately defined. 2. Auto and vehicle sales, auto broker. Establishments providing the service of arranging, negotiating, assisting or effectuating, for a fee or compensation, the purchase of a new or used vehicle, not owned by the broker for a person(s). This use, consistent with the licensing guidelines from the California Department of Motor Vehicles does not allow for the storage or display of vehicles on site. 3. Auto and vehicle sales, wholesale. Wholesale establishments selling new and used vehicles to licensed commercial auto dealers. This use, consistent with the licensingguidelines from the California Department of Motor Vehicles does not allow for the storageor display of vehicles on site. 4. Auto and vehicle storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes, but is not limited to, storage of parking tow- aways, impound yards, fleet yards and storage lots for automobiles (excluding recreationalvehicles), trucks, and buses. Does not include retail sales (see “Auto and vehicle sales, wholesale”). 5. Auto parts sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services, minor”). Does not include tire sales and repair establishments, which are found under “Vehicle services, major”, or businesses dealing exclusively in used parts, which are included under “Auto and vehicle sales, wholesale”. 6. 6.7. Car washing and detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conductedby volunteers and the duration of the event is limited to less than 12 hours within a day) are not part of this use classification. 8. 7.9. Electric vehicle service and repair. A use in which electric vehicles or vehicle parts are serviced or repaired. It may include other services for electric vehicles including, but not limited to, accessory towing, maintenance, battery stations, and an electric charging station. Any on-site car Automobile service station, general. A facility that is primarily for the purpose of retail sales of fuel (gasoline, diesel, ethanol etc.) for internal combustion powered vehicles. Electric vehicle charging, ancillary. A dedicated area where equipment and associated infrastructure is located for the purpose of charging the battery of an electric vehicle. Page 498 of 882 wash shall only be used to clean vehicles receiving maintenance or repair and shall not be made available for public use. May include electric vehicle showroom as an accessory use. 10. Alternative fuel station with lounge. A facility that is primarily for the purpose of retail sales of non-petroleum based fuel (e.g. electricity, hydrogen) for vehicles and associated ancillary facilities such as a lounge. The lounge includes seating and associated retail activities intended to serve customers waiting for their vehicles to refuel. 8.11. Recreational vehicle storage. Facilities for the storage of recreational vehicles. 9. Service station. A retail business selling gasoline or other motor vehicle fuels. Mayinclude a convenience store. Vehicle services which are incidental to fuel services are included under “Vehicle services, minor”. 10.12. Vehicle services, major. The repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major engine and/or transmission repair and bodywork- repair facilities dealing with entire vehicles; such establishments typically provide towing,collision repair, other bodywork, and painting services and tire sales and repairestablishments. 11.13. Vehicle services, minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, and tires). Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales”) or automobile dismantling yards, which are included under “Recycling facility, scrap and dismantling”. H. Industrial, manufacturing, and processing uses. 1. Commercial (secondary/accessory)—Industrial. On-site, retail sales of products within an industrial building (the subject building) for walk-in customers and/or will call customers who order products via the internet/telephone or at a separate location such asa retail store. This use is secondary/accessory to the primary industrial use(s) that occur on-site and/or within the subject building, such as manufacturing, wholesale, storage, anddistribution. The products available for retail sale shall be limited to products that are manufactured on-site or within the subject building, that are primarily sold on a wholesalebasis, and/or are stored in, and/or distributed from, the subject building. Such products include, but are not limited to: a. Personal/home electronic equipment and accessories; b. Home improvement materials (tile, flooring, carpet, wall covering, etc.); and c. Automotive accessories (wheels, tires, engine components, etc.). This classification allows, but does not require, physical retail and/or display/showroom space within the subject building. If such space is proposed/required, then the floor area used for that purpose shall only occupy the floor area that was originally designated for the office of the subject building, or 25 percent of the gross floor area of the subject building, whichever is less, and shall be subject to the parking requirements for retail uses as described in Table 17.64.050-1 — Parking Requirements by Land Use. Use of, and/or expansion into, areas of the building previously designated for storage, warehousing, or manufacturing is only permitted if it is demonstrated that the number of parking stalls that exist on-site for the overall subject building complies with the parking requirements described in Table 17.64.050-1. A use not permitted to operate as a principal use, such as Formatted: Font: Not Bold, Not Italic Page 499 of 882 a marijuana dispensary, is not permitted within this land use classification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the same permitting requirements within this land use classification. 2. Commercial (re-purposing)—Industrial. A set of multiple commercial uses operating together as subtenants in a building that was originally designed for a single industrial tenant such as a warehouse, or a single commercial tenant such as a department store. This land use classification applies only to commercial uses that, individually, could not utilize the entire floor space of the subject building and, therefore, would not operate as the sole, primary tenant of the building. This classification does notapply to single tenants/uses that could utilize the entire floor space of the subject building.Characteristics of this land use classification include, but are not limited to: a. An open floor plan with tenant demising walls that do not extend to the ceiling; b. Exterior wall signs that only provide identification of the subject building; c. Common, non-exclusive floor area within the interior of the building, and the exterior in the vicinity of the building, for use by the customers of all tenants; d. Tenant spaces with no direct access to the exterior of the building; and e. Shared parking. All proposals for re-purposing buildings shall require the submittal of a conditional use permit for review and approval by the planning director, and the submittal of a parking study prepared by a qualified traffic/parking engineer for review and acceptance by thedirector of engineering services/city engineer and planning director. With the exceptionof specific uses identified in Table 17.30.030-1, a use that is not permitted to operate as a principal use, such as a marijuana dispensary, is not permitted within this land useclassification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the samepermitting requirements within this land use classification. 3. E-Commerce Distribution. Activities that involve the buying, selling, and distribution of products and associated services over the internet or through mobile applications. Products are transported using freight trucks and stored in warehouses or fulfillment centers to then be distributed to designated shipping locations using delivery trucks. Includes the following categories of e-commerce distribution: a. Distribution/Fulfillment Center. A fulfillment center or similar use’s primary purpose is storage and distribution (non-sort) of e-commerce products to consumers or end-users, either directly or through a parcel hub. These facilities shall have a minimum ceiling height of 24 feet. i. Distribution/Fulfillment Center, Large. A distribution/fulfillmentcenter with a minimum gross floor area over 50,000 square feet. ii. Distribution/Fulfillment Center, Small. A distribution/fulfillment center with 50,000 square feet or less in gross floor area. b. Parcel Sorting Facilities. An establishment for sorting and/or re-distributionof parcels or products from distribution/fulfillment centers to a parcel hub via intramodal transit truck-to-truck. Page 500 of 882 c. Parcel Hub. A “last mile” facility or similar establishment for the processingand/or re-distribution of parcels or products. A parcel hub’s primary function is moving a shipment from one mode of transport to another for delivery directly to consumers or end-users. 1) Parcel Hub, Large. A parcel hub facility with a minimum gross floorarea over 130,000 square feet. 2) Parcel Hub, Small. A parcel hub facility with less than 130,000 square feet in gross floor area. 4. Food processing/manufacturing. Activities include methods of turning fresh foods into food products through various processes including, for example, washing, chopping,pasteurizing, freezing, fermenting, packaging, and cooking. 5. Lumber Yard. Activities include the storage, sale, and display of lumber, wood, andbuilding construction products. Lumber and wood products may be stored outside or withina structure. On- site milling and planing of wood is prohibited. 6. Maker Space. Activities typically include, but are not limited to on-site, small-scaleproduction of tangible goods including assembly of completely hand-fabricated parts or hand-fabrication of custom or craft goods not for mass production. Examples of maker space uses include ceramic studios, fabrics, inlays, needlework, weaving, leatherwork woodwork, 3D printing, laser cutting, local food and beverage production, metal or glass work, candle making, or custom jewelry. Goods are predominantly manufactured and fabricated involving only the use of hand tools or domestic-scaled mechanical equipmentand kilns not exceeding 20 square feet in size. Retail sales are permitted on site. Accessory retail areas cannot exceed 30 percent of the maker space floor area. 7. Manufacturing, custom. Activities typically include, but are not limited to, manufacturing, processing, assembling, packaging, treatment, or fabrication of custom- made products. These types of business establishments do not utilize raw materials for their finished products, but rather may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished products from these business establishments are ready for use or consumption and may include on-site wholesale andretail of the goods produced. Examples of custom manufacturing uses include, but are notlimited to household furniture, apparel products, electrical instruments signs and advertising displays, and assembly of bicycle parts. The uses do not produce odors, noise,vibration, or particulates that would adversely affect uses in the same structure or on a same site. Where 24-hour on-site surveillance is necessary, a caretaker’s residence maybe permitted when approved by a minor use permit. 8. Manufacturing, Green Technology. Activities typically include, but are not limited to, manufacturing, processing, assembling, packaging, treatment, or fabrication of finishedmade-to- order products utilizing semi-finished manufactured materials rather than raw materials. Examples of green technology manufacturing uses include, but are not limited to solar panels, wind turbines, geothermal system components, and batteries for electric vehicles/bicycles. The uses do not typically produce odors, noise, vibration, or particulatesthat would adversely affect uses in the same structure or on a same site. Where 24-hour on-site surveillance is necessary, a caretaker’s residence may be permitted with a minor use permit. Page 501 of 882 9. Manufacturing, light. Activities typically include, but are not limited to, labor- intensive manufacturing, assembly, fabrication, or repair processes which do not involve large container truck traffic or the transport of large-scale bulky products but may includelimited rail traffic. The new product may be finished in that it is ready for use orconsumption or it may be semi-finished to become a component for further assembly and packaging. These types of business establishments are customarily directed to the wholesale market, inter-plant transfer, rather than direct sale to the consumer. Such usesmay include, but are not limited to, electronic microchip assembly; printing, publishing, and allied industries; food processing and manufacturing; candy and other confectionery products; bottled or canned soft drinks and carbonated water; apparel and other finishedproducts; paperboard containers and boxes; drugs; medical equipment; and small fabricated metal products such as hand tools, general hardware, architectural, andornamental metal work and toys, amusement, sports, and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste materials, or particulates that would adversely affect other uses in the structure or on the same site. Where 24-hour on-site surveillance is necessary, a caretaker’s residence may be permitted when approved by a minor use permit. a. Manufacturing, Light – Large. A light manufacturing facility with a minimumgross floor area over 50,000 square feet b. Manufacturing, Light – Small. A light manufacturing facility with 50,000 square feet or less in gross floor area. 10. Microbrewery. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a conditional use permit. 11. Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing which are included in “business support services.” 12. Recycling facility, collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk- type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state. 13. Recycling facility, processing. A recycling facility located in a building or enclosedspace and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user’s specificationsby such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, Page 502 of 882 and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling facility, collection. 14. Research and development. Indoor facilities for scientific research, and the design,development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that is not associated with a manufacturing facility on the same site. Includes, but is not limited to, chemical, medical, and biotechnology research and development. Does not include computer software companies (see Office, business and professional), soils and other materials testing laboratories (see Business support services). 15. Storage, personal storage facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 16. Storage warehouse. Facility for the storage of furniture, household goods, or othercommercial goods of any nature. Includes cold storage and moving and storage services where no wholesale or distribution is conducted. Does not include mini-storage facilities offered for rent or lease to the general public (see Storage, personal storage facility) or warehouse facilities in which the primary purpose ofstorage is for wholesaling and distribution (see Wholesale and distribution (medium and light)). 17. Wholesale, and distribution, light. Activities typically include, but are not limited to, wholesaling and distribution of finished goods and/or food products from the premises. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Includes incidental storage and warehousing. Retail sales from the premises may occur when approved by a conditional minor use permit. 18. Wholesale and distribution, medium. Activities typically include, but are not limited to, wholesale and distribution of finished goods and/or food products from the premises; including distribution facilities for large-scale retail firms. Includes incidental storage and warehousing. Activities under this classification shall be conducted in enclosed buildings and occupy greater than 50,000 square feet of building space. Included are multi-tenant or speculative buildings with over50,000 square feet of warehouse space. 19. Work/Live. A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Typical types of work include small-scale, custom manufacturing of goods with limited on-site sales. The dedicated work area must be at least twice the size of the residential area with no more than two inhabitants living on thepremises. Work/Live uses are typically found in industrial zones and have a maximum gross floor area of 30,000 square feet. (Code 1980, § 17.32.020; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013; Ord. No. 860 § 4, 2013; Ord. No. 863 § 4, 2013; Ord. No. 867, 2014; Ord. No. 881 § 4, 2015; Ord. No. 886 § 4, 2016; Ord. No. 921 §§ 6, 7, 2017; Ord. No. 922 § 4, 2017; Ord. No. 938 §§ 6, 9, 2018; Ord. No. 949 § 4, 2019) 17.32.030 Agricultural uses permitted or permitted with a minor use permit. Prior to development, the following agricultural uses are either permitted or allowed permitted with a minor use permit on lots of two and one-half acres or more: Page 503 of 882 A. Permitted uses. 1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. 2. Raising, grazing, breeding, boarding or training of large or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: a. Cats and dogs shall be limited to the keeping of no more than five cats and/or four dogs, over four months of age, limited to lot size. b. Small livestock are allowed with the number of goats, sheep, and similar animals limited to 12 per acre of total gross area,. c. Cattle and horses, including calves and colts over six months of age, with a maximum number of four animals per acre of total gross area. d. Combinations of the above animals provided the total density on any given parcel shall not exceed that herein specified. e. In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer, or wild growth and further, where such grazing operation is not conducted for more than four weeks in any six- month period. 3. Aviary shall be limited to 50 birds per acre. 4. Retail sale of products raised on the property excluding retail nurseries and sale of animals for commercial purposes. B. Minor use permit required. 1. Wholesale distributor and processor of nursery-plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display is prohibited except for nursery-plant stock. 2. Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs. 3. The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, and similar small animals. 4. Frog farms. 5. Worm farms. (Ord. No. 881 § 4, 2015) Chapter 17.34 GENERAL DEVELOPMENT STANDARDS 17.34.010 Purpose and applicability. The purpose of this chapter is to provide the process for determining building height and setbacks and identifying exceptions to height limits and setback requirement. Additionally, this chapter also describes special site development requirements. These standards are applicable to all development in the city. (Code 1980, § 17.34.010; Ord. No. 855, § 4, 2012) 17.34.020 Building site requirements. Page 504 of 882 Chapter 17.36 (Development Standards by Base Zone) identifies the minimum development standards for development projects in the various base zones in the city. These include standards for minimum lot size, allowed density, height, and setback requirements. Additional requirements listed throughout this title include landscaping, fences and walls, lighting, and parking (see article IV, Site Development Provisions). (Code 1980, § 17.34.020; Ord. No. 855, § 4, 2012) 17.34.030 Height measurement and exceptions. The following rules apply to the calculation and determination of height of structures within the city. The intent of these regulations is to provide for compatibility in the measure of building height under a variety of circumstances (e.g., sloped site). A. Height measurement. The height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The measure excludes architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevator and similar mechanical equipment. B. Height limits. Height limits are established throughout this title. Primarily, height limits are listed in chapter 17.36 (Development Standards by Base Zone) where they are listed by zone. Additional height limits are established for accessory structures (chapter 17.42), fences and walls (chapter 17.48), outdoor lighting (chapter 17.58), and signs (chapters 17.72 and 17.74). C. Height exceptions. The following features are excluded from height limits, provided they do not exceed 15 feet in height above the structure (see Figure 17.34-030-2, Height Exceptions): 1. Flues. 2. Chimneys. 3. Spires, bell towers, or similar architectural features. FIGURE 17.34.030-2 HEIGHT EXCEPTIONS Page 505 of 882 (Code 1980, § 17.34.030; Ord. No. 855, § 4, 2012) 17.34.040 Setback requirements and exceptions. A. General yard and setback requirements. 1. Required yard area. Except as otherwise specified in this title, required yard areas shall be kept free of buildings and structures. 2. Exclusivity of required yard area. No yard or other open space provided around any building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building or structure. B. Front yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. However, for flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the “pole.” See Figure 17.34.040-1 (Front Yard Setback Measurement for Irregular Lots). FIGURE 17.34.040-1 FRONT YARD SETBACK MEASUREMENT FOR IRREGULAR LOTS C. Street yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. D. Rear and interior side yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, or similar accessory activities. Page 506 of 882 1. Vertical clearance. Except as otherwise provided in this title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to section 17.34.040.E (Allowed Encroachments or Projections into Required Yards). 2. Corner lots. In the case of a lot abutting two or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required front and street side yards. 3. Double-frontage lots. Where a double-frontage lot has a depth of 125 feet or more, such lot may be treated as two lots, with the rear line of each approximately equidistant from the front lot lines, provided all the yard requirements are met. 4. Setback measurement. The setback of all buildings and structures shall be measured at a right angle from the property line or curb face as listed below. Except as permitted in section 17.34.040.E (Allowed Encroachments or Projections Into Required Yards), or as otherwise specified in this title for specific types of structures (e.g., accessory structures, signs) or through the issuance of a variance, structures shall not extend beyond required setback lines. a. Front yard and corner side yard setbacks are measured from the curb face. b. Rear yards and interior side yard setbacks are measured from the property line. FIGURE 17.34.040-2 SETBACK MEASUREMENT E. Allowed encroachments or projections into required yards. In addition to the structures listed in section 17.42 (Accessory Structures) and section 17.48 (Fences, Walls, and Screening), the following structures and architectural features attached to the main building may project into the required yards: 1. Residential encroachments. Page 507 of 882 a. Eaves, roof projections, awnings, and similar architectural features may project into required yards a maximum distance of three feet, provided such appendages are supported only at, or behind, the building setback line. b. Chimneys, bay windows, media centers, fire escapes, exterior stairs and landings, and similar architectural features may project into required yards a maximum distance of two feet, provided such features shall be at least three feet from a property line. c. Balconies may project into required yards, private alleys, and access drive aisles, provided such features shall be at least three feet from a property line and minimum 10 feet vertical clearance is provided. d. Decks, platforms, uncovered porches, and landing places that do not exceed a height of 36 inches above grade may project into any front or corner side yard a maximum distance of six feet and project into any rear or interior side yard up to five feet from the property line. e. Minor structures and equipment. Minor accessory structures with less than 120 square feet of floor area, and not exceeding six feet in height, may be located within any interior side or rear setback area, but not within any front or corner side yard setback area except where screened from public view. Examples include, but are not limited to, storage sheds, trash enclosures, doghouses, play equipment, and playhouses. f. Pool accessories, including but not limited to slides, grottos and pool equipment shall not be located within five feet of the side or rear property line. 2. Nonresidential encroachments. a. Eaves, roof projections, awnings, and similar architectural features when located at least eight feet above grade may project into required yards a maximum distance of three feet, provided that such feature shall be at least five feet from a property line. b. Fireplace, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar features may project into the required yard a maximum distance of two feet, provided that such features shall not occupy more than 25 square feet of each required yard and shall be at least five feet from a property line. Page 508 of 882 FIGURE 17.34.040-3 ENCROACHMENTS B. Additions. For additions, the minimum side yard setback of the base zone or that of the existing house shall apply, whichever is less, but shall not encroach further into the side yard setback than the existing house. (Code 1980, § 17.34.040; Ord. No. 855, § 4, 2012; Ord. No. 881 § 4, 2015) Page 509 of 882 Chapter 17.36 DEVELOPMENT STANDARDS BY BASE ZONE 17.36.010 Development standards for residential zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within Residential Zones. Development standards in this section apply to all land designated on the zoning map within a Residential Zone. B. Residential zones described. As identified in chapter 17.26 (Establishment of Zones), the city includes six Residential Zones and thirteen subzones: 1. Very Low (VL). a. Very Low – Etiwanda Heights 14000 (VL-EH 14000) b. Very Low – Etiwanda Heights 9000 (VL-EH 9000) 2. Low (L). a. Low – Etiwanda Specific Plan (VL-ESP) 3. Low Medium (LM). a. Low Medium – Terra Vista (LM-TV) b. Low Medium - Etiwanda Specific Plan South (LM-ESP South) c. Low Medium - Etiwanda Specific Plan (LM-ESP) 4. Medium (M). a. Medium – Terra Vista 1 (M-TV1) b. Medium - Etiwanda Specific Plan South (M-ESP South) c. Medium - Etiwanda Specific Plan (M-ESP) 5. Medium High (MH). a. Medium High – Terra Vista (MH-TV) 6. High (H). a. High - Terra Vista (H-TV) C. Residential site development standards. General site development standards for Residential Zones are listed in Table 17.36.010-1A and Table 17.36.010-1B (Development Standards for Residential Zones). These development standards supplement the development standards in article IV (Site Development Provisions) that apply to all zones (e.g., parking, signs, landscaping, lighting). When there is no standard provided, there is no required minimum or maximum for that zone or subzone. Commented [AP1]: Missed in Phase 2 edits Page 510 of 882 TABLE 17.36.010-1A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONES Development Standard/Zone VL VL-EH 14000 VL-EH 9000 L L-ESP LM LM-TV LM- ESP South LM- ESP Lot area (minimum) 20,000 sf 14,000 sf 9,000 sf 7.200 sf 10,000 sf 5,000 sf 5,000 sf 5,000 sf 7,200 sf Lot area (minimum net avg) 22,500 sf - - 8,000 sf - 5,000 sf - - - Lot width (minimum) 90 ft (1) 80 ft 60 ft 65 ft (1) 80 ft 50 ft (1) 50 ft 50 ft 60 ft Lot width (corner lot) 100 ft - - 70 ft - 50 ft - - - Lot depth (minimum) 200 ft - - 100 ft 100 ft 90 ft - 90 ft 100 ft Minimum frontage 50 ft - - 40 ft 40 ft 30 ft - 30 ft 40 ft Minimum frontage (flag lot) 30 ft - - 20 ft - 20 ft - - - Allowed Density (dwelling units per acre) Minimum density (2) - - - - 2 du/ac 4 du/ac 4 du/ac 4 du/ac 4 du/ac Maximum density 2 du/ac 2 du/ac 2 du/ac 6 du/ac 6 du/ac 8 du/ac (3) 8 du/ac 8 du/ac 8 du/ac Minimum Setback Front yard (4) 42 ft (5) 20 ft 20 ft 37 ft (5) 25 ft 32 ft (5) 20 ft from curb 20 ft average vary ±5 ft 25 ft Corner side yard (4) 27 ft 15 ft 16 ft 27 ft 15 ft 22 ft - 15 ft 25 ft Interior side yard (4) 10/15 ft Not less than 15 ft total. 5 ft minimum on one side for a 1- story structure. 7' ft for a 2- story structure unless second story steps back 2 ft from first story. 5/10 ft 0/20 ft Total 20 ft 5/10 ft 0/10 ft total or 5/15 ft 0/15 ft Total 15 ft 0/15 ft Total 15 ft Rear yard (4) 60 ft 20 ft 20 ft 20 ft 25 ft 15 ft 10 ft 15 ft 20 ft Building Height (maximum in feet) (7) Primary buildings 35 ft 35 ft 36 ft 35 ft 35 ft 35 ft 35 ft - 35 ft Lot coverage (maximum lot coverage with buildings as a percentage of the parcel or project) Lot coverage 25% 30% 30% 40% 30% 50% 60% 50% 40% Open Space Requirement (minimum percentage of open space per parcel or project) Private open space (ground floor/upper story) - - - - - 300/150 sf - - - Open space (private and common) - - - - - 40%(12) - - - Minimum patio/porch depth 6 ft (8) - - 6 ft (8) - 6 ft (8) - - - Minimum Dwelling Unit Size (9) Page 511 of 882 Development Standard/Zone VL VL-EH 14000 VL-EH 9000 L L-ESP LM LM-TV LM- ESP South LM- ESP Single-family (attached and detached) - - - - - - - - - Multi-family (10) - - - - - - - - - Efficiency/studio - - - - - - - - - One bedroom - - - - - - - - - Three or more bedrooms - - - - - - - - - Distance Between Building/Structure Fronts (6) (11) (minimum) Between buildings with no patio or recessed patio - - - - - 30 ft - - - Between patio fence/wall less than 5 feet in height - - - - - 15 ft - - - Between patio fence/wall more than 5 feet in height - - - - - 20 ft - - - Between balconies above patio fence/wall more than 5 feet in height - - - - - 20 ft - - - Between a patio fence/wall and a building wall - - - - - 20 ft - - - With common patio fence/wall - - - - - 30 ft - - - Other Miscellaneous Building Setback Requirements (6) (minimum) Building to one-story detached garage/carport or other accessory structure - - - - - 6 ft/15 ft - - - Building to wall or curb at project entry - - - - - 20 ft - - - Table notes: (1) Average width, which shall vary accordingly: VL - +/- 10 feet; L & LM - +/- 5 feet (2) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in chapter 17.52 (Hillside Development Standards). (3) Developing multi-family in the LM zone and single-family in the M zone at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in section 17.36.020.D. (4) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (5) Average setback, which shall vary +/- five feet. Page 512 of 882 (6) Applies to buildings two stories and taller in height. Add ten more feet for each story over two stories. (7) In hillside areas, heights shall be limited to 30 feet. (8) Free and clear of obstructions. (9) Senior citizen projects are exempted from this requirement. (10) To assure that smaller units are not concentrated in any one area or project, the following percentage limitations of the total number of units shall apply: Ten percent for efficiency/studio and 35 percent for one bedroom or up to 35 percent combined. Subject to a conditional use permit, the planning commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (11) “Front” is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive; therefore, some buildings may have more than one front. (12) Waterways preserved count towards overall common open space requirements. TABLE 17.36.010-1B DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONES Development Standard/Zone M(15) M(16) M-TV1 M-ESP South M-ESP MH MH- TV H H-TV Lot area (minimum) 4,000 sf 3 ac (1) 3,500 sf 5,000 sf 7,200 sf 3 ac (1) 1 ac 3 ac (1) 2 ac Lot area (minimum net avg) 4,000 sf 3 ac (1) - - - 3 ac (1) - 3 ac (1) - Lot width (minimum) 45 ft - - 50 ft 60 ft - - - - Lot width (corner lot) 50 ft - - - - - - - - Lot depth (minimum) 80 ft - - - - - Minimum frontage 30 ft 100 ft - 30 ft 40 ft 100 ft - 100 ft - Minimum frontage (flag lot) 20 ft 50 ft - - - 50 ft - 50 ft - Allowed Density (dwelling units per acre) Minimum density (2) 8 du/ac 8 du/ac 8 du/ac 8 du/ac 8 du/ac 14 du/ac 14 du/ac 24 du/ac 24 du/ac Maximum density 14 du/ac 14 du/ac (3) 14 du/ac 14 du/ac 14 du/ac 24 du/ac 24 du/ac 30 du/ac 30 du/ac Minimum Setback Front yard (4) 27 ft (5) 37 ft (5) 20 ft from curb 20 ft average vary ±5 ft 25 ft - - - - Corner side yard (4) 17 ft 27 ft - 15 ft 25 ft - - - - Interior side yard (4) 5/5 ft 10 ft (6) 0/10 ft total or 5/15 ft 0/15 ft Total 15 ft 0/15 ft Total 15 ft - - - - Rear yard (4) 15 ft 10 ft (6) 10ft 15 ft 20 ft - - - - Building Height (maximum in feet) (8) Primary buildings 35 ft 35 ft (9) 35 ft - 35 ft 40 ft (9) 45 ft 55 ft (9) 65 ft Lot coverage (maximum lot coverage with buildings as a percentage of the parcel or project) Lot coverage 50% 50% 0% 50% 40% 50% 0% 50% 0% Open Space Requirement (minimum percentage of open space per parcel or project) Private open space (ground floor/upper story) - 225/150 sf - - - 150/100 sf - 150/100 sf - Page 513 of 882 Development Standard/Zone M(15) M(16) M-TV1 M-ESP South M-ESP MH MH- TV H H-TV Open space (private and common) 35%(17) 35%(17) - - - 35%(17) - 35%(17) - Minimum patio/porch depth 6 ft (10) 6 ft (10) - - - 6 ft (10) - 6 ft (10) - Minimum Dwelling Unit Size (1) Single-family (attached and detached) 1,000 sf - - - - - - - - Multi-family (12) 550 sf - - - - - - - - Efficiency/studio 650 sf - - - - - - - - One bedroom 800 sf - - - - - - - - Three or more bedrooms 950 sf - - - - - - - - Distance Between Building/Structure Fronts (7) (13) (minimum) Between buildings with no patio or recessed patio - 30 ft - - - 30 ft - 30 ft - Between patio fence/wall less than 5 feet in height - 15 ft - - - 15 ft - 15 ft - Between patio fence/wall more than 5 feet in height - 20 ft - - - 20 ft - 20 ft - Between balconies above patio fence/wall more than 5 feet in height - 20 ft - - - 20 ft - 20 ft - Between a patio fence/wall and a building wall - 20 ft - - - 20 ft - 20 ft - With common patio fence/wall - 30 ft - - - 30 ft - 30 ft - Other Miscellaneous Building Setback Requirements (7) (minimum) Building to one-story detached garage/carport or other accessory structure - 15 ft - - - 15 ft - 15 ft - Building to wall or curb at project entry - 20 ft - - - 20 ft - 20 ft - Table notes: (1) On existing lots of record, parcels less than three acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in chapter 17.52 (Hillside Development Standards). (4) Developing multi-family in the LM zone and single-family in the M zone at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in section 17.36.020.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback, which shall vary +/- five feet. (7) Add ten feet if adjacent to VL, L, or LM zone. (8) Applies to buildings two stories and taller in height. Add ten more feet for each story over two stories. (9) In hillside areas, heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L zone for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project, the following percentage limitations of the total number of units shall apply: Ten percent for efficiency/studio and 35 percent for one bedroom or up to 35 percent combined. Page 514 of 882 Subject to a conditional use permit, the planning commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) “Front” is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive; therefore, some buildings may have more than one front. (15) For single-family residential development in the Medium (M) Residential Zone, these standards shall apply. (16) For multi-family residential development in the Medium (M) Residential Zone, these standards shall apply. (17) Waterways preserved count towards overall common open space requirements. D. Recreation area/facility. Where required, in the M, MH and H residential zones, the developer shall provide recreational amenities in conjunction with common open space as follows: 1. Development consisting of 30 units or less shall provide three of the following recreational amenities: a. Open unobstructed lawn area with a minimum area of 1,000 square feet where one of the dimensions (width or depth) shall be a minimum of 50 feet. b. One enclosed tot lot with a minimum area of 500 square feet and a minimum of five different types of play equipment. c. Spa or pool. d. Barbecue facility equipped with grill, picnic benches, etc. 2. Development consisting of 31 units to 100 units shall provide another set of recreational amenities as described in section 17.122.040.M.1, or equivalent, as approved by the planning commission. 3. Development consistent of 101 units to 200 units shall provide five of the following recreational amenities, or equivalent, as approved by the planning commission: a. Two open unobstructed lawn areas of 1,000 square feet; one of the dimensions (width or depth) shall be a minimum of 50 feet. b. A minimum of two (but no more than four) enclosed tot lots each with a minimum area of 500 square feet and a minimum of five different types of play equipment. c. Pool and spa. d. Community multipurpose room equipped with kitchen, defined areas for games, exercises, etc. e. Barbecue facilities equipped with multiple grills, picnic benches, etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbecue facilities and their locations shall be subject to planning commission review and approval. f. Court facilities (e.g., tennis, volleyball, basketball). g. Jogging/walking trails with exercise stations. 4. For each 100 units above the first 200 units, another set of recreational amenities as described in section 17.122.040.M.3 shall be provided. Page 515 of 882 5. Other recreational amenities not listed above may be considered subject to planning commission review and approval. 6. Related recreational activities may be grouped together and located at any one area of the common open space. 7. Dispersal of recreational facilities throughout the site shall be required for development with multiple recreational facilities. All recreation areas or facilities required by this section shall be maintained by private homeowners associations, property owners, or private assessment districts. E. Other miscellaneous residential development standards. 1. Zero lot line. The dwelling unit may be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet, excluding the connecting elements such as fences, walls, and trellises. Pools, decks, garden features, and other similar elements shall be permitted within the ten-foot setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet in width along the adjacent lot and parallel with such wall. 2. Usable yard area. For single-family detached and semi-detached development, a minimum area of 400 square feet (with a minimum horizontal dimension if any direction of 15 feet) usable rear yard area that is graded flat and level shall be provided between the rear of the primary dwelling unit and the rear property line. If the development is located in an area with slopes or grade differences between properties, then this flat area shall be located at the top or toe (base) of non- retained slope banks. If there are retaining walls, this usable yard area shall be at the top and behind, or at the toe and in frant, of a retaining wall in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form, usable open space may be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor parking. For projects with private streets or driveways, visitor parking required by chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within 150 feet of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include, but is not limited to, pavement marking, freestanding signs designating the stalls as visitor parking, and directory signs guiding visitors to the visitor parking area. 4. Driveway depth/width. All lots within single-family detached and semi-detached residential developments shall have driveways designed to accommodate the parking of at least one automobile in a garage and one automobile on the driveway in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of 19 feet and width of 18 feet. Drive approach shall be developed per city standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Laundry facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall Page 516 of 882 be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units, or within the recreation room. The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing materials. a. New development within Residential Zones shall have tile roofing material made of clay, ceramic, concrete, slate, or composite materials such as fiber-glass. Metal tile roofing may be considered if it is demonstrated by the applicant that the general appearance of it (such as the surface finish, color, and texture) are equivalent to the general appearance of, for example, concrete tile. b. Existing development within Residential Zones may be re-roofed with a roofing material that is consistent with the architectural theme of the primary structure. At the discretion of the Planning Director, exceptions to this standard may be made for sustainable roof designs such as green roofs. c. Additions to existing residential structure(s) and new accessory structures shall have roofing material that matches the roofing material on the existing residential structure(s). The exceptions is that a patio cover addition with a flat roof may have composite rolled roofing. 7. Roof-mounted air conditioning units. Replacement of existing permitted roof mounted air conditioning units that are located on residential development may be permitted. All other proposed roof mounted air conditioning units shall be placed entirely out of public view as seen from a public street, sidewalk, or Regional/Community multi-purpose trail. 8. Slope planting. Slope banks five feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with groundcover for erosion control. Slope banks five feet or greater in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15- gallon or larger size tree per each 150 square feet of slope area, one one-gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of eight feet in vertical and of 2:1 or greater slope shall also include one five- gallon or larger size tree per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a homeowners’ association may be required by the planning commission on a case-by-case basis. 9. Waterways. Waterways, if preserved onsite, adjacent, or nearby shall be incorporated into the overall design of the development and count towards open space percentage requirements. 10. Street Connectivity. All new developments within single-family zones shall adhere to the following street connectivity standards: a. New streets shall connect to adjacent developments where streets exist, as practicable; Page 517 of 882 b. Cul-de-sacs and dead-end roads shall be prohibited; and c. New developments with entry and exit gates shall be prohibited. F. Special streetscape. It is the intent of this section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on street classification in the general plan circulation plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. Setbacks shall be measured from the face of the ultimate curb location. TABLE 17.36.010-3 RESIDENTIAL STREETSCAPE SETBACK STANDARDS Land Use and Street Classification Building Setback Parking Setback Landscape and Wall Setback (1) Detached Single-Family Residential Arterial Roadway/Boulevard 45 ft (3) 18 ft 20 ft average 18 ft minimum Collector Street/Bicycle Corridor 35 ft (3) 15 ft 18 ft average 15 ft minimum Attached Single-Family Residential and Multi-Family Residential Arterial Roadway/Boulevard (2) 45 ft 30 ft 45 ft average 30 ft minimum (2) Collector Street/Bicycle Corridor (2) 35 ft 25 ft 35 ft average 25 ft minimum (2) Table Notes: (1) On existing lots of record, parcels less than 175 feet in depth need not provide a setback of landscaping greater than 20% of the depth of the property (excluding right-of-way). (2) Add 10 feet to the setback when located within the M, MH, and H zones. (3) These setbacks shall not apply to accessory structures and shall only apply to the primary residence and room additions. FIGURE 17.36.010-1 SPECIAL STREETSCAPE SETBACK FOR SINGLE-FAMILY RESIDENTIAL Page 518 of 882 FIGURE 17.36.010-2 SPECIAL STREETSCAPE SETBACK FOR MULTI-FAMILY RESIDENTIAL Page 519 of 882 (Code 1980, § 17.36.010; Ord. No. 855, § 4, 2012; Ord. No. 860 § 4, 2013; Ord. No. 863 § 4, 2013; Ord. No. 867, 2014; Ord. No. 869, 2014; Ord. No. 881 § 4, 2015) Page 520 of 882 17.36.020 Development standards for two units in single-family residential zones. A. Purpose. This Section provides objective zoning and design standards for the development of residential units pursuant to Senate Bill (SB) 9. Development pursuant to his Section does not require discretionary review or a hearing and is processed ministerially through a plan check/zoning clearance. B. Applicability. SB 9 projects shall only be developed in single-family residential zones. For purposes of this Section, the following zones are considered single-family residential zones: 1. Very Low Residential (VL) 2. Low Residential (L) 3. Hillside Residential (HR) C. General Standards. All development pursuant to SB 9 shall comply with the following objective standards: 1. Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied. 2. Except where superseded by SB 9 or this Section, development shall comply with the objective development standards of the zone in which the lot is located. 3. Access to any unit shall not be across an easement that restricts such access. 4. More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished unless the site has not been occupied by a tenant in the last three years. 5. The lot shall contain no more than one pedestrian path connected to the public right-of-way or private street. 6. The development shall contain no exterior stairways except those leading from grade to the first floor. 7. Off-street parking shall be provided in accordance with the following standards: a. A minimum of one off-street parking space shall be provided for each residential unit. b. No off-street parking is required if either of the following apply: i. The lot is located within one-half mile walking distance of either: a high- quality transit corridor as defined in Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3. D. Additional Standards for New Construction. In addition to the standards of Subsection C, the standards of this Subsection apply if one or both residential units are new construction: 1. Maximum unit size shall be 800 square feet., except when rented at a level affordable to Low- Income (50%-80% of AMI) households, per Subsection J below, the maximum unit size may be up to 1,200 square feet. 2. No residential unit shall exceed a building height of one story. 3. No residential unit shall exceed a building height of 16 feet. 4. Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21. Page 521 of 882 5. If the residential units are built as separate buildings, the following standards shall apply: a. The buildings shall be located one in front of the other in relation to the street; b. The front building shall be at least as wide and as tall as the rear building; and c. The front building shall be positioned such that the rear building is not visible from the street when viewed from directly in front of the property. 6. If the residential units are built as a single building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. E. Additional Standards for Conversion of an Existing Dwelling. In addition to the standards of Subsection C, the standards of this section apply if an existing dwelling will be fully or partially retained: 1. Maximum unit size shall be 800 square feet, except when rented at a level affordable to Low- Income (50%-80% of AMI) households, per Subsection J below, the maximum unit size may be up to 1,200 square feet.. 2. The existing setbacks shall be maintained when converting or substantially redeveloping an existing structure to a two-unit residential development, except that additions to the existing dwelling shall have a minimum setback of four feet from side and rear property lines. 3. Additions to the existing dwelling shall not increase the building height beyond the allowable maximum of the respective base zoning district. 4. If two residential units are located in the same building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. F. Additional Standards for Urban Lot Split Projects. In addition to the standards of Subsections C, D, and E as applicable, the standards of this Subsection apply if the residential units will be located on lots created by an urban lot split. 1. Each lot created by the parcel map shall be used solely for residential uses. 2. No lot created by the parcel map shall have more than two residential units, inclusive of any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). No ADU or JADU shall be allowed on any parcel created by an urban lot split if the subdivider uses the authority provided under Government Code Section 65852.21. 3. If the boundary line between the lots created by the parcel map is perpendicular to the front lot line, the units shall be subject to the following standards: a. The buildings nearest the street on each lot created by the parcel map shall have no more than one residential unit with a door facing the street. G. Exceptions. The Planning Director shall approved an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. H. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety, and welfare, as defined in Government Code Section 65589.5. If so, the Building Official shall make a written finding in support of his or her decision to deny the application. Page 522 of 882 I. Denial. The Building Official shall deny an application for an SB 9 project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. J. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor- Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period of less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property of which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and 5. Residential units over 800 square feet, created pursuant to the standards of this Section, shall be rented at a level affordable to Low-Income (50%-80% of AMI) households for a period of at least 45 years. 17.36.030 Urban lot splits in single-family residential zones. A. Purpose. This Section provides objective standards for urban lot splits on single-family residential zone lots pursuant to SB 9. B. Applicability. 1. This Section applies to single-family residential zone lots. For the purposes of this Section, the following zones are considered single-family residential zones: a. Very Low Residential (VL) b. Low Residential (L) c. Hillside Residential (HR) 2. An urban lot split is prohibited on a lot previously subdivided by an urban lot split pursuant to SB 9. In addition, an urban lot split is prohibited on a lot if the lot’s owner or any person acting in concert with the owner of such lot has previously subdivided an adjacent lot pursuant to SB 9. 3. An urban lot split shall not require discretionary review or a hearing and is approved ministerially by the City Engineer through a parcel map application. This Section is exempt from the application and hearing requirements described in Chapter 16.20 (Tentative Parcel Maps – Four or Less Parcels) and Section 16.22.090 (Approval by City Council). C. Subdivision Standards. An urban lot split pursuant to this Section is subject to the following standards. Page 523 of 882 1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied. 2. A minimum lot size of one acre per dwelling unit is required for any proposed lot which does not have access to a public sewer. 3. Each lot created by the parcel map shall have a minimum area of 1,200 square feet. 4. The newly created lots shall not be smaller than 45 percent of the area of the original lot. 5. Each newly created lot must have access to a public street. 6. Lot lines shall be: i. Straight lines, unless there is a conflict with existing improvements or the natural environment; ii. Generally parallel to the street when facing the street or be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets; and iii. Within appropriate physical locations that do not bisect buildings and are contiguous with existing zoning boundaries. D. Exceptions. The City Engineer shall approve an exception to any of the standards satisfied in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. E. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether there is a specific adverse effect to public health, safety, and welfare. F. Denial. The City Engineer shall deny an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence. 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2) 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. G. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor- Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and 5. Residential units over 800 square feet shall be rented at a level affordable to Low-Income (50%- 80% of AMI) households for a period of at least 45 years. Page 524 of 882 17.36.040 Development standards for industrial zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within the Industrial Zones. Development standards in this section apply to all land designated on the zoning map within an Industrial Zone. B. Industrial zones. As identified in chapter 17.26 (Establishment of Zones), the city includes three Industrial Zones: Neo-Industrial (NI), andIndustrial Employment (IE). C. Industrial site development standards. General site development standards for Industrial Zones are listed in Table 17.36.040-1 (Development Standards for Industrial Zones). These development standards supplement the development standards in article IV (SiteDevelopment Provisions) that apply to all zones (e.g., parking, signs, landscaping, and lighting). TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONES Development Standard/Zone NI IE Lot area (minimum) (1) 0.5 ac 5 ac or 2 ac (2) Lot width (minimum) (3) 100 ft 100 ft Min. Setback (ft.) (4) Front yard (and Street Side Yard) See Table 17.36.040-2 Major Arterial and Special Boulevard 45 ft 45 ft Secondary 35 ft 35 ft Local/Collector 25 ft 25 ft Interior Side yard 5 ft (5) 5 ft (5) Rear yard 0 ft (5) 0 ft (5) Distance Between Buildings Primary buildings Must meet current building code requirements Accessory buildings Must meet current building code requirements Max. Building Height (ft.) Primary buildings (7) 35 feet at the front setback line (6) 45 ft 65 ft Accessory buildings - Detached 25 ft 25 ft Accessory buildings – Attached Maker Space 35 ft 35 ft Max. Floor Area Ratio (Ratio of building floor area to lot square footage) Floor area ratio 0.6 (8) 0.6 (9) Max. Building Footprint (sq. ft.) Primary Building (10) 200,000 450,000 Accessory Building - Detached 5,000 10,000 Page 525 of 882 Development Standard/Zone NI IE Accessory Building – Attached MakerSpace 30,000 30,000 Min. Open Space (minimum percentage of open space per parcel or project) Open space/landscape area 10%(11) 10% (2) (11) /5%(11) Performance standards (see Chapter17.66) A/B B/C (2) Table notes: (1) Condominium lots. Condominium lots and lots within an approved master planned development are exempt from required minimum parcel size and dimension requirements. (2) The following applies within 1,000 feet of Arrow Route: minimum 2-acre lot area; 10% minimum landscape area; and the “B” level performance standards (chapter 17.66). (3) Setbacks shall be the minimum required under the city’s currently adopted building code. (4) Setback shall be increased to 45 feet when abutting a residential property line or adjacent to Interstate 15. (5) See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1 (Special Streetscape Requirements). (6) Buildings used for industrial uses that exceed 35 feet in height shall be set back an additional one foot from the front setback line for each one foot of building height up to a maximum setback of 70 feet. The portion of the building used for offices are not subject to this requirement. (7) Heights over 75 feet may be permitted with a conditional use permit. (8) For hotels and motels, the maximum floor area ratio is 1.0 (100 percent). (9) Parking structures in the Neo-Industrial (NI) and Industrial Employment (IE) Zones are exempt from floor area ratio requirements. (10) Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area. See Section 17.20.060 (Conditional use permit). A master plan is required for all industrial buildings larger than 450,000 square feet in gross floor area. (11) Waterways preserved count towards overall common open space requirements. D. Other miscellaneous industrial development standards. 1. Special streetscape. Future development and redevelopment within industrial areas shall be consistent with the special streetscape standards listed in Table 17.36.040- 2 (Streetscape Setback Requirements) and as depicted in Figure 17.36.040-1 (Special Streetscape Requirements). TABLE 17.36.040-2 STREETSCAPE SETBACK REQUIREMENTS Street Type Average Depth of Landscape (1, 2) Building Setback (2, 3, 4,5) Parking Setback (5) Arterial Roadway/Boulevard 45 ft 45 ft 25 ft Collector Street 35 ft 35 ft 20 ft Bicycle Corridor/Local Street 25 ft 25 ft 15 ft Table notes: (1) The average depth shall be uninterrupted from the face of curb, except for sidewalks, pedestrian hardscape, plazas and courtyards, and monument signs. (2) Parcels less than 225 feet in depth from the ultimate curb face on special boulevards are not required to provide an average depth of landscaping or building setback greater than 25 feet or 20% the depth of the property, whichever is greater. (3) As determined from ultimate face of curb. (4) Average depth of landscaping must still be provided. (5) Setback may be increased based on building height. See Table 17.36.040-1. Page 526 of 882 2. Accessory maker spaces. Accessory maker spaces are required in or adjacent to all new buildings that exceed 200,000 square feet in gross floor area in the Neo-Industrial (NI) and Industrial Employment (IE) Zones, subject to the following standards: a. A minimum gross floor area of 3,000 sq. ft. and a maximum gross floor area of 30,000 square feet. b. Accessory maker spaces shall face main arterial roads adjacent to the site. c. Maker space building frontages shall include either an at-grade loading area or an above-grade loading area on a terraced entry. FIGURE 17.36.040-1 SPECIAL STREETSCAPE REQUIREMENTS Page 527 of 882 3. Special building height standards. Building height limits shall not exceed the height limits prescribed in the LA/Ontario International Airport Compatibility Plan. For areas within the High Terrain Zone, the building height limit shall be 70 feet. Buildings or structures greater than 70 feet in height within the High Terrain Zone are subject to the ONT-IAC Project Notification Process and require a Federal Aviation Administration (FAA) exception (Obstruction Evaluation - Form 7460). In cases where the LA/Ontario International Airport Compatibility Plan permits heights greater than 70 feet, building height limits shall be limited to maximum of height of 75 feet, unless a conditional use permit is granted permitting heights greater than 75 feet. Page 528 of 882 4. Special height exceptions for ancillary equipment. Within the Industrial Employment (IE) Zone, height exceptions may be granted for ancillary equipmentwith special design and landscape considerations as follows: a. Maximum 90 feet with approval of a minor exception with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. b. Maximum 120 feet with approval of a conditional use permit with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. 5. Interim uses. Certain industrial properties may be vacant without any immediate plans for site development. In these instances, the properties may be utilized for a definedlist of interim uses for a limited time period as specified below. The uses permitted withinthis section are supplemental to the uses listed in chapter 17.30 (Allowed Land Uses by Base Zone). a. Permitted interim uses include agricultural crops, roadside stands, farmersmarket, community garden, and private parks and picnic areas. i. Other uses intended to be temporary that are allowed by right on a permanent basis in the associated zone, upon the determination of the planning director. b. Minor use permit required. Prior to the establishment of an interim use, a minor use permit shall be approved. c. Time period. The maximum time period for an interim use is five years. d. Conditions. At a minimum, the conditions should include an agreement between the city and the applicant stipulating timing, installation of permanent improvements and buildings, and/or restoration of the site to its original condition.At the end of five years, the use shall be removed or the site developed in accordance with the full development regulations of any adopted plan. 6. Interim use standards. The following standards shall apply in all industrial areas for interim uses: a. The minimum streetscape and parking setback requirement shall be contiguous with the ultimate right-of-way line, but in no case less than ten feet. b. No minimum landscape coverage requirements are required, except where necessary for screening purposes as determined by the planning director. c. All parking and storage areas shall be paved with slag, crushed aggregate,asphaltic concrete, concrete, or similar materials. The location, number, and design of the parking and storage areas shall be in accordance with Coderequirements. d. All parking and storage areas, and other interim uses which require screening as determined by the planning director, shall be screened from public view through a combination of landscaping and fencing. Fencing may include a six-foot chain-link fence with slats, masonry or concrete, wood, or decorative metal. Screening must be maintained in good condition at all times. Page 529 of 882 e. Landscaping required for screening purposes shall include 15-gallon treesand five- gallon shrubs to provide a dense landscape buffer to afford maximum screening from the public view, satisfactory to the planning director. f. Landscaping required for screening purposes shall include 15-gallon trees and five- gallon shrubs to provide a dense landscape buffer to afford maximum screening from the public view, satisfactory to the planning director. 7. Rail service. If rail service is needed for properties which adjoin existing or proposed lead or spur lines, the following rail service access standards, unless modified by the rail service provider or the public utilities commission, shall apply: Rail crossings and any spur construction must be approved by the rail service provider and the public utilities commission. The following rail service standards, unless modified by the railroad or the public utilities commission, shall apply: a. Minimum easement width for a lead line, single track shall be 32 feet. b. Minimum easement width for a double rail track shall be 41 feet. c. The minimum radius of curvature for a track shall be 180 feet. d. The maximum gradient along spur tracks shall not exceed two percent. e. Dock height shall be no less than 4.5 feet above the top of the spur track. f. Road crossings at grade must be avoided wherever possible. g. Spur trackage is not permitted along any frontage between a building anda public right-of-way and must be confined to the side or rear yard area of the building that the rail spur serves. h. Rail loading areas shall be screened from view from the public right-of-wayby a wall that matches the architecture, materials, colors, etc. of the building that the rail spur serves. i. Spur tracks shall not encroach onto/across any required parking stalls. Spur tracks shall not encroach across drive aisles for automobile / heavy truck and/or emergency vehicle access except when it is necessary to connect the mainrail line with the rail loading area. j. Lot divisions and building layouts for properties which adjoin existing or proposed lead and spur lines shall be done in a manner to ensure full potential offuture rail access and use and should not preclude rail access to other propertiesadjacent to such rail lines. Subdivisions, which could reduce a property’s ability toaccommodate potential rail served developments, may not be authorized. k. Building design shall include rail service features to ensure the potential use of available spur lines. l. Finished floor elevations and dock height door or “kick out” wall panels shallbe provided in all properties abutting rail lines. m. The above-referenced rail service development standards may be amended or deleted on a site-by-site basis during the development review process. The following must be determined by the planning commission in order to authorize any modification of the rail service standard: Page 530 of 882 i. That the installation of a lead or spur track cannot be accomplished due to physical constraints on or adjacent to the project site; and ii. Other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. 8. Equipment screening. The following screening standards shall apply to equipmentsuch as HVAC units, storage tanks, ducting, etc.: a. All roof, wall, and ground mounted equipment shall be screened and not visible from the public right-of-way within the Neo-Industrial (NI) Zone. b. Wherever possible, all roof, wall and ground mounted equipment shall be screened and not visible from the public right-of-way within the Industrial Employment (IE) Zone. c. The visibility of any equipment from the public right-of-way shall be determined by “line-of-sight" and measured from a point that is 6 feet above the finished surface of the centerline of the public right-of-way, e.g. street. d. All screening of roof mounted equipment shall be accomplished with a parapet wall that is consistent and compatible with the architecture, materials, colors, etc. of the building. Where a parapet wall is not possible, then a screen shall be provided to enclose the roof mounted equipment. This enclosure is exempt from the building height requirement established in Table 17.36.040-1 (Development Standards for Industrial Zones). Where roof mounted mechanical equipment and/or ductwork projects less than 18 inches above the roofor roof parapet it shall be painted consistent with the color scheme of the building. 9. Design standards. The following design standards apply to all new developmentsin the Neo- Industrial (NI) and Industrial Employment (IE) Zones: a. Site design standards i. General site design Site elements such as buildings, parking areas, driveways, sidewalks, and outdoor recreational spaces must be arranged to emphasize the aesthetically pleasing components of the site (e.g., landscaping and the superior architectural design of office building element (refer to b. (Building design standards)) and to screen less attractive elements (e.g., service facilities, loading docks, outdoor storage, equipment areas, and refuse enclosures) through the proper placement and design of buildings, screen walls, and landscaping. Sites shall have internal sidewalks that connect to sidewalks alongpublic streets to create pedestrian connections. Loading dock areas shall be located and designed so that they do not face toward (and are not visible from) any adjacent public right-of- way such as a street. These areas shall be screened with walls or fences and landscaped. See section 17.48.050.E and 17.56.060.L. All refuse, storage, and equipment areas placed outside of a building shall be screened from adjacent public rights-of-way and uses. Page 531 of 882 ii. Block Network Parameters for Public Streets. Intersection spacing along arterial edges shall be between 1/8 mile and ¼ mile with at least one mid-block intersection between intersecting arterials and rail, flood control, utility or freeway corridors. Intersection spacing inside arterial/arterial blocks bounded by arterials shall be a minimum of 200 feet and a maximum of 1,320 feet. Buildings greater than 450,000 sq. ft. in size shall have public streets on at least 3 sides. A minimum of 1 public street shall run parallel with and within 500 feet of rail (excluding spurs), flood control, utility, or freeway corridors. The parallel street shall run through the block. Street crossings at intersecting corridors shall be established on a case- by-case basis based on feasibility and needs by the City Engineer. Intersections along arterials shall be aligned with existing/proposedintersections on the opposite side of the arterial where possible andmeet minimum design standards for offsets or clearance from adjacent corridors as required by the City Engineer. Two distinct points of connection shall be provided through an internal block network to the arterial street network for every industrial parcel. iii. Parking location and design Surface parking shall be located to the side or to the rear of principlebuildings to the greatest extent feasible. Surface parking stalls for employees and guests may incorporate shade structures that are capable of supporting solar/photovoltaic array systems with a minimum clearance height of 12 feet. The shade structures shall not encroach into the required access lanes. The applicable tree and landscaping standards are not required in the sections of the parking areas where solar arrays systems are placed. See Section 17.56.060.N.1.b (Exception for solar collectors). All new development within the Neo-Industrial (NI) and Industrial Employment (IE) Zones requires a Parking management plan, see Section 17.64.070 (Parking management plan). iv. Open space An outdoor seating/break area is required for every proposed and potential office area of a building On-site open space areas shall contain an outdoor seating/break area with seating designed to allow a variety of sitting environments. Outdoor seating areas shall provide shade under a suitable structure and wind protection using landscaping or transparent screening structures. Outdoor seating areas shall be easily accessed from the lobby or interior break rooms and placed at the corner of the building or along the side of a building facing a public street. Page 532 of 882 Outdoor seating areas are included within the minimum open spacerequirement in Table 17.36.040-1 (Development Standards for Industrial Zones). v. Landscaping, screening, and street trees All new industrial developments shall adhere to the standards in Chapter 17.56 (Landscaping standards) in addition to the standards provided below. In the event of a conflict, the provisions of this section shall apply. Landscaping shall be provided along the public streets and sidewalks to define the street edge, buffer pedestrians from vehicles, and provide shade. All new trees planted within the public right-of-way or to screen thefront, side or rear of a building, and to screen the building from Interstate 15 shall be a minimum 24-inch box and planted 25 – 30 feet apart. Trees shall be selected and planted to provide shade for walkways, outdoor seating areas, parking areas etc. and for their ability for filtering particulate matter and other pollutants from the air. Walls and fences used to provide screening of loading facilities, outdoor trash receptacles, utility equipment, etc. must be solid and designed with materials and finishes that are consistent with and complimentary to the design of the primary buildings. Fences usedfor security purposes or around parking areas shall consist of wrought iron, tubular steel, or similar material. The use of chain-linkis prohibited. Landscape materials as required in accordance with Chapter 17.56 (Landscaping Standards) may compliment the requirements for screening, but landscaping without a screen wall or fence does not meet the minimum screening requirement of thissection. When redevelopment occurs, new public streets as required by the city engineer shall be designed in compliance with the city’s Complete Streets policies, public sidewalks along the frontage of the property being developed are required. All new sidewalks shall be a minimum of 6 feet or wider as designated by the city engineer based on existing or planned adjacent land uses to ensure compliance with the city’s Complete Streets policies, separated from the curb by a planted parkway, andinstalled parallel to the property line or curb. Meandering sidewalks along any frontage are prohibited. b. Building design standards i. Building orientation and placement. Buildings shall have articulated and transparent frontages along a minimum of 50 feet on both sides of the building that define the corner. Office and administration buildings associated with an industrial use shall be placed at the corner of a building at the intersection of twopublic streets and/or a main arterial road. The building corner shallhave a prominent, vertical structural element (e.g. a tower) that projects no more than 15 feet above the maximum allowable heightof the building and that occupies a maximum of 5 percent of the building roof area. In Page 533 of 882 addition, raised parapets with enhanceddecorative treatment such as cornices or crenellations are permitted not to exceed 8 feet above the maximum allowable height of the building. If an office or administration building is located at the intersection of two arterial streets the height of the tower or raised parapets may be increased an additional 25 percent. The primary entrance to accessory maker spaces and an office/administration building must face the corner or an adjacent main arterial road. Where feasible, equipment, electrical, and service rooms shall be placed within the footprint of the building, i.e. inside the building, or screened so that it is not visible from the public right-of-way. ii. Building façade articulation. Primary building entries shall be readily identifiable and well- defined using projections, recesses, columns, roof structures, or other design elements. All elevations of a building’s façade shall include modulation and articulation of the wall plane and roof line, proportionate to the height and length of the building. Exceptions to this requirement are the wall planes at the dock areas and the rear elevation of the building. All elevations of a building’s facade must have vertical or horizontal variations in color, texture, material, and ornamentation. The office component of building facades must contain offset or recessed structural bays, and projecting elements such as colonnades or bay windows. Shade elements such as canopies, awnings, arcades, and overhangs shall be provided over all windows, and at all pedestrianentry points, along the front elevation, any street-facing elevation, and office portions of the building. Roofs shall be designed as an integral component of building form, mass, and façade, particularly along the front and office portions ofthe building. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines. iii. Materials and detailing The front and office portions of buildings must be constructed of high-quality materials, including, but not limited to, brick, stone, textured cast stone, tinted masonry units, concrete, glass, and metal siding. The following materials are prohibited along the front and office portions of the building: 1. Unadorned, plain or painted concrete block or panels; 2. Reflective glass; and 3. Vinyl, fiberglass, asphalt, or fiberboard siding. Where feasible, the industrial/warehousing portion of the building must include a variety of materials and architectural elements to break Page 534 of 882 up the linear planes of these building. Ideally, the building’s design and architecture must express the nature of the industrial activity within, in keeping with the other requirements of this sectionand while respecting the functionality of the use within the building. iv. Door and window openings For office portions of principle buildings, window and door openings must comprise at least 60 percent of the total area of exterior wallsfacing a public street. These windows must be clear or translucent to improve visibility, add visual interest, and allow light into interior spaces. v. Lighting Decorative lighting fixtures shall be provided with a minimum 1-foot candle illumination level above that of surrounding parking lots at vehicle driveways and driveway entry/exits, pedestrian pathways, plazas and courtyards, and other activity areas. Building and landscape accent up-lighting shall be incorporated into the lighting plan for the development site, with a focus along the front and office portions of the building. All exterior lighting shall be shielded to prevent glare and light trespass onto adjacent properties and streets. Lighting systems shall be architecturally compatible with surrounding buildings to express the unique character of the area. (Code 1980, § 17.36.040; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013; Ord. No. 860 § 4, 2013; Ord. No. 863 § 4, 2013; Ord. No. 874, §§ 4, 6(Att. A), 6-17-2015) 17.36.050 Development standards for open space zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within Open Space Zones. Development standards in this section apply to all land designated on the zoning map within an Open Space Zone. B. Open space zones described. As identified in chapter 17.26 (Establishment of Zones), the city includes four Open Space Zones: Open Space Conservation (OSC), Hillside Residential (HR), Parks (P), Flood Control/Utility Corridor (FC/UC). C. Open space site development standards. General site development standards for Open Space Zones are listed below. These development standards supplement the development standards in article IV (Site Development Provisions) that apply to all zones (e.g., parking, signs, landscaping, lighting). 1. Open Space Conservation (OSC) Zone development standards. All development within the Open Space Zone shall comply with the following criteria: a. Minimize alteration to the natural landform. b. Protect areas capable of replenishing groundwater supplies. c. Protect the natural drainage of the area. d. Protect waterways from indiscriminate erosion and pollution. e. Protect lands having biological significance, especially riparian (water-related) areas and their associated woodland vegetation. Page 535 of 882 f. Protect areas with significant native vegetation and habitat value. g. Protect natural areas for ecologic, educational, and other scientific study purposes. 2. Hillside Residential (HR) development standards. All development within the Hillside Residential zone shall comply with the development standards of the Very Low (VL) Residential Zone. See Table 17.36.010-1A (Development Standards For Residential Zones) for standards. 3. Flood Control/Utility Corridor (FC/UC) Zone development standards. All development within the Flood Control/Utility Corridor Zone shall comply with the following criteria: a. Flood Control development standards: i. Natural features such as trees, groves, and substantial physical features are to be preserved, wherever feasible. Natural vegetation will be retained so as to anchor soil in place and prevent erosion and sedimentation. ii. When removal of vegetation is necessary and grading is to be undertaken, it shall be done in a manner, which will minimize soil erosion. Seeding and mulching or other stabilization measures are to be used to protect the disturbed land following construction. iii. No topsoil may be removed from the site except for that area to be covered by improvements. The topsoil from such areas is to be, if practical, redistributed on the site to provide a suitable base for seeding and planting. iv. Any fill proposed to be deposited in the floodway must be protected against erosion by riprap, vegetation cover, or bulkheading. No fill may be permitted which, acting alone or in combination with existing or future uses, affects the capacity of the floodway or unduly increases flood heights. v. Those criteria listed in section 17.36.050.C.3 related to structures shall be complied with. vi. Any structures or land outside the Flood Control/Utility Corridor Zone which could be subject to flood inundation, as depicted on the Federal Insurance Flood Rate Maps or otherwise by the city engineer, shall comply with flood protection measures as outlined in title 19 of this Code. vii. No structure shall become a debris-catching obstacle. b. Utility Corridor development standards: i. Buildings shall not be designed nor used for human habitation unless expressly permitted by this chapter. ii. All buildings shall be designed for compatibility with surrounding development relative to materials, height, size, scale, and setbacks. iii. Any development shall include provisions for landscaping, wind or water erosion control, and screening, if necessary. D. Additional improvements. The planning director may, through the development review process, require additional improvements to a development in any one of the Open Space Zones, if it is needed for the protection of the public health, safety, or general welfare. E. Height limit. The maximum building height within the Open Space Zone shall be the same maximum building height of the adjoining parcels. Where the Open Space Zone adjoins more than one zone, the Page 536 of 882 maximum building height for the Open Space Zone shall be consistent with the lowest height limit of the adjoining zones. (Code 1980, § 17.36.050; Ord. No. 855, § 4, 2012) Chapter 17.38 OVERLAY ZONES AND OTHER SPECIAL PLANNING AREAS 17.38.010 Senior Housing Overlay Zone. A. Purpose. The Senior Housing Overlay Zone is intended to facilitate the construction of affordable rental housing units that will serve the current and long-term city need for affordable senior citizen- oriented dwelling units while maintaining a high degree of quality in project design and construction. The zone is further intended, by offering various development incentives, to make the development of senior citizen-oriented affordable units attractive to potential developers while at the same time providing assurances to the city that units developed by use of the incentives offered as part of the Overlay Zone remain available and affordable to the target group intended—senior citizens of low and moderate incomes. B. Applicability. The Senior Housing Overlay Zone may be applied in combination with residential zones. A Senior Housing Overlay Zone shall be indicated on the zoning map by the reference letters “SH” after the reference letter(s) identifying the base zone. C. Target population. The primary resident population group that is intended to be served by the units constructed through use of incentives offered as part of the Senior Housing Overlay Zone are senior citizens who meet the following criteria: 1. For tenants, residents, or occupants who are married to each other, either spouse shall be 55 years of age or older. 2. For individuals who are not married, each individual shall be 55 years of age or older. D. Income restriction. In addition to the age restrictions set forth in subsection C.1 and 2 of this section, any individual or married couple who wish to occupy or reside in the project shall have and maintain an annual income from all sources equal to or less than 80 percent of the median income for persons or families within the County of San Bernardino as currently defined by the U.S. Department of Housing and Urban Development. E. Qualifications. The Senior Housing Overlay Zone requires the presence of certain conditions before it can be applied for or attached to a specific parcel of land. In order to adequately and satisfactorily serve the target population that this zone has been created to serve, any proposed project site must demonstrate the following conditions and features: 1. Appropriate base zone. 2. Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety, or noise problems (e.g., area generally quiet). 3. Area infrastructure must be in place or constructed as part of the project and capable of serving the proposed project including: a. Streets; b. Sidewalks; and Page 537 of 882 c. Traffic/pedestrian signals. 4. Proposed site topography must be fairly level and easily traversed by persons of limited mobility. 5. Proposed site must demonstrate proximity to commercial establishments, service providers, and other amenities including: a. Food shopping; b. Drugstores; c. Banks; d. Medical and dental facilities; e. Public transit (main or frequently served routes); and f. Open space/recreational facilities. F. Development incentives. In order to reduce development costs associated with the construction of housing oriented toward senior citizens of low and moderate income, the city is prepared to offer a developer some or all of the following incentives, depending upon the quality, size, nature, and scope of the project proposed. 1. Reduction in required on-site parking. The city will grant a reduction in required on-site parking down to a minimum ratio of 0.7 non-covered parking spaces per unit. 2. Dwelling unit density bonus. In order to maximize net yield per acre, the city will consider increasing the allowable project density by either granting a 25 percent density bonus to the project site’s existing density category (per Government Code § 65915), or by granting a request for a change in density range (per the city’s general plan), or both depending on the quality, size, nature, and scope of the project. 3. Fee waivers/reductions. Projects submitted under the Senior Housing Overlay Zone may receive, depending upon their size, nature, and scope, a reduction or waiver of some or all city- imposed development submittal and processing fees. Such reductions of waivers may affect the following fee schedules: a. Development review; b. Park fees; c. School fees (when applicable); and d. Other fees (where applicable). 4. Fee reductions or waivers are subject to negotiation between the city and the project developer and will be granted based upon that amount of reduction or waiver necessary to place per unit monthly rental costs in the range affordable to the target population. G. City/developer agreement. Development incentives granted by the city to a developer using the Senior Housing Overlay Zone are predicated upon the long-term availability and affordability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the city per Government Code §§ 65864 through 65869.5. H. Administrative guidelines. The city shall establish a process and such administrative guidelines as it shall deem necessary in order to implement the provisions of the Senior Housing Overlay Zone. (Code 1980, § 17.38.010; Ord. No. 855, § 4, 2012). Page 538 of 882 17.38.020 Equestrian Overlay Zone. A. Purpose. The general purpose of the Equestrian Overlay Zone is to designate an area of the city to keep equine, bovine, and cleft-hoofed animals. In addition, the following outlines more specific purposes and intents of this zone: 1. This designation is intended to protect the ability to maintain such animals. 2. This zone is intended to promote a “rural/farm” character in an urban setting. 3. This zone recognizes and encourages the educational values derived from raising and maintaining such animals. 4. This zone recognizes the recreational value derived from raising and maintaining such animals. B. Zone boundaries. The boundaries for the Equestrian Overlay Zone are Banyan Street from the west city boundary to Milliken Avenue, south to CA 210 to Interstate 15 to the east, and along the entire northern boundary of the sphere of influence. C. Trails. All new developments within this zone shall be required to provide trails (community or local) in accordance with the adopted trails map of the general plan. These trails shall be provided in order to develop or connect discontinuous trails for needed access to recreational amenities such as the National Forest, equestrian facilities, regional parks and trails, and community and local trails. All trails shall be developed in accordance with the city-adopted trails implementation plan. In addition, development of any trails shall include provisions for continuous maintenance. (Code 1980, § 17.38.020; Ord. No. 855, § 4, 2012) 17.38.030 Hillside Overlay Zone. A. Purpose. The purpose of the Hillside Overlay Zone is to identify the geographical area of the city that is subject to the city’s special hillside development standards. B. Applicability. The Hillside Overlay Zone is generally located north of Hillside Avenue, with variations, extending into the city’s sphere of influence as well as along with the area around Red Hill and Beryl Hill as depicted on the zoning map. Additionally, the Hillside Overlay Zone applies to other areas of the city indicated on the zoning map by the reference letter “H” after the reference letter(s) identifying the base zone. C. Development standards. Properties designated Hillside Overlay Zone shall comply with the city’s hillside development regulations outlined in chapter 17.52 (Hillside Development). (Code 1980, § 17.38.030; Ord. No. 855, § 4, 2012) 17.38.050 Agriculture Overlay. A. Purpose. The Agricultural Overlay is intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning. B. Applicability. Only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit). Page 539 of 882 C. Allowed land uses. Any land use normally allowed in the primary land use zoning district may be allowed within the overlay, subject to additional requirements of the overlay. In addition, the following land uses may be permitted within the Agricultural Overlay: 1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. 2. Farm stands, agricultural product processing and educational experiences (i.e. cooking classes). 3. Tasting rooms and wineries. 4. Single dwellings only for the use of an owner or manager of land within the parcel(s) subject to the Overlay, or a person employed on the land but not exceeding three dwelling units for each parcel of not less than ten acres. D. Permit requirements, and public hearing and public notice required. An application for an Agricultural Overlay shall be filed with the planning department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. Approval of the Agricultural Overlay shall be the responsibility of the City Council, upon recommendation of the Planning Commission and the process for review shall be the same as a zoning map amendment pursuant to Development Code Section 17.22.040. Public hearings and public notice shall be required in accordance with Development Code Section 17.14.050. E. Development standards. Operations with the Agricultural Overlay shall not be injurious to the health, safety, or welfare of the public and surrounding neighborhood because of the noise, odor, dust, smoke, vibration, danger to life and property, or other similar causes. The Agricultural Overlay shall be applied where it will serve to protect and enhance an area where surrounding uses may include sensitive receptors, such as residential neighborhood or lower intensity commercial or non-residential uses. In order to ensure compatible uses and minimal impact to surrounding neighborhoods, the following standards shall be enforced: 1. Parking: A sufficient number of parking spaces shall be provided to accommodate onsite parking and minimize the need for off-site parking. 2. Noise: When adjacent to a residential land use, school, church or similar type of use, the noise generating activity does not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standards of 65 dBA when measured at the adjacent property line. 3. Odor: Sources of odorous emissions, particular matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the State Health and Safety Code. 4. Dust: Dust mitigation, as it may negatively impact surrounding land uses, shall be managed to the extent feasible. All parking areas shall be layered with dust-mitigating materials such as decomposed granite or gravel. All other unimproved areas not utilized for landscaping, recreational, parking, hardscape surfaces, buildings and agricultural purposes shall be improved with dust-mitigating ground cover, including but not limited to decomposed granite, gravel or similar material with the intent of meeting air quality best management practices. Page 540 of 882 5. Pesticides: The application of pesticides shall be conducted consistent with all common best management practices and legal requirements pursuant to local, state and federal law. Aerial application and any application method which results in pesticide drift of pesticides shall be restricted. 6. Standards for Farm Stands: a. Size: The floor are of the structure, portion of any structure and/or any outdoor display area shall be limited to a total of 500 square feet. b. Use: Retail sales of agricultural product produced onsite. c. Location and Setbacks: The driveway and access shall conform with current City standards for construction and site distance, except that material for the driveway and parking areas related to such structures may be comprised of decomposed granite or gravel. Farm stands shall be located a minimum of 50 feet from all property lines. F. Transfer of Development Rights: Upon approval of an Agricultural Overlay, subject property owners are eligible to participate in the Transfer of Development Rights (TDR) program, which is designed to help regulate and preserve legacy agricultural uses by incentivizing property owners within the Agricultural Overlay to sever the development rights and transfer them to potential builders on other property within the City. G. Williamson Act: Property owners of parcels larger than 10 acres may qualify to apply for a Williamson Act contract for the purposes of the preservation of agricultural lands in exchange for a reduction in property tax assessments pursuant to state law. 17.38.060 The Resort. A. Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) provides the permit requirements for land uses by Placetype. Land use classifications/categories and descriptions are per the City’s Development Code unless otherwise defined in this section. B. Uses not specifically listed. Uses not specifically listed as permitted or conditionally permitted, but deemed by the Planning Director to be similar to a listed permitted or conditionally permitted use, may be allowed subject to a use determination made by the Planning Director. C. Shopkeeper and live/work units In order to encourage businesses that create new jobs while ensuring compatibility with residential units, the following requirements have been established. 1. Shopkeeper units. Shopkeeper units are units that include both residential (R-2 occupancy) and non-residential (B-occupancy) mixed occupancy types as defined by the California Building Code. Shopkeeper allows individual occupancy of the non-residential space with separate entries from residence. The non-residential portion of the unit may be leased separately from the residential portion of the unit. 2. Live/work units. Live/Work homes provide non-residence space within the home and are defined by the California Building Code and shall be consistent with the City’s Development Code ‘Live- Work Facility’ allowed use description. Page 541 of 882 Key TABLE 17.38.060-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY PLACETYPE P= Permitted C= Conditional Use Permit N= Not Permitted LWC= Live/Work with a Conditional Use Permit*** Placetype VN CL UN T MU Rec MU Overlay* Residential Uses Accessory Dwelling Unit Adult day care home P P P P P P P Caretaker housing C C C C C C C Dwelling, multi-family P P P P P P P Dwelling, second unit(1) N N N N N N N Dwelling, single-family P P N N N N N Dwelling, two-family P P P P P P P Emergency shelter N N N N N N N Family day care home, large(11) C C C C C C C Family day care home, small P P P P P P P Guest house N N N N N N N Group residential C C C C C C C Home occupation(2) P P P P P P P Live-work facility C C C N P P P Shopkeeper(*) P P P N P P P Manufactured home(3) N N N N N N N Mobile home park(3) N N N N N N N Residential care facility C C C C C C C Residential care home P P P N N N N Single-room occupancy facility P P P P P P P Transitional housing P P P P P P P Agriculture and Animal-Related Uses Agricultural uses N N N N N N N Animal keeping, domestic pets(4) P P P P P P P Animal keeping, exotic animals(4) C C C C C C C Animal keeping, insects(4) N N N N N N N Animal keeping, livestock animals(4) N N N N N N N Animal keeping, poultry(4) N N N N N N N Equestrian facility, commercial N N N N N N N Equestrian facility, hobby N N N N N N N Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly use C C C C C C C Cemetery/mausoleum N N N N N N N Community center/civic use C C C C C P C Page 542 of 882 Placetype VN CL UN T MU Rec MU Overlay* Community garden C C C N N N N Convention center N N N N N N N Golf course/clubhouse N N N N N N N Indoor amusement/entertainment facility N N N C C C C Indoor fitness and sports facility - large N N N C C P C Indoor fitness and sports facility - small N N N P P P P Library and museum C C C P P P P Outdoor commercial recreation N N N C C C C Park and public plaza P P P P P P P Public safety facility C C C C C P C Resource-related recreation P P P P P P P School, academic (private) C C C C C C C School, academic (public) P P P P P P P School, college/university (private) N N N N P N P School, college/university (public) N N N N P N P Schools, specialized education and training/studio N N N C C C C Theaters and auditoriums N N N C C C C Tutoring center - large(1413) N N N C C C C Tutoring center - small N N N P P P P Utility, Transportation, Public Facility, and Communication Uses Broadcasting and recording studios N N N N N N N Park and ride facility N N N P N N N Parking facility N N N P P P P Transit facility N N N P N N N Utility facility and infrastructure - fixed based structures(5) N N N N N N N Utility facility and infrastructure - pipelines(5) P P P P P P P Wind energy system - small(10) N N N N N N N Retail, Service, and Office Uses Adult day care facility N N N C C C C Adult-oriented business(6) N N N N N N N Alcoholic beverage sales N N N C C C C Ambulance service N N N N N N N Animal sales and grooming N N N P P P P Art, antique, collectable shop(13) LWC LWC LWC P P P P Artisan shop(13) LWC LWC LWC P P P P Bail bonds N N N N N N N Banks and financial services N N N C C C C Bar/nightclub N N N C C C C Bed and breakfast inn N N N N N N N Building materials store and yard N N N N N N N Business support services N N N P P P P Call center N N N N N N N Card room N N N N N N N Page 543 of 882 Placetype VN CL UN T MU Rec MU Overlay* Check cashing business(7) N N N P P P P Child day care facility/center N N N C C C C Consignment store N N N C C C C Convenience store N N N P P P P Crematory services(7) N N N N N N N Drive-in and drive-through sales and service(8) N N N N N N N Equipment sales and rental N N N N N N N Feed and tack store N N N N N N N Furniture, furnishing, and appliance store(1413) N N N C P N P Garden center/plant nursery(1413) C C C C C C C Grocery store/supermarket(1413) N N N P P P P Gun sales N N N N N N N Hookah shop N N N C C C C Home improvement supply store(1413) N N N C C N C Hotel and motel(1514) N N N C C C C Internet cafe N N N P P P P Kennel, commercial N N N N N N N Liquor store N N N C C C C Maintenance and repair, small equipment N N N P P P P Massage establishment N N N C C C C Medical marijuana dispensary N N N N N N N Medical services, extended care C C C C C C C Medical services, general N N N P P P P Medical services, hospitals N N N N N N N Mobile hot food truck N N N N N N N Mortuary/funeral home N N N N N N N Office, business and professional(**) LWC LWC LWC P P P P Office, accessory N N N P P P P Pawnshop(7) N N N N N N N Personal services N N N P P P P Restaurant, no liquor service N N N P P P P Restaurant, beer and wine N N N P P P P Restaurant, full liquor service N N N C C C C Retail, accessory N N N P P P P Retail, general LWC LWC LWC P P P P Retail, warehouse club N N N N N N N Secondhand dealer N N N P P P P Shooting range N N N N N N N Smoke shop(7) N N N N N N N Specialty food store(13) N N N P P P P Tattoo shop(7) N N N N C N C Thrift store(7) N N N N N N N Veterinary facility N N N C C C C Page 544 of 882 Placetype VN CL UN T MU Rec MU Overlay* Automobile and Vehicle Uses Auto vehicle dismantling N N N N N N N Auto and vehicle sales and rental N N N N N N N Auto and vehicle sales, auto broker N N N N N N N Auto and vehicle sales, wholesale N N N N N N N Auto and vehicle storage N N N N N N N Auto parts sales N N N N N N N Car washing and detailing N N N N N N N Recreational vehicle storage N N N N N N N Service stations N N N N N N N Vehicle services, major N N N N N N N Vehicle services, minor N N N N N N N Industrial, Manufacturing, and Processing Uses Fuel storage and distribution N N N N N N N Manufacturing, custom small-scale LWC LWC LWC P P N P Manufacturing, heavy N N N N N N N Manufacturing, heavy-minimum impact N N N N N N N Manufacturing, light N N N N N N N Manufacturing, medium(9) N N N N N N N Microbrewery LWC LWC LWC P P N P Printing and publishing N N N P P P P Recycling facility, collection N N N N N N N Recycling facility, processing N N N N N N N Recycling facility, scrap and dismantling facility N N N N N N N Research and development N N N N N N N Storage, personal storage facility N N N N N N N Storage warehouse N N N N N N N Storage yard N N N N N N N Wholesale, storage, and distribution - heavy N N N N N N N Wholesale, storage, and distribution - light N N N N N N N Wholesale, storage, and distribution - medium(9)(12) N N N N N N N Page 545 of 882 Placetype VN CL UN T MU Rec MU Overlay* Table notes: (*) Uses Permitted in the MU-Overlay Zone override the underlying Placetype where there is a conflict (**) Leasing and New Homes Sales Centers (***) Shopkeeper units are those that include both residential (R-2 occupancy) and non-residential (B-occupancy) mixed occupancy types as defined by the California Building Code. The non-residential portion of the unit may be leased separately from the residential portion of the unit. (1) See additional accessory dwelling unit regulations in Chapter 17.100. (2) See additional home occupation regulations in Chapter 17.92. (3) See additional mobile home regulations in Chapter 17.96. (4) See additional animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a CUP. (6) See additional adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in the Chapter 17.102. (8) See additional regulations for drive-In and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in alternative energy systems and facilities in Chapter 17.76. (11) Family Day Care Home—Large requires approval of A Large Family Day Care Permit, not a Conditional Use Permit. (12) "Wholesale, Storage, and Distribution — Medium" is not permitted on any parcel that is located within, or partly within, five hundred (500) feet of the Foothill Boulevard right-of-way. (13) Permitted in Industrial Park and General Industrial zones when proposed in conjunction with "Commercial (Repurposing) — Industrial". (1413) Maximum square footage for a single user shall not exceed 10,000 square feet. (1514) The maximum number or rooms for hotels/motels is 200 rooms. 17.38.070 Etiwanda Heights Neighborhood and Conservation Plan. The Etiwanda Heights Neighborhood and Specific Plan is broken into a Neighborhood Area and a Rural/Conservation Area with regulating zones and sub-zones governing development within each area. The allowed land uses and corresponding permit requirements within each regulating zone and sub-zone are identified in Table 17.38.070-1 (“Allowed Uses”) below. Unless otherwise noted, definitions of each use are found in chapter 17.32. If a word or phrase used in this section is not defined in chapter 17.32 or the specific plan’s glossary, the planning director shall make a determination on its meaning, giving deference to common usage. Notwithstanding any other provision of this code, in the event of any conflict between this section and the specific plan, the development code shall prevail. Page 546 of 882 TABLE 17.38.070-1 ALLOWED USES ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN Key P Permitted PU Permitted upstairs C Requires Conditional Use Permit (CUP) F Permitted on the ground floor of an Attached Flex Building Type (see chapter 5.4.12) N Not permitted Neighborhood Area (NA) Rural/Conservation Area (RCA)(1) Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H R-FC/ UC R-C Residential Uses Adult Day Care Home N P P P N P N N Caretaker Housing N C C C P C P N Dwelling, Multi-Family(2) N N N N N N N N Dwelling, Single-Family(2) N P P P P P N3 N Dwelling, Single-Family Attached(2) P P N N N N N N Emergency Shelter N N N N N N N N Family Day Care Home, Large N C C C N N N N Family Day Care Home, Small N P P P N N N N Guest House N N P P N N N N Group Residential N C C C N C N N Home Occupations N P P P P P N N Live-Work Facility P P N N N N N N Manufactured Home N N N N N N N N Mobile Home Park N N N N N N N N Residential Care Facility C C C N N N N N Residential Care Home P P P P N P N N Single-Room Occupancy Facility N N N N N N N N Transitional Housing P P P P N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N P C C C N Animal Keeping, Domestic Pets(6) P P P P P P P N Animal Keeping, Exotic Animals(6) N N C C N C N N Animal Keeping, Insects(6) N N N P P P P N Animal Keeping, Livestock(6) N N N P C C C N Animal Keeping, Poultry(6) N N N P C C C N Equestrian Facility, Commercial N N N N N N N N Equestrian Facility, Hobby N N P P(7) P P N N Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C N N N C C N N Page 547 of 882 Neighborhood Area (NA) Rural/Conservation Area (RCA)(1) Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H R-FC/ UC R-C Cemetery/Mausoleum N N N N N N N N Community Center/Civic Use C N N N N N N N Community Garden P P P N N N N N Convention Center N N N N N N N N Golf Course/Clubhouse N N N N N N N N Indoor Amusement/ Entertainment Facility N N N N N N N N Indoor Fitness and Sports Facility - Large N N N N N N N N Indoor Fitness and Sports Facility - Small P N N N N N N N Library and Museum P N N N C N N N Outdoor Commercial Recreation N N N N N N N N Park and Public Plaza P N N N N N N N Public Safety Facility P N N N P P N N Resource-Related Recreation P P P P C C N N School, Academic (Private) C C C C N N N N School, Academic (Public) P P P P N N N N School, College/University (Private) N N N N N N N N School, College/University (Public) N N N N N N N N Schools, Specialized Education and Training/Studio P N N N N N N N Theaters and Auditoriums C N N N N N N N Tutoring Center - Large N N N N N N N N Tutoring Center - Small P F N N N N N N Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N N N N N Park and Ride Facility N N N N N N N N Parking Facility N N N N N N C N Transit Facility N N N N N N N N Utility Facility and Infrastructure - Fixed Based Structures N N N N N N C N Utility Facility and Infrastructure - Pipelines N N N N N N C N Wind Energy System—Small N N N N N N N N Retail, Service, and Office Uses Adult Day Care Facility N N N N N N N N Adult-Oriented Business N N N N N N N N Alcoholic Beverage Sales C N N N N N N N Ambulance Service N N N N N N N N Page 548 of 882 Neighborhood Area (NA) Rural/Conservation Area (RCA)(1) Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H R-FC/ UC R-C Animal Sales and Grooming P N N N N N N N Bail Bonds N N N N N N N N Banks and Financial Services P N N N N N N N Bar/Nightclub N N N N N N N N Bed and Breakfast Inn C C N N N N N N Building Materials Store and Yard N N N N N N N N Business Support Services P N N N N N N N Call Center N N N N N N N N Check Cashing Business N N N N N N N N Child Day Care Facility/Center C N N N N N N N Commercial Cannabis Activity N N N N N N N N Consignment Store P N N N N N N N Convenience Store N N N N N N N N Crematory Services N N N N N N N N Drive-In and Drive-Through Sales and Service N N N N N N N N Equipment Sales and Rental N N N N N N N N Feed and Tack Store N N N N N N N N Garden Center/Plant Nursery N N N N C N C N Grocery Store/Supermarket C(8) N N N N N N N Gun Sales N N N N N N N N Hookah Shop N N N N N N N N Home Improvement Supply Store P(9) N N N N N N N Hotel and Motel N N N N N N N N Kennel, Commercial N N N N N N N N Liquor Store N N N N N N N N Maintenance and Repair, Small Equipment P N N N N N N N Massage Establishment N N N N N N N N Massage Establishment, Ancillary N N N N N N N N Medical Services, Extended Care N N N N N N N N Medical Services, General PU N N N N N N N Medical Services, Hospitals N N N N N N N N Mobile Hot Food Truck P N N N N N N N Mortuary/Funeral Home N N N N N N N N Office, Business and Professional PU F N N N N N N Office, Accessory PU F N N N N N N Pawnshop N N N N N N N N Personal Services P F N N N N N N Restaurant, No Liquor Service P F/C N N N N N N Page 549 of 882 Neighborhood Area (NA) Rural/Conservation Area (RCA)(1) Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H R-FC/ UC R-C Restaurant, Beer and Wine P F/C N N N N N N Restaurant, Full Liquor Service C N N N N N N N Retail, Accessory P F/C N N N N N N Retail, General P(9) F/C N N N N N N Retail, Warehouse Club N N N N N N N N Secondhand Dealer N N N N N N N N Shooting Range N N N N N N N N Smoke Shop N N N N N N N N Specialty Food Store P F/C N N N N N N Tattoo Shop N N N N N N N N Thrift Store N N N N N N N N Veterinary Facility C N N N N N N N Automobile and Vehicle Uses Auto Vehicle Dismantling N N N N N N N N Auto and Vehicle Sales and Rental N N N N N N N N Auto and Vehicle Sales Auto broker N N N N N N N N Auto and Vehicle Storage N N N N N N N N Auto Parts Sales N N N N N N N N Car Washing and Detailing N N N N N N N N Recreational Vehicle Storage N N N N N N N N Service Stations N N N N N N N N Vehicle Services, Major N N N N N N N N Vehicle Services, Minor N N N N N N N N Industrial, Manufacturing, and Processing Uses Commercial (Secondary/Accessory) - Industrial N N N N N N N N Commercial (Repurposing) - Industrial N N N N N N N N Fuel Storage and Distribution N N N N N N N N Manufacturing, Custom N N N N N N N N Manufacturing, Heavy N N N N N N N N Manufacturing, Heavy-Minimum Impact N N N N N N N N Manufacturing, Light N N N N N N N N Manufacturing, Medium N N N N N N N N Microbrewery N N N N N N N N Printing and Publishing N N N N N N N N Recycling Facility, Collection N N N N N N N N Recycling Facility, Processing N N N N N N N N Page 550 of 882 Neighborhood Area (NA) Rural/Conservation Area (RCA)(1) Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H R-FC/ UC R-C Recycling Facility, Scrap and Dismantling Facility N N N N N N N N Research and Development N N N N N N N N Storage, Personal Storage Facility N N N N N N N N Storage Warehouse N N N N N N N N Storage Yard N N N N N N N N Wholesale, Storage, and Distribution - Heavy N N N N N N N N Wholesale, Storage, and Distribution - Light N N N N N N N N Wholesale, Storage, and Distribution - Medium N N N N N N N N Table Notes (1) Aggregate resource extraction may be permitted, subject to the issuance of a Conditional Use Permit, within the RCA only in the Deer Creek Alluvial Fan and Day Creek Alluvial Fan (Sectors D-1 and D-16 as shown in Figure RC-2 in the Resource Conservation Element of the General Plan). (2) Use defined in the glossary of the specific plan (Appendix 3). (3) Any property that is located within the R-FC/UC sub-zone area and is privately owned on the date on which the specific plan becomes effective shall be allowed to construct 1 dwelling unit for each 10 acres of land, and any development rights can be transferred pursuant to the Transfer of Development Rights program described in chapter 7.4 of the specific plan. (4) Reserved (5) See additional regulations for home occupations in chapter 17.92. (6) See additional regulations for animal keeping in chapter 17.88. (7) One equine is permitted per 10,000 square feet of lot area. See chapter 5.4.2.J of the specific plan. (8) Limited to 30,000 square feet. (9) Limited to 5,000 square feet. (Ord. No. 958, § 3, 2019) 17.38.080 Large Warehouse Overlay Zone A. Purpose. The purpose of the Large Warehouse Overlay Zone is to ensure that large industrial buildings of 450,000 square feet or more are located in areas of the City with adequatepublic services and infrastructure and away from sensitive receptors who may be impacted by airpollutant emissions, noise, and other impacts generated by the predominant uses in such buildings. B. Applicability. Industrial buildings with gross floor space of 450,000 square feet or more that are developed after the effective date of the ordinance that codified this section shall be located within the Large Warehouse Overlay Zone. The Large Warehouse Overlay Zone applies to property designated on the zoning map by reference letters “LW” after the reference letter(s) identifying the base zone. C. Allowed uses. Permitted uses within the Large Warehouse Overlay Zone are those permitted and conditionally permitted uses within the underlying zone. D. Development standards. Development in the Large Warehouse Overlay Zone shall comply with the zoning regulations applicable to the underlying zone and any master plan applicable to the subject Page 551 of 882 property. A master plan adopted pursuant to chapter 17.22.020 may also be required for the development of an industrial building located within the Large Warehouse Overlay Zone, unless amended by the city council as part of the establishment of theoverlay zone. 17.38.090 Camino Predera Overlay Zoning District A. Purpose. The purpose of the Camino Predera Overlay Zoning District is to identify the geographical area of developed and undeveloped properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court that is subject to the City’s optional development standards. B. Applicability. The Camino Predera Overlay Zoning District is generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone as depicted on the zoning map. The Camino Predera Overlay Zoning District applies to areas of the City indicated on the zoning map by the reference letter “CP” after the reference letter(s) identifying the base zoning district. C. Development standards. Properties designated Camino Predera Overlay Zoning District shall comply with the City’s hillside development regulations outlined in Chapter 17.52 (Hillside Development) except as noted in this chapter. D. Standards Optional Standards Maximum Minimum Building Height -South side of Camino Predera 14 feet1 None -North side of Camino Predera 25 feet None Building Setbacks -Front None 37 5 feet -Rear None 20 feet -Side None 5/10 feet Excavation/Fill 8 feet None Wall Height Page 552 of 882 -Screen (Freestanding) 6 feet None -Retaining 8 feet None 1 – As measured from the curb at the street; D. Plan Check/Zoning Clearance. Applications for new residential construction for properties within the Camino Predera Overlay Zoning District utilizing the optional development standards are exempt from the Hillside Design Review process and shall only be subject to ministerial review per Section 17.16.030 (Plan Check/Zoning Clearance). Page 553 of 882 Page 1 ARTICLE V. SPECIFIC USE REQUIREMENTS Chapter 17.86 ADULT BUSINESS USES 17.86.010 Purpose and intent. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses while permitting the location of adult businesses in certain areas. (Code 1980, § 17.86.010; Ord. No. 855, § 4, 2012) 17.86.020 Development and operational standards. Qualifying adult business uses as defined in Article IX, chapter 17.142 (Adult Business Definitions) shall comply with all of the following development, operational, and maintenance standards: A. Areas for adult entertainment establishments. Adult entertainment establishments are permitted only in those areas of the city within industrial zones as specified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and are not permitted west of Haven Avenue. Establishments are further subject to the proximity requirements of this section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this Development Code for a zone and use most comparable to the proposed adult entertainment business, as determined by the planning director. B. Minimum proximity requirements. No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below: 1. No such establishment shall be established within 1,500 feet of any other adult entertainment establishment. 2. No such establishment shall be established within 1,500 feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (e.g., city hall, county offices, courthouse, libraries, etc.), and the right-of-way on Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway. C. Measurement of distance between uses. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park, or residential zone, etc., shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone, etc. D. Closed viewing areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, designed, or furnished Page 554 of 882 Page 2 for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities). (Code 1980, § 17.86.020; Ord. No. 855, § 4, 2012) 17.86.030 Permit requirements. It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the planning commission consistent with requirements of chapter 17.14 (General Application Processing Procedures) and chapter 17.20 (Planning Commission Decisions). (Code 1980, § 17.86.030; Ord. No. 855, § 4, 2012; Ord. No. 860 § 4, 2013) 17.86.040 Violations and penalties. A. Criminal violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this section. B. Civil remedies available. A violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (Code 1980, § 17.86.040; Ord. No. 855, § 4, 2012) Chapter 17.88 ANIMAL REGULATIONS 17.88.010 Purpose. The purpose of this chapter is to establish reasonable limits related to animal keeping which is considered accessory to residential use and is limited according to the provisions within this chapter. Further, this chapter ensures that the keeping, raising, and maintenance of domestic pets, livestock animals, and bees within the city does not create an adverse impact on adjacent properties by reason of dust, fumes, noise, odor, insect or vermin infestations, or visual blight, and to maintain animal welfare and public health, safety, and well-being. This chapter makes a distinction between household pets, exotic animals and typical livestock and larger animals. (Code 1980, § 17.88.010; Ord. No. 855, § 4, 2012) 17.88.020 Standards for Animal Keeping. A. Limitations on the Number of Animals. 1. Number of animals. a. The number of animals permitted on any lot is provided in Table 17.88.020-1 (Number of Animals Permitted by Zone). Page 555 of 882 Page 3 b. The overall maximum number of animals that can be kept on a property can be a combination of the permitted different animal group types provided that: i. The property complies with the minimum lot size requirement for each individual type of animal; and ii. The number of each individual type of animal does not exceed the maximum number of each type of animal(s) permitted on the property. 2. Offspring. a. Young animals born to a permitted animal listed in Table 17.88.020-1 kept on the lot may be kept until such animals are weaned (i.e. cats and dogs - four months; large animals - six months; and horses - 12 months). b. Young animals are not subject to the maximum number of animals allowed in Table 17.88.020-1 (Number of Animals Permitted by Zone). Table 17.88.020-1 NUMBER OF ANIMALS PERMITTED BY ZONE Type of Animal Zones in Which Animals are Permitted Maximum Number of Animals Permitted by Lot Size (sq. ft.) <7,200 7,200 – 9,999 – 19,999 Domestic Pets Cats All zones 3 3 4 4 Dogs All zones 3 3 4 4 Pigeons, doves, parrots, and other small birds 1 All zones 5 10 20 25 Exotic Animals 2 Exotic animals All residential and form-based zones Number and type permitted determined by Minor Use Permit process Livestock and Poultry Large Livestock (1 animal per 10,000 sq. ft. of lot area) Bovine VL and L zones - - - 3 Horses VL and L zones - - - 6 Medium Livestock (1 animal per 5,000 sq. ft. of lot area) Llamas, alpacas, donkeys, ponies, or similar-sized animals VL and L zones - - - 4 Sheep, goats, swine, or similar-sized animals VL, L, and ME1 zones 3 - - - 6 Small Livestock (1 animal per 5,000 sq. ft. of lot area) Dwarf and pygmy goats, miniature pigs or similar- sized animals VL and L zones - - 4 6 Poultry (non-crowing), Rabbits All residential and form-based zones - 4 5 25 Poultry (crowing) VL zone only 3 - - - 2 ME1 zone only 4 - - - 6 Bees Bee colonies VL zone only - - - 2 Page 556 of 882 Page 4 Table 17.88.020-1 NUMBER OF ANIMALS PERMITTED BY ZONE B. General Rules and Restrictions. 1. Manure storage and removal. a. Removal of manure must occur no less than once a month or as necessary to ensure the health, safety, and welfare of residents and visitors to the area. b. Manure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be setback a minimum of 50 feet from any perimeter property line. c. Any conditions that result in odors, unsightly areas, or infestation that can be detected beyond the property line shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice. d. Nothing in this subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn, or ranch in a manner that is compatible with customary methods of good horticulture. e. No incineration of animal refuse shall be permitted on the premises. 2. Feeding of livestock shall be done exclusively from containers (e.g., a trough) or on an impervious platform. Food for feeding livestock shall be stored in rodent and predator resistant containers. The area where livestock are fed must be located a minimum of 20 feet from any habitable dwelling. 3. Watering troughs or tanks shall be provided, which shall be equipped with adequate facilities for draining the overflow, to prevent the ponding of water, the breeding of flies, mosquitoes, or other insects, or any additional health hazards. Watering troughs must be located a minimum of 20 feet from any dwelling. 4. Shelters must be covered, predator-resistant, properly ventilated, and designed to be easily accessed, cleaned, and maintained. 5. All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties; is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties. 1 Total number of pigeons, doves, parrots, and other small birds per lot. 2 Exotic animals require a Minor Use Permit in all residential and mixed-use zones. Additional findings in Section 17.88.040 shall be met. 3 For crowing poultry in the VL zones, a minimum of one acre is required. The maximum number of animals allowed is 2, subject to compliance with Section 17.66.050 (Noise Standards). 4 For crowing poultry and livestock in the ME1 zone, a minimum of 10 acres is required. The maximum number of animals allowed is 6, subject to compliance with Section 17.66.050 (Noise Standards). Page 557 of 882 Page 5 C. Standards for specific animal types. 1. Winged animals. a. Winged animals must have wings clipped or be contained in a covered enclosure at all times in order to ensure they are confined on the property. 2. Large livestock. (See Table 17.88.020-1 for standards for the number of animals) a. Shelters for large livestock must be located: i. No less than 50 feet from any primary or main dwelling unit. ii. No less than 10 feet from any property line. b. Additional standards for horse corrals. i. Horse corrals or enclosed box stalls shall have a minimum area of 12x 12 feet for each animal. ii. The corral and stable shall be located not less than 50 feet from all neighboring dwellings. iii. Horse corral fences shall be at least five feet in height and constructed securely to confine the horses. iv. A permanent shelter shall be provided to serve all large livestock including horses maintained on the property, with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse. Shelter shall consist of structures with an overhead cover to screen direct sunlight, wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain. v. The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. vi. Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties. c. Deed restrictions. New subdivision conditions, covenants and restrictions shall not prohibit the keeping of equine animals, where zone requirements for the keeping of said animals have been met. Individual lot owners shall have the option of keeping equine animals without the necessity of appealing to boards of directors or homeowner’s associations for amendments to CC&Rs. A copy of the CC&Rs for single-family subdivisions shall be reviewed and approved by the city prior to final map recordation. Except as provided hereinabove, this section shall not be construed to supersede animal regulations contained in the conditions, covenants, and restrictions of any site or dwelling unit. However, in no case shall private deed restrictions permit animals or numbers of animals beyond those allowable in this section. 3. Medium livestock. (See Table 17.88.020-1 for standards for the number of animals) a. No pigsty shall be built or maintained on marshy ground or land subject to overflow, or within 150 feet of any watercourse or other source of water supply, or within 300 feet of a dwelling unit on an adjoining property. Page 558 of 882 Page 6 b. A permanent shelter shall be provided to serve all medium livestock with an area of 30 square feet for the first anima and an additional 20 square feet for each additional animal. Shelter shall consist of structures with an overhead cover to screen direct sunlight, wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain. c. The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. d. Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties e. Shelters for medium livestock must be located: i. No less than 50 feet from any primary or main dwelling unit. ii. No less than 10 feet from any property line. 4. Small livestock. (See Table 17.88.020-1 for standards for the number of animals) a. Shelters for small livestock must meet the following requirements: i. Be located no less than 10 feet from property lines abutting another residential lot and at least 20 feet from the nearest primary or main dwelling. ii. May extend up to any property line abutting a public alley right-of-way or private alley tract. iii. Livestock containment areas must have a minimum of 10 square feet of permeable outdoor space per poultry or rabbit, and 130 square feet of permeable space per miniature goat or miniature pig. iv. Livestock containment areas must have a minimum of four-square feet of indoor space per poultry or rabbit. b. Miniature goats, miniature pigs, or similar-sized animals. i. Miniature goats shall be neutered by four months of age. Miniature pigs shall be spayed or neutered by four months of age. ii. Male miniature pigs two years of age or older shall have their tusks properly trimmed. D. The keeping of all animals must comply with all applicable local, state, and federal regulations 17.88.030 Standards for beekeeping. A. Beekeeping is allowed in the VL zone. The principal use of the property on which beehives are kept must be residential. B. Beehives, structures for housing honeybees, shall only be located in rear yards and shall be placed a minimum of 50 feet from any property line, street, road, highway, public school, park, property boundary, and from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary or further if determined to be beneficial for health and safety purposes. In all zones, the entrance to the beehive shall face away from the property line closest to the hive. C. A flyway barrier made of a solid wall, fence, dense vegetation, or combination of these materials that extends beyond the hives on each end of a bee colony shall be established and maintained so that all Page 559 of 882 Page 7 bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Chapter 17.48 (Fences, Walls, and Screening), as well as the following: 1. Be a minimum of six feet tall; 2. Be solid such that bees cannot fly through it; 3. Be placed parallel to the property line; and 4. Extend a minimum of five feet beyond the beehive(s) in each direction. D. A plentiful source of water less than 300 feet from the apiary shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources off the premises of the apiary. E. In any instance in which a bee colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition towards swarming, beekeepers shall promptly re-queen the colony with another marked queen. Queens shall be selected with a gentle disposition from stock bred for gentleness and non-swarming characteristics. An owner/keeper of a beehive must be able to produce proof of a receipt from a queen breeder. 17.88.040 Additional findings for exotic animals. Prior to approval of a Minor Use Permit (MUP) for exotic animal keeping, the planning and the animal services director shall make the following additional findings: A. The keeping of the animal at the location specified in the application will not violate any federal, state, or local law. B. Odor, noise, dust, and drainage from the keeping and maintenance of the animal will not cause a nuisance or hazard to the public. C. The keeping and maintenance of the animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the city as a whole. Chapter 17.89 AUTOMOBILE SERVICE STATION 17.89.010 Purpose. A. The purpose of this chapter is to establish locational criteria, development standards and operational standards to regulate automobile service stations and associated ancillary uses in order to: 1. Limit concentration of automobile service stations with separation, distance, and adjacency to sensitive uses requirements. 2. Promote and preserve the public health, safety convenience, general welfare, and general prosperity of the community. It is the intent of this chapter that automobile service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development, and redevelopment of the surrounding area as reflected in the general plan. 3. Regulate automobile service station development to ensure that the design and operation of such uses effectively mitigate associated impacts of traffic, congestion, excessive pavement, lighting, litter, hazardous materials, and noise. Page 560 of 882 Page 8 4. Supplement the standards in the underlying zoning district for automobile service stations. In the event of a conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply. Automobile service stations shall also comply with all applicable state and federal regulations regarding site design, pricing signs, containment, maintenance, and operations. B. Applicability. The requirements of this chapter apply all new service station development. Whenever an applicant is required to obtain a building permit and/or approval of a development entitlement from the city, the applicant shall submit sufficient information for the approving authority to determine whether the proposed automobile service station will comply with the requirements of this chapter. (Ord. No. 1017 § 9, 2023) 17.89.020 Development and design standards. A. Location and separation requirements. 1. Separation requirements. Automobile service stations, including ancillary uses, shall be separated from other automobile service stations by a minimum of 1,000 feet. Separation distance shall be measured in a straight line from the nearest property line of said automobile service stations. 1.a. Automobile service station which exclusively provides alternative fuels shall not be subject to the separation requirements of this section. 2. Number of automobile service stations per intersection. A maximum of two automobile service stations are permitted at any single intersection. a. Where two automobile service stations are located at a single intersection, the automobile service station shall be sited in such a manner as to serve different flows of traffic. b. When automobile service stations are located in multi-use commercial centers, the stations shall be located at the periphery in order to minimize internal traffic and pedestrian conflicts. B. General development standards. New and reconstructed automobile service stations shall comply with the following development standards. 1. Minimum site area. 40,000 square feet. 2. Maximum lot coverage. 40 percent of the total lot size, including the canopy. No more than 20 percent of the total lot area shall be covered by a canopy. 3. Maximum number of driveways. No more than two driveways or means of access shall be provided to any one street or highway. No more than 35 percent of the street frontage shall be devoted to curb cuts. Within integrated developments, share access driveways are required. a. Driveways shall not be located closer than 25 feet to the end of a curb corner or a common property line when adjacent to a residential zoning district. The planning director may consider deviations from this requirement due to demonstrated site constraints, subject to compliance with all other applicable development standards. Page 561 of 882 Page 9 4. Pump islands. a. Pump islands shall be set back a minimum of 60 feet from an adjoining parcel which are used, zoned, or designated by the general plan for residential uses, schools, parks, or religious facility to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 50 feet within this distance. b. Pump islands shall be set back a minimum of 25 feet from any nonresidential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 15 feet within this distance. c. The pump island shall be situated to provide stacking space for a minimum of two vehicles behind the vehicle parked at the pump closest to any entrance and/or exit driveway. d. At least one pump station shall be accessible to oversize vehicles, including recreational vehicles. 5. Ancillary equipment/devices. Ancillary equipment/devices such as air compressors shall not be located in any required building setback area. 6. Parking requirements. The automobile service station and any ancillary uses shall comply with all applicable standards of chapter 17.64 (Parking and Loading Standards). Where conflict arises between section, the requirements of this subsection shall take precedent. a. Automobile service station: Two spaces minimum. Spaces at the pump island do not satisfy this parking standard. Any additional, ancillary uses on the property shall also include the parking requirements listed below. b. Automobile service station with a convenience store: Five spaces per 1,000 square feet of gross floor area of the convenience store. Up to 50 percent of the pump islands may be counted as parking spaces at a minimum ratio of one space for each pump island. c. Automobile service station with vehicle service bay: One space per service bay. d. Automobile service station with restaurant and/or car wash: The parking requirement shall be determined by a parking demand study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. e. A minimum of one loading space and delivery vehicle stacking area shall be located and designed to avoid undue interference with the public use of streets and alleys, drive aisles, automobile parking spaces, or pedestrian paseos. See chapter 17.64 (Parking and Loading Standards) C. Alternative Fuel Stations. 1. A minimum of one alternative fuel stations shall be provided for every four petroleum-based fuel pumps. The alternative fuel stations can be an electric vehicle charging station, compressed natural gas (CNG), hydrogen, or other alternative fuel. a. Existing automobile service stations shall add at least one alternative fuel station when proposing an expansion of the existing operation. Page 562 of 882 Page 10 2. A waiting/seating area shall be provided for customers charging an electric vehicle at a designated charging station. 2.3. Automobile Service Stations which exclusively provide alternative fuels shall be subject to the requirements of this Chapter, with exception to the separation requirements. D. Building design and orientation. See chapters 17.130 (Zone and Building Standards) and 17.132 (Building Entrances and Facades) for building design and orientation requirements. E. Lighting. See chapter 17.58 (Outdoor Lighting Standards) for all applicable lighting standards. F. Landscaping. See chapter 17.56 (Landscaping Standards) for all applicable landscaping standards. (Ord. No. 1017 § 9, 2023) 17.89.030 Signs. A. Freestanding and monument signs. One freestanding sign or one monument sign is allowed on each street frontage. Maximum of three freestanding or monument signs combined per sign. B. Wall signs. 1. One per building elevation, maximum. A wall sign is not permitted on an elevation which is facing an adjoining parcel that is used, zoned, or designated by the general plan for residential uses. 2. Maximum wall size area shall be 20 square feet per applicable building elevation. All wall signs shall be individual channel letters and either halo or internally illuminated. C. Window Signage. Window signs shall not exceed 10 percent of the area of each window. Individual window signs shall not exceed four inches in height and four square-feet in area. Window signs shall not be illuminated. (Ord. No. 1017 § 9, 2023) 17.89.040 Operational standards. A. Location of activities. All activities and operations shall be conducted entirely within the enclosed ancillary structure(s), except as follows: 1. The dispensing of fuel products from pump islands, vehicle charging, and air and water services, and display of propose tanks for sale. 2. Minor emergency repairs including, replacement of headlights, turn indicator bulbs or windshield wipers. B. Site maintenance. The site including all structures, landscaping, walls/fences, and signs shall be maintained in good repair, in a clean, neat and orderly condition. Driveways, parking, landscape, and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into drainage, gutter, or sewer systems. C. Trash receptacles. Trash receptacles shall be located at the building entrance and at each pump island. The premises shall be kept free of the accumulation of litter or waste. Removal of waster or litter from the trash receptacles shall occur at a minimum or once each day the business is open. D. Trash enclosure. A trash enclosure, completely enclosed with a decorative masonry wall not less than six feet heigh with a solid metal self-enclosing gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner Page 563 of 882 Page 11 which is accessible to refuse collection vehicles. An architecturally integrated trellis and landscaping shall be provided above the trash enclosure. E. Public service facilities. All automobile service stations shall: 1. Provide restrooms on site, at no charge, for customer use during normal business hours. The restroom shall be continuously maintained in a clean and sanitary manner. Entrances to restroom facilities shall be located within a building. 2. Provide and maintain an air pump and radiator water hose for public use. F. Noise. All outdoor noise generators associated with an automobile service station and any ancillary use(s) shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources. 1. Automobile service station and ancillary use noise (e.g., bells, loudspeakers, tools, video/audio pump stations, and sound signals, etc.) shall not be audible from residentially zoned or residentially occupied parcels between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays. 2. Automobile service station and ancillary use operations shall comply with all other applicable noise requirements of the Rancho Cucamonga Municipal Code. G. Hazardous materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automobile fluids shall be recycled or removed according to applicable state and federal standards. H. Propane tank sales. Propane tank sale displays shall be located outside of any required setback area and shall be stored in a secure display. The city may require landscaping or other type of screening to conceal the propane tanks from public view. I. Mechanical equipment. 1. All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing and permitted repairs shall be enclosed entirely within a building. 2. All rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way. 3. All ground mounted gasoline vapor recovery units and venting pipes shall be partially enclosed with a six-foot-high decorative solid screen wall and landscaping and shall not be located in any required setback area. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards. J. Ancillary uses. Ancillary uses related to automobile service stations shall not operate 24 hours a day. 1. Convenience store. a. Outdoor display of merchandise shall be prohibited unless a temporary use permit is obtained pursuant to chapter 17.104 (Temporary Use). b. Alcohol sales related to ancillary uses of automobile service stations located within overconcentrated census tracts shall not be allowed. 2. Car wash. Page 564 of 882 Page 12 a. Applicants shall provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. b. Applicants shall provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. 3. Vehicle repair shop. a. Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties. b. Service bay doors shall not directly face an existing residential development or residential zone. c. Vehicle repair shops shall be limited to battery and ignition services, tire repair and sales, and other accessory sales and services for automobiles; but shall exclude major automobile repairs, tire recapping, steam cleaning, painting, body and fender work, engine overhaul, and other work of a similar nature. 4. Restaurants. Drive-through restaurants shall be prohibited. K. Discontinuation of an automobile service station use or structure. An automobile service station use that has been legally established and conforms to all standards of title 17 shall not be re-established if such use has been discontinued for a continuous period of 12 months or more. L. Legal nonconforming. 1. Any automobile service station that is lawfully operating in the city and does not conform to the provisions of this chapter, but which were legally established prior to the date this section was adopted, shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile service stations and ancillary uses on said automobile service station site shall be subject to chapter 17.62 (Nonconforming Uses, Structures, and Lots). a. Modifications to existing automobile service stations or ancillary uses. Automobile service station uses and structures related thereto shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provisions of this chapter. If conformity with standards adopted pursuant to this chapter causes hardship due to existing configuration of on-site buildings or structures, a variance may be applied for, pursuant to section 17.20.030 (Variance). (Ord. No. 1017 § 9, 2023) Chapter 17.90 CAR WASHING AND DETAILING 17.90.010 Purpose. The purpose of this chapter is to regulate car washing and detailing uses, including mobile car washing, with development standards and operational requirements that will ensure high quality car wash development and address the mitigation of impacts that can be associated with car washes such as noise, water and air quality, aesthetics, and traffic related impacts. (Ord. No. 948 § 6, 2019) Page 565 of 882 Page 13 17.90.020 Development standards. A. The site layout and design shall ensure that the queuing and drying areas will not create overspill onto adjoining walkways and streets, or onto adjacent properties/parcels not associated with the car wash use. B. All washing facilities shall be completely within an enclosed building. C. Whether automatic, by hand, or self-service, the car wash structure (including wash bays) shall be located a minimum 100 feet from the boundary of any residentially zoned or developed property. D. All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Buildings shall be oriented toward the primary street, with auto-servicing use/activity located in the rear of the site. Vehicular openings shall not face any adjacent residentially zoned or developed property. E. Vacuuming facilities shall not be located along public or private streets and shall be completely screened from adjacent residential properties for noise attenuation purposes. Additional noise attenuation may be required depending on the number of vacuums, including distance separation, to the satisfaction of the planning director. F. The car wash structure must be architecturally compatible in terms of mass, scale, and building colors and materials with any other buildings on site and with the surrounding neighborhood. G. The queuing area shall be of a sufficient length to accommodate the necessary stacking of vehicles. The stacking distance shall be determined through a parking study as provided in Chapter 17.64 (Parking and Loading Standards). Each drive-through lane shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site. (Ord. No. 948 § 6, 2019) 17.90.030 Operational requirements. A. Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m., unless site specific circumstances otherwise warrant alternative hours of operation, as determined through the conditional use permit process. B. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by the engineering services department. C. All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent residential properties. Exhaust systems shall be equipped with appropriate control systems to minimize or eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state, and federal air quality standards. D. All uses at the subject site, including any power driven or steam cleaning machinery, drying equipment, or vacuuming machines shall maintain noise levels below the levels provided in Section 17.66.050 (Noise standards) of this code. E. The installation and operation of outdoor loudspeakers or public address systems is not permitted. (Ord. No. 948 § 6, 2019) 17.90.040 Mobile car washing and detailing. Page 566 of 882 Page 14 Mobile car washing and detailing is considered an incidental use related to the permitted principal land use in any zone upon which the activity takes place. A city business license and any applicable permits related to wastewater or environmental protection must be obtained. The following operational requirements shall apply to all mobile car washing and detailing uses: A. Operators are prohibited from engaging in washing the exterior of a vehicle on any public street or public right-of-way, or on any vacant unimproved lot. B. Mobile car washing and detailing businesses operating in non-residential zones shall not operate within 300 feet of a boundary of a residential zone and/or residential structure. C. Hours of operation in residential zones shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in non-residential zones shall be limited to Monday through Sunday, 8:00 a.m. to 7:00 p.m. D. In nonresidential zones, mobile car washing, and detailing businesses shall not operate at the same location and/or at the same property for more than four hours during the permitted hours of operation (as identified above) and shall not operate for more than one day per week. E. In nonresidential zones, mobile car washing, and detailing businesses shall not service more than 20 vehicles per location per week. F. Operators shall maintain noise levels below the levels provided in Section 17.66.050 “Noise standards” of this Code. G. The operator of a mobile car washing, and detailing business shall obtain, and have evidence of, the authorization of the property owner (or the property owner’s authorized representative) to operate prior to commencement of operations and throughout the duration of the activities. H. At all times operators shall either contain wastewater for disposal off site or divert wastewater to a sanitary sewer on site to the satisfaction of the engineering services director/city engineer. (Ord. No. 948 § 6, 2019) Chapter 17.91 DRIVE-IN AND DRIVE-THROUGH USES 17.91.010 Purpose. This chapter regulates drive-through facilities to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets and parking areas, and that stacking lanes will not have nuisance impacts on nearby residential uses. This chapter establishes development standards to mitigate the impacts of traffic, congestion, excessive pavement, litter, and noise while ensuring pedestrian connectivity is uninterrupted by vehicles and outdoor spaces are provided and preserved. (Code 1980, § 17.90.010; Ord. No. 855 § 4, 2012) 17.91.020 Applicability. A. These development standards apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility. B. The development standards for new uses with drive-in and drive-through sales and services, the addition of drive-through facilities to existing developments, and the relocation of existing drive- through facilities will be reviewed in conjunction with any required conditional use permit and/or major design review application. (Code 1980, § 17.90.020; Ord. No. 855 § 4, 2012) Page 567 of 882 Page 15 C. The approval of a drive-through facility shall require that the review authority to make all of the following findings, in addition to those required for a conditional use permit as stated in section 17.20.060 (Conditional use permit). 1. The proposed amount of parking, circulation plan, and traffic management plan will provide adequate area for safe stacking and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses; 2. The proposed location of the drive-through facility will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan; 3. The proposed location of the drive-through facility will not block existing drive isles in shared parking areas; and 4. The proposed location of the drive-through facility will not interfere with and/or impact on-site pedestrian access/circulation. 17.91.030 Additional application requirements. A. In addition to the standard application requirements for a conditional use permit stipulated in section 17.20.060 (Conditional use permit), an applicant for a restaurant with a drive-through business shall submit the additional application requirements prescribed by the director. 17.91.040 Development and design standards. The following standards shall be the minimum requirements for all drive-in and drive-through facilities. Refer to Figure 17.90.030-1 (Drive-Through Site Standards). Approvals for a conditional use permit as described in section 17.20.060 (Conditional use permit) and major design review described in section 17.20.040 (Major design review) shall only be granted in compliance with these standards. . A. Site Planning 1. Location. a. Access to drive-through facilities is only permitted on streets designated as Automobile Priority in the Rancho Cucamonga General Plan, Figure M-5 (Automobile Priority). 2. Site area. The minimum net land area for uses with drive-through facilities is one acre. This minimum land area may be modified by the review authority through the design review process when the drive-through facility is within a master plan or an integrated shopping center. 3. Building placement and orientation. a. Buildings shall be placed on the front yard or street side yard setback line and oriented so that the primary public entrance faces the street. b. Outdoor dining and seating areas shall be located near the main pedestrian entrance. c. Walk-up windows, if used, shall be located near outdoor dining areas or other pedestrian areas, to encourage accessibility and limit vehicle and pedestrian conflicts. d. Buildings may be clustered to create a plaza or outdoor dining area between buildings. Page 568 of 882 Page 16 e. Pedestrian pathways and sidewalks must provide safe and convenient access to the building, shall connect directly to the public right-of-way, and shall not cross driveways or stacking lanes to get to the building’s entrance. f. The drive-through lanes shall not be located between a property line and the front of the building. g. Drive-through lanes shall be located to the side or rear of the building and shall be screened with a combination of low screen walls and dense landscaping. The drive- through lanes may be designed to pass through an enclosed building element that is integrated into the building’s design so that the lanes are enclosed. h. Loading and service areas must be located on the site to minimize potential noise incompatibility with surrounding properties and so that, to the maximum extent feasible, they are not visible from public rights-of-way. i. Future drive-through facilities proposed in a master plan or shopping center shall be identified early in the review process to avoid retrofitting the site plan at a later date. 4. Trash and recycling enclosures. Trash and recycling enclosures must comply with the requirements established in Chapter 17.48 (Fences, Walls, and Screening) and section 17.120.020.E (Refuse and recycling areas) 5. Landscaping and buffers. Landscaping, fencing, and trees shall be provided consistent with the requirements in section 17.120.020.C (Landscaping) and chapter 17.56 (Landscaping Standards). Figure 17.90.040-1 Drive-through design standards Page 569 of 882 Page 17 0 Ci) G • 0 Raised pedestrian crossing Pedestrian access and Walk-up window connection to the sidewalk C Low screening of parking 0 Low landscaping to maintain • site lines to pedestrian crossing along public right-of-way PUBLIC STREET • Street trees Landscape buffer to screen Exterior dining patio activating stacking lane street frontage Menu Page 570 of 882 Page 18 B. Building Design 1. Building entrances. a. Primary building entrances and entry features shall be clearly defined through variation of architectural planes on the building and pavement surfaces, and must be accessible from a courtyard or plaza. b. The primary building entries shall be accessed directly from the sidewalk in the public right-of-way or from within the development site. Pedestrian circulation paths may only intersect or cross a drive-through lane(s) if the applicant can demonstrate that there are no other feasible or practical options available, in which case the pedestrian crossing shall be raised to create a hump to enhance pedestrian safety. c. Prominent architectural features shall be located near corners and intersections to promote and enhance the primary building entrance. d. The appropriate placement of awnings or signage can clearly demarcate building entrances. 2. Building architecture and articulation. a. Drive-through facilities within an integrated shopping center or master plan must have an architectural style consistent with the theme established in the center. b. The architecture of drive-through facilities must be compatible and consistent with surrounding uses in form, materials, colors, scale, etc. c. Building planes shall have variation in depth and angle to create variety and interest in the basic form and silhouette of the building. d. Articulation of building surfaces shall be encouraged through the use of openings and recesses which create texture and shadow patterns. e. Drive-through facilities shall comply with the requirements of section 17.120.030 (Building design). 3. Outdoor dining areas for restaurants. a. Outdoor dining areas are required for all drive-in and drive-through restaurant facilities in the MU zones. b. Outdoor dining areas shall be designed as an integral part of the drive-through facility, and can include plazas, arcades, colonnades, or courtyards. c. Outdoor dining areas and other publicly accessible outdoor spaces shall include tables and seating, trash cans, bicycle racks, and structures that provide shade and protection from the weather. d. To the maximum extent feasible, outdoor dining areas shall be oriented for maximum benefit of sunlight and views and to the extent possible, outdoor dining areas shall be oriented away from drive-through stacking lanes e. The minimum dimension of an outdoor dining area shall be 20 feet measured in any direction with a minimum area of 450 square feet. Page 571 of 882 Page 19 4. Signs. All signs shall conform to the provisions of Chapter 17.74 (Sign Regulations for Private Property). Drive-through facilities in an integrated shopping center or master plan must comply with the uniform sign program established for the center. C. Parking and Circulation 1. Parking. a. The parking for drive-through facilities shall be determined according to Chapter 17.64 (Parking and Loading Standards). b. Parking lots shall be landscaped and screened in accordance with section 17.56.050 (General landscape development standards) and section 17.56.060 (Special landscape requirements), and connected to buildings with well-designed pedestrian paths, trellises paseos, and walkways. 2. Setbacks. Parking and the drive-through lane(s) shall be set back a minimum of 45 feet from the curb face of a public street. Greater setbacks may be required as mentioned in an applicable specific plan or as deemed necessary during the design review process. 3. Stacking requirements. a. The drive-through lane shall be long enough to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as described in Chapter 17.64 (Parking and Loading Standards) and shall be based on the number of vehicles in the drive-through lanes for seven consecutive days during peak lunch hours between 11:00 a.m. to 2:00 p.m. and peak dinner hours between 5:00 p.m. to 8:00 p.m. at three different restaurant locations in cities with a similar population as Rancho Cucamonga and in a similar location as the proposed site. b. All stacking must be designed to be accommodated on the site of the drive-through use or through a shared use agreement with an adjacent property owner(s). No stacking onto public or private streets is allowed. c. Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation. d. In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s), personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas. e. Drive-through lane design. i. The entrance and exit of a drive-through lane must be at least 50 feet from an intersection of public rights-of-way when measured at the closest intersecting curbs. ii. The drive-through lane must be at least 10-feet wide with a minimum 10-foot interior radius at curves. iii. The stacking area must accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service. A higher minimum of cars could be required as part of the conditions of approval. The stacking space for each vehicle shall be 10 feet wide and 20 feet long. Page 572 of 882 Page 20 iv. The drive-through lanes shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site using concrete curbing or paint striping on at least one side of the lane. These requirements do not apply to the reuse of existing properties. v. The drive-through lanes and stacking area shall be located adjacent and parallel to the public right-of-way. vi. v. All stacking lanes must be clearly identified with pavement markings and signage to indicate the entrance, direction of traffic flow and exit. vii. vi. The driveway-through lane design must provide for a minimum nine feet wide escape/emergency lane allowing motorists to exit the stacking lane before reaching the drive-through window. f. Stacking lanes must be screened in compliance with section 17.56.060 (Special landscape requirements). g. No more than two stacking lanes are allowed per drive-through use. Each lane must conform to the standards in this subsection. 4. Off-site improvements a. Street trees shall be provided along the public right-of-way and shall be selected from the city’s adopted master list of street trees and parking lot trees. b. The applicant shall coordinate with Engineering on all off-site improvements needed to provide full ADA accessibility compliance within the adjacent public right-of-way. D. Performance Standards 1. Special performance standards for restaurants with drive-through facilities. The use shall be operated in a manner that does not interfere with the normal use of adjoining properties. If, in the opinion of the planning director, the provisions of this paragraph are being violated, the violations shall be grounds for reopening conditional use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the planning commission or city council: a. Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or 65 dBa, whichever is greater. b. All exterior lighting shall be contained to the subject property and shall not encroach onto neighboring properties. c. Drive-through hours of operation shall be limited to 8:00 a.m. to 12 a.m. midnight. If a drive-through facility is adjacent to residential property, then hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to 12:00 a.m., Friday and Saturday. These hours of operation standards do not apply to the business that the drive-through serves. d. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive-through restaurants or other uses which typically generate trash or litter, adequate Page 573 of 882 Page 21 trash containers, as determined by the planning director, shall be required and employees shall be required daily to pick up trash or litter originating from the site and within 300 feet of the perimeter of the property. e. All graffiti shall be removed within 72 hours. f. No undesirable odors shall be generated on the site. g. The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises. h. A copy of these performance standards and all conditional use permit conditions of approval shall be posted alongside the necessary business licenses and be visible at all times to employees. Chapter 17.92 HOME OCCUPATIONS 17.92.010 Purpose and intent. The purpose of this chapter is to regulate commercial, and office uses within and accessory to residential dwellings. It is the intent of these regulations to allow for certain home-based businesses while ensuring that home occupations do not negatively impact the overall quality and character of the surrounding residential neighborhood. (Code 1980, § 17.92.010; Ord. No. 855, § 4, 2012) 17.92.020 Permit required. Prior to the establishment of a home occupation, a home occupation permit shall first be secured by the user. A home occupation permit shall be in addition to any other permit or license that may be required by the city, county, or state, including a business license. Home occupation permits are allowed on legal nonconforming residential properties (e.g., existing single-family home that is legally nonconforming on a parcel that is zoned industrial). (Code 1980, § 17.92.020; Ord. No. 855, § 4, 2012) 17.92.030 Development standards. All home occupations shall comply with the following development standards: A. Incidental use by nature. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. Not more than 15 percent of the total square footage for the dwelling or one room of the dwelling, whichever is less, shall be used for the home occupation. For the purpose of this Section, the inhabitants of the home who are working remotely from their place of employment are not considered a home occupation. B. Employees. No persons, other than members of the family who reside on the premises, shall be engaged in the home occupation activity. Off-site employees or partners are not permitted, except for cottage food uses, consistent with state law. C. Exterior appearance. There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity. D. Sales. There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property, cottage food products, or homemade crafts. On-site sales allowed shall be limited to the hours of 8:00 a.m. to 8:00 p.m. as long as sales do not result in visitor or customer traffic Page 574 of 882 Page 22 beyond allowed in this section. Off-site sales, including electronic and mail order commerce, is permitted, consistent with the other standards of this chapter. E. Visitors and customers. Not more than five customers or clients per day shall enter the dwelling for meetings, service, or products and not more than 10 vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only F. Operation standards. No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties. G. Accessory structures. Home occupations may utilize accessory structures as storage or workspace space provided such use is confined to a cumulative area of not more than 600 square feet in an attached and/or detached accessory structure or garage. An attached or detached garage may be used for storage or workspace as long as sufficient parking space is available on the property to meet the current code requirements. H. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles, except for FedEx, UPS, or USPS-type home pickups and deliveries. Off-site deliveries, such as to a post office box, are preferred. I. Signs. No signs shall be displayed in conjunction with the home occupation and there shall be no advertising using the home address. J. Commercial vehicles. No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit. K. Prohibited uses. Home occupation permits shall not be granted for the following prohibited uses: 1. Ammunition recycling. (Code 1980, § 17.92.030; Ord. No. 855, § 4, 2012; Ord. No. 860 § 4, 2013) 17.92.040 Yard sales. The following restrictions apply to yard sales: A. For purposes of this section, the term “yard sale” means a temporary sale of household items on residential premises. B. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six-month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. C. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six months or more on the same parcel or lot. D. A yard sale may only be conducted in a residential zone. (Code 1980, § 17.92.040; Ord. No. 855, § 4, 2012) Chapter 17.93 HOTELS 17.93.010 Purpose. Page 575 of 882 Page 23 The purpose of this chapter is to regulate hotels with development standards and operational requirements that will ensure high quality hotel development and mitigate impacts that could be associated with hotels, including crime, urban blight, and the exceptional use of public resources. (Ord. No. 949 § 5, 2019) 17.93.020 Market feasibility study required. An application for a conditional use permit to operate a hotel shall include a market feasibility study. The city may prepare the study or request the applicant to prepare the study, subject to an independent peer review. The applicant shall be responsible for the cost of the study and/or peer review. The market study, at a minimum, shall address the following: A. A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, workstations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.). B. Provide information on the business model, ownership, and franchise of hotel. C. A business and financial history of the proposed developer and potential operators, if different than the developer, including at a minimum the following: principals, experience, years in business, capitalization, listing of projects, number of units owned, average rates charged, and occupancy rates. D. Whether the proposed hotel will be financially feasible by meeting an unfilled need for hotel rooms in the city. Provide an analysis of the economic environment, projecting likely future economic conditions as they relate to the operation of the proposed hotel and its accessory uses. E. Analysis of the proposed hotel’s projected market base. F. Three and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city. G. The estimated share of the hotel market the hotel will capture during the first five years of operation, and whether the hotel will primarily focus on drawing guests from existing hotels in the city. H. An analysis of economic impacts on existing hotels within Rancho Cucamonga, including, at a minimum, an estimate of the dilution of the city’s hotel market due to the proposed hotel and if the proposed project has potential adverse impacts on the financial viability of existing hotels in the city. (Ord. No. 949 § 5, 2019) 17.93.030 Additional conditional use permit findings. Prior to approval of a conditional use permit when required by Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) the approving authority shall make the following findings, in addition to those findings required by Section 17.16.120.D: A. The proposed hotel development is consistent with the General Plan’s Economic Development Goals and Policies. B. The proposed hotel will not create urban decay due to the significant loss of business at existing hotels in the city, hotels currently under construction in the city, or hotels that have been granted entitlements by the city that have not expired but are not yet under construction. C. The proposed hotel is located in an area of the city with substantial unmet demand for a hotel. D. The proposed hotel is not expected to reduce the total hotel occupancy rate in the city below 72% in the first five years of operations. (Ord. No. 949 § 5, 2019) Page 576 of 882 Page 24 17.93.040 Occupancy standards. A. No hotel guestroom shall be rented for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days. B. No hotel guestroom shall be rented for less than a one-day period. (Ord. No. 949 § 5, 2019) 17.93.050 Public safety standards. A. No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit shall include the following information: 1. A management plan that describes how the hotel will address potential criminal activities at the site. 2. A lighting plan that demonstrates how the hotel’s proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car. 3. A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles. B. At all times, hotel operators shall maintain on file with the Rancho Cucamonga police department and fire district a single, current point of contact for addressing law enforcement, public health, and safety problems at the hotel site. In connection with the issuance of a business license, a police and fire inspection shall be required when a hotel undergoes a change in ownership or operator. C. Hotel owners and all hotel employees shall be trained to spot criminal activity. D. A security camera system is required to be installed with the capability of providing access to the Rancho Cucamonga police department and fire district. Recordings shall be held for a minimum of 30 days. E. Hotels that provide entertainment as defined in Section 17.20.020 shall obtain an entertainment permit. (Ord. No. 949 § 5, 2019) 17.93.060 Hotel amenities. No development review and/or conditional use permit shall be approved for a hotel unless the following amenities are provided: A. Each guestroom shall include high-speed Internet, voicemail, desk, color television, mini-fridge, coffee maker, alarm clock or wake-up service, hairdryer, iron and ironing board; B. The minimum following amenities shall be provided on site: 1. A bar/lounge with dining area; 2. Hot tubs/spas with pool or day spa services with pool; 3. A business center with computers and printers for guest use; 4. A large fitness center (minimum of 750 square feet for hotels with less than 100 rooms; minimum of 1,500 square feet for hotels with 100 or more rooms) with a wide range of equipment/exercise stations; Page 577 of 882 Page 25 5. A café or coffee shop including at minimum a counter served bakery café with dedicated employees serving freshly prepared coffee, teas and specialty drinks open a minimum of nine hours each day; 6. Up to two required amenities may be waived or replaced with alternative amenities by the planning director if similar existing amenities are available on site as part of an existing development or if the proposed hotel is in the Upper Upscale or Luxury scale based on Smith Travel Research hotel classifications or AAA four diamond hotel. C. One of the following amenities shall also be provided on site: 1. Convention/meeting space of no less than 10,000 square feet that is reconfigurable with flexible seating, full audiovisual (AV) capabilities, and full commercial kitchen. The convention/meeting space shall be contiguous with internal connections to the main hotel structure and shall not be physically separated from the hotel; 2. A full-service restaurant operating at substantially similar hours to the hotel and offering room service to the hotel; 3. A roof-top bar and food service with patio lounge and recreation/relaxation area and associated amenities; or 4. Other amenities may be considered in lieu of one of the required amenities subject to planning director approval. D. Two of the following amenities shall also be provided on site: 1. Valet parking; 2. Spa services (if not provided as amenity to meet one of the above requirements); 3. An indoor pool; 4. Fire pits and an outdoor patio (if not provided as amenity to meet one of the above requirements); 5. Indoor or outdoor recreation court (basketball, volleyball, etc.); 6. A water play area; 7. Penthouse suites with full balconies; 8. Onsite auto detailing service; 9. Onsite car and/or bike sharing for use by guests; 10. Concierge services; 11. Participation in a regional airport shuttle service; 12. Hosted evening social hour; 13. Overnight laundry and dry-cleaning services; 14. Office space/workspace rental program; 15. Pet amenities, including, but not limited to, acceptance of cats and dogs in rooms, complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services, such as pet walkers, pet sitters, veterinarians, pet shops and groomers. Pet play/exercise areas are strongly encouraged; or Page 578 of 882 Page 26 16. Other amenities may be considered in lieu of one of the required amenities subject to planning director approval. (Ord. No. 949 § 5, 2019) 17.93.070 Design standards. In addition to the design provisions outlined in Article VII (Design Standards and Guidelines) of this code, the following design standards shall apply to all new hotel development: A. Site design and layout. 1. Hotels shall support other hospitality industry-related uses such as restaurants, entertainment, recreation, and travel and tourism by integrating into a larger pattern of development and avoiding being isolated from such uses or being stand-alone. Integration into a larger mixed-use development that consists of residential, commercial, and/or office uses is also acceptable. 2. Site and building designs shall be unique and tailored to the specific site rather than formulaic and without any distinguishing characteristics. 3. Dual-brand hotel concepts shall be developed within a single building or complex and not as two separate buildings. 4. Multi-story vertical development is preferred over single or two-story horizontal development. Furthermore, within the Haven Avenue Overlay Zone, all buildings shall have four floors or more. 5. Hotel projects shall be designed with the hotel building(s) plotted at the street/front building setback line with the overnight parking area located at the rear or side of the building(s). 6. Hotel projects shall be designed with the primary (long) axis of the hotel building(s) aligned parallel to the street. Consideration of alternatives may be given to sites with narrow street frontages. 7. When the main entrance into the hotel building is on the “street side,” short-term parking for guests checking in, drive aisles for passenger un/loading, and any overhead structures such as porte cocheres are permitted within the parking and landscape setback along the street by up to 50% of the setback dimension. 8. Parking lots or facilities shall have a minimum ratio of six percent of the total parking spaces equipped as electric vehicle charging stations, except parking lots or facilities for new developments in Industrial Zones shall have a minimum of 10 percent of the total parking spaces equipped for electric vehicles with one charging station for every two spaces dedicated to electric vehicles. B. Architectural design and details. 1. The architecture of all buildings shall incorporate multiple design elements/features and diversity/variation in colors to minimize monotony and repetition along all wall planes. 2. The maximum amount of plaster/stucco finish applied to any building wall plane (or any exterior panel systems that have the appearance of plaster/stucco) shall not exceed 25% of the vertical area of the wall plane. 3. Articulation of the building wall planes is required on all elevations. 4. High-quality building materials shall be used both on the exterior and interior of the hotel. Page 579 of 882 Page 27 5. Within the Haven Avenue Overlay Zone, the following requirements shall apply to all hotel buildings: a. The application of plaster/stucco finish (or exterior panel systems that have the appearance of plaster/stucco) on any building wall plane is not permitted. b. A mix of exterior glass cladding, metal elements/features, and decorative wall finishes such as stone, composite, or natural tiles are required. C. Pedestrian and vehicular access. 1. All hotel buildings shall have direct pedestrian access between the hotel lobby and the street on the “street side” of the building if the main entry into the building is on the opposite side of the building. 2. All buildings within a hotel project, when separated by a parking lot, shall be interconnected by pedestrian pathways with a minimum width of 10 feet. Such pathways shall also include shade structures and seating at various intervals. 3. A prominent entry feature shall be incorporated into the main hotel entry (e.g., water feature, public art, landscaped elements). D. Lighting. 1. Light fixtures, features, and/or similar elements shall be incorporated into the exterior of all hotel buildings to accentuate the architecture. 2. All pedestrian pathways on-site and along the public sidewalks adjacent to all street frontage(s) of the project site shall have pedestrian-scale lighting. All such light fixtures (including any base) shall not exceed 10 feet in height. E. Landscaping. A high degree of landscaping shall be installed throughout the property, including entry, courtyards, gardens, pool areas, walkways, and parking areas. F. Building systems placement. All mechanical equipment and utility connection points, including HVAC units, electrical meters, and gas meters shall be screened from public view (see Figure 17.93.070-1). Rooftop equipment shall not exceed the height of the roof parapet concealing the equipment. FIGURE 17.93.070-1 SCREENED MECHANICAL EQUIPMENT Page 580 of 882 Page 28 (Ord. No. 949 § 5, 2019) Chapter 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION 17.94.010 Purpose. The purpose of this chapter is to regulate commercial cannabis uses, both medical and non-medical, in a manner that is consistent with the requirements of state law. (Ord. No. 921 § 8, 2017) 17.94.020 Prohibited uses. A. Commercial cannabis uses are expressly prohibited in all zones, overlay zones and special planning areas in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a business license, building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use. B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors. C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with section 17.94.030. (Ord. No. 921 § 8, 2017) 17.94.030 Indoor cannabis cultivation. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below. A. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. B. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law. C. Only persons 21 years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2. D. Cannabis cultivation is permitted only within fully enclosed and secure structures. E. No person shall cultivate marijuana in any manner that causes any of the following conditions: 1. Light, glare, odor, noise, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or 2. Any violation of chapter 17.66 of the Development Code. (Ord. No. 921 § 8, 2017) 17.94.040 Exceptions. A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city. Page 581 of 882 Page 29 B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1. C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Professions Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. (Ord. No. 921 § 8, 2017) 17.94.050 Violation, penalty. In addition to any other enforcement permitted by this chapter of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. No. 921 § 8, 2017) Chapter 17.96 MOBILEHOMES 17.96.010 Purpose. The purpose of this chapter is to identify special development standards for mobilehomes and mobilehome parks, consistent with state law. (Code 1980, § 17.96.010; Ord. No. 855, § 4, 2012) 17.96.020 Development standards for mobilehomes. Mobilehomes are permitted within residential zones with the same density and development restrictions as single-family homes and subject to the following requirements: A. The mobilehome is placed on a permanent foundation system in compliance with all applicable building regulations. B. The mobilehome construction is certified under the National Mobilehome Construction and Safety Standards Act of 1974 and was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the building and safety department in order to secure valid building permit(s). C. The design review committee shall determine if the placement of the mobilehome is compatible to the immediate area in which it is being placed according to the following criteria: 1. The design of the mobilehome unit shall be similar in character and appearance to other dwellings in the area for such features as unit size, roof overhangs, roof materials, and exterior materials. 2. All building setbacks, parking, coverage, height, width, and sign requirements of the base zone shall apply. (Code 1980, § 17.96.020; Ord. No. 855, § 4, 2012) 17.96.030 Development standards for mobilehome parks. Page 582 of 882 Page 30 Chapter 17.97 LIVE/WORK UNITS This section sets forth requirements for mobilehome park development. Except as provided hereinabove, all other development standards contained in chapter 17.36 (Development Standards by Base Zone) shall apply. A. There shall be no minimum side area for a mobilehome park. B. There shall be no minimum area, width, or depth requirement for individual lots or spaces. C. There shall be no minimum yard requirement for individual lots or spaces. D. There shall be no minimum size for individual mobilehome units. E. The minimum street yard setback on public streets shall be in conformance with chapter 17.36 (Development Standards by Base Zone). F. Existing mobilehome parks and pre-existing mobilehome parks shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed in this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park. (Code 1980, § 17.96.030; Ord. No. 855, § 4, 2012) 17.97.010 Purpose. The purpose of this chapter is to establish standards for the location, development, and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities. 17.97.020 Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, subject to the permit requirements of the underlying zone. 17.97.030 Changes in Use. A live/work unit may be changes to exclusively a residential or commercial use in any building if the residential or commercial use is allowed in the zone in which the building is located. 17.97.040 No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as residential space for a person or persons not working in the same unit. 17.97.050 Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit. 17.97.060 Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business. Page 583 of 882 Page 31 17.96.070 Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zone. 17.97.080 Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of work, except that up to two additional employees may be allowed subject to the approval of a minor use permit. More than three persons other than residents of the live/work unit may be allowed, subject to conditional use permit approval, based on the additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. 17.97.090 On-premises Sales. Goods produced within the live/work unit may be sold on-premises if the sales activity is incidental to the primary production work within the unit. These provisions allow for open studio programs and gallery shows 17.97.100 Development Standards. A. Residential density. The number of live/work units on a site must comply with the residential density allowed in the base zone. B. Nonresidential area. A minimum of 60 percent of the ground level or a live/work development, or a minimum of 300 square feet, whichever is greater, must function predominantly as workspace. The workspace component of a live/work unit must be located on the ground floor. All floor area other than that reserved for living space must be reserved for and regularly used for workspace. C. Building design. The live/work development must comply with the applicable building type, building entrance, and façade types of the applicable zone. D. Non-residential amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity. E. Separation and access. Access to each live/work unit must be provided from a public street or common access areas. The access to each unit must be clearly separate from other live/work units or other uses within the structure. F. Integration of living and working space. An area within a live/work unit that is designated as residential space is an integral part of the live/work unit. The living space shall be accessible to the non-residential space using interior connection. Exterior access must comply with Division 23-11B- 1 (Building Code). G. Mixed occupancy building. A building may contain live/work units and other non-residential occupancies. The occupancies, other than live/work, must comply all applicable requirements for those uses, and proper occupancy separations must be provided between the live/work units and other occupancies, as determined by the Building Official. Chapter 17.98 PUBLIC UTILITIES AND USES Page 584 of 882 Page 32 17.98.010 Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for public utilities and uses, including utility facilities and infrastructure. It is the city’s intent in establishing these standards to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by regulating the size, scale, and location of these uses, as well as requiring additional setbacks, landscaping, and other buffering between the subject use and surrounding property. (Code 1980, § 17.98.010; Ord. No. 855, § 4, 2012) 17.98.020 Location requirements for transmission lines and pipelines. A. General location. Generally, transmission lines and pipelines shall be located within public rights- of-way (with approval of the public works director) or within dedicated easements for transmission lines (e.g., public utility easement). B. Electrical transmission lines. Electrical transmission lines of 100,000 volts or greater capacity may be located in any zone and shall be located in easements or rights-of-way which permit access for maintenance with minimal disruption to surrounding properties. Preference shall be given to the location of transmission lines in the rank order specified below; every reasonable effort shall be exerted to avoid established residential areas. In the event Southern California Edison determines that it has no alternative but to route a 100,000 volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when the utility can demonstrate that it is not feasible to do so. The term “feasible” shall be as defined in Government Code § 53096(c). 1. Within existing electrical transmission rights-of-way or those anticipated for other projects proposed subject to this title. 2. Adjacent to railroads or adopted freeway routes. 3. Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial. 4. Adjacent to or through existing or planned commercial, industrial, or agricultural uses. 5. Along arterial streets where residential uses designated in an adopted plan are at least 24 units per acre. 6. Through areas where land uses in an adopted plan are predominantly commercial but include residential uses. 7. Through residential areas, including side and rear yards, irrespective of density. (Code 1980, § 17.98.020; Ord. No. 855, § 4, 2012) 17.98.030 Location requirements for fixed-base structures and facilities. In siting fixed-base structures and facilities, the city shall place preference on the locations listed below in the order listed. In any case, siting fixed-base facilities within residential zones, particularly those intended for multi-family housing, shall be a last resort. All new subdivisions and land planning (e.g., specific plans) shall include provisions for siting fixed-base facilities in dedicated, reserved locations that are identified with assistance from the utility service provider. A. Industrial Zones. Page 585 of 882 Page 33 B. Areas within specific plans or master plans specifically identified for utility facility and infrastructure uses. C. Sites zoned with a form-based zone, provided the facility is not located at the intersection of two major streets. D. Within a residential area. (Code 1980, § 17.98.030; Ord. No. 855, § 4, 2012) 17.98.040 Development requirements for fixed-base structure and facilities. A. Communication substations. Communication substations shall be entirely located within an enclosed building, the design of which shall be consistent with the standards of the underlying zone, the intent being to integrate the design of the facility into the area in which it is located. B. Electrical substations. 1. Overhead electrical transmission lines of 100,000 volts or greater capacity shall be installed in such a manner as to minimize adverse visual impacts. When feasible, the utility shall relocate and combine existing overhead transmission poles and lines with new installations. 2. Substations shall be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all property lines. C. Potable water storage facility. Potable water storage facilities shall observe all development standards of the underlying zone. Additionally, such facilities shall be screened consistent with the provisions of section 17.48 (Fences, Walls, and Screening). D. Treatment plant. Treatment plants shall observe all development standards of the underlying zone, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of 200 feet from a residential zone or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum 25-foot-wide landscape area and trees planted 30 feet on center. Landscaping for treatment plants located in wildland-urban interface fire areas shall comply with the vegetation management requirements of the Rancho Cucamonga Fire District. (Code 1980, § 17.98.040; Ord. No. 855, § 4, 2012) Chapter 17.100 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) 17.100.010 Purpose. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in the city. These units meet the city's general plan housing policies related to: encouraging the development of a variety of housing options; encouraging the development of housing that serves the unique needs of elderly and disabled households; encouraging the rehabilitation of deteriorating units, providing housing stock accessible to lower and moderate-income households; and to meet the city’s share of regional housing needs. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units on lots zoned to allow single-family or multi-family use and including a proposed or existing single-family dwelling in a manner that is consistent with the requirements of state law. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) 17.100.020 Applicability. Page 586 of 882 Page 34 A. The provisions of this chapter apply to all lots that are zoned to allow single-family or multi-family use. Accessory dwelling units shall be deemed to be an accessory single-family residential use, which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) 17.100.030 Approval required. A. Except for applications submitted pursuant to Section 17.100.040, an application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. B. The application shall be approved or denied within 60 days after the city receives the application, or in accordance with the deadline required by Government Code Section 65852.2, as that section may be amended from time to time. C. Notwithstanding any other provision of this code to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing. D. Where an application for an accessory dwelling unit or JADU is submitted with an application for a single-family dwelling or multi-family dwelling that is subject to discretionary review under this code, the accessory dwelling unit or JADU application will be considered separately without discretionary review or a public hearing, following the action on the portion of the project that is subject to discretionary review. E. An application for an accessory dwelling unit or JADU shall be authorized by every owner of the property that is the subject of the application. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020). 17.100.040 Exempt Projects – Building permit approval process A. An applicant shall not be required to submit an application for plan check/ zoning clearance under this chapter, and may instead seek building permit approval for an accessory dwelling unit or JADU that satisfies the requirements of both the California Building Standards Code, as amended by the city, and Government Code Section 65852.2(e)(1), as the same may be amended from time to time, which requires the city to ministerially approve a building permit within a residential or mixed-use zone to create any of the following: 1. One accessory dwelling unit or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or JADU is within the proposed space of a single-family dwelling or existing space of either an existing single-family dwelling or existing accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. b. The space has exterior access from the proposed or existing single-family dwelling. c. The JADU contains an interior entry to the primary dwelling’s main living area, independent of the exterior entrances of the JADU and primary dwelling. d. The side and rear setbacks are sufficient for fire and safety. Page 587 of 882 Page 35 e. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection D below. 2. One detached, new construction accessory dwelling unit for a lot with a proposed or existing single-family dwelling, all of the following apply. The accessory dwelling unit may be combined with a JADU described in subsection (A)(1). a. The accessory dwelling unit shall be no more than eight hundred (800) square feet in size. b. The accessory dwelling unit shall not exceed a height limit of 16 feet unless it is located within a half-mile of a major transit stop or high-quality transit corridor in which the ADU shall not exceed a height limit of 18 feet, or 20 feet only if necessary to match the roof pitch of the primary structure. c. The accessory dwelling unit shall be setback a minimum of four feet from side and rear lot lines. 3. One accessory dwelling unit within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple accessory dwelling units shall be allowed, up to the number of accessory dwelling units that equals 25% of the existing multifamily dwelling units in the structure. 4. Not more than two detached accessory dwelling units located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks. B. A proposed accessory dwelling unit or JADU approved pursuant to this section shall comply with Section 17.100.080 of this chapter. C. Conversion of the following structures shall not be approved pursuant to this section but may be approved pursuant to the full requirements of this chapter: Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. D. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern: 1. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling, including attached garages or other enclosed uses within the residence. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU shall have an interior entry to the primary dwelling’s main living area, independent of the exterior entrances of the JADU and primary dwelling. Page 588 of 882 Page 36 5. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling in which case the JADU shall have an interior door to allow access to the facilities in the single-family dwelling. 6. A JADU shall include an efficiency kitchen which shall include all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 7. No additional parking is required for a JADU. (Ord. No. 966 § 3, 2020) 17.100.050 Accessory dwelling units development standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one accessory dwelling unit shall be allowed on a single lot. B. Code compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the city unless specifically exempted in this chapter. C. Existing lot and uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain at least one existing permanent dwelling unit or the application for the accessory dwelling unit shall be made concurrently with an application for at least one dwelling unit on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant’s quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; 3. The zoning regulations for the lot allow for the development of a single-family dwelling or multi- family use. D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. F. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size. The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.050-1: TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Page 589 of 882 Page 37 Accessory Dwelling Unit Type Minimum Size Maximum Size1 Height2 Attached 220 sq. ft. 50% of main dwelling unit or 1,200 sq. ft., whichever is less Cannot exceed the height of the primary structure or 16 feet, whichever is higher Detached 350 sq. ft. 1,200 sq. ft. 16 feet3,4 1 Maximum size for ADU does not include optional accessory structures (i.e., garage). 2 An ADU constructed above a garage shall not exceed the height limits of the underlying zone. 3 The ADU shall not exceed 18 feet in height, or 20 feet to match the roof pitch of the primary structure, when located within a half-mile of a major transit stop or high-quality transit corridor. 4 The ADU shall not exceed 18 feet in height when located on a lot with an existing or proposed multi-story multi-family dwelling. H. Lot coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zone in which it is located, except where the application of the lot coverage regulations would not permit construction of an 800 square foot accessory dwelling unit that is 16 feet in height with four-foot side and rear yard setbacks. I. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Accessory dwelling units shall maintain at least a four-foot setback from the side and rear lot lines. 2. Accessory dwelling units shall maintain the front yard setback standard of the underlying zone, unless the front yard setback standard would not permit construction of an 800 square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks. 3. Notwithstanding the above, no setback shall be required for an accessory dwelling unit that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. J. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Newly constructed, detached accessory dwelling units shall provide a minimum of one parking space, unless they are exempt pursuant to subsection (J)(5) herein. The parking space may be provided as tandem parking, in an enclosed garage, or in setback areas. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of 10 feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, Page 590 of 882 Page 38 replacement of parking spaces that are eliminated by the construction of the accessory dwelling unit shall not be required as long as the accessory dwelling unit remains in use as a legal accessory dwelling unit. 5. Notwithstanding subsection (J)(1), on-site parking is not required for an accessory dwelling unit in any of the following instances: a. The accessory dwelling unit is located within a one-half mile walking distance of public transit, as that term is defined in Government Code Section 65852.2, as may be amended from time to time; b. The accessory dwelling unit is located within a historic district; c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or e. Where there is a car share station located within one block of the accessory dwelling unit. 6. When an ADU is included in an application to create a new single-family or multi-family dwelling on the same lot, the ADU shall not be subject to parking requirements as long as the ADU remains in use as a legal ADU. (Ord. No. 938 § 4, 2018; Ord. No. 964 § 12, 2019; Ord. No. 966 § 3, 2020) 17.100.060 Design standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. Permitted driveways and walkways shall occupy no more than 50% of the front yard area, in compliance with Section 17.56.070. E. When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the materials, textures, trim, and landscaping of the main dwelling unit. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) 17.100.070 Historic buildings. An accessory dwelling unit proposed for a property under a Mills Act contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) 17.100.080 Ownership, rental, and occupancy requirements. Page 591 of 882 Page 39 A. Owner occupancy required for junior accessory dwelling units. If the property contains a JADU, one of the residential dwellings on the lot shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the JADU exists, unless state law is amended to prohibit owner occupancy requirements for JADUs. B. Rental occupancy. Any residential unit on a lot with an accessory dwelling unit or JADU must be rented for a period exceeding 30 consecutive days. C. Sale of accessory dwelling units. Sale or ownership of an accessory dwelling unit or JADU separate from the main dwelling unit is prohibited. D. Deed restrictions. Prior to final inspection for an accessory dwelling unit or JADU, the property owner shall execute and record in the office of the county recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the planning department and city attorney’s office: 1. The accessory dwelling unit or JADU shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership, except as otherwise required by law; 2. If the property contains a JADU, the JADU shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the JADU, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; 3. Any rental of an accessory dwelling unit or JADU shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) 17.100.090 Existing nonconforming units. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of October 19, 2018, that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the planning director determines that the unit meets the provisions of this section. (Ord. No. 938 § 4, 2018; Ord. No. 966 § 3, 2020) Chapter 17.102 SPECIAL REGULATED USES 17.102.010 Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for check cashing businesses, pawnshops, smoke shops, tattoo parlors, thrift stores, crematoriums, and massage establishments. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards and imposing other special development standards. (Code 1980, § 17.102.010; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013) Page 592 of 882 Page 40 17.102.020 Check cashing businesses. A. Applicability. The development standards of this section shall apply to all new check cashing business in the city. B. Location. All new check cashing businesses shall be located consistent with the following standards: 1. Located a minimum of 1,000 feet from another check cashing establishment. 2. Located a minimum of 500 feet from all of the following uses: a. Public school, community center, or library; b. Alcoholic beverage sales, excluding restaurants and grocery stores/supermarkets. C. Development standards. In addition to the development standards of the underlying zone, the following special standards apply to all new check cashing businesses: 1. Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of section 17.58 (Outdoor Lighting Standards). 2. Days and hours of operation. Operation of check cashing establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m. 3. Site maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent). (Code 1980, § 17.102.020; Ord. No. 855, § 4, 2012) 17.102.030 Pawnshops. A. Applicability. The development standards of this section shall apply to all new pawnshops in the city. B. Location. New pawnshops shall not be located closer than 1,000 feet from an existing pawnshop and no closer than 250 feet from a public school, park, community center, or library. C. Hours of operation. The hours of operation of pawnshops shall be limited to between 8:00 a.m. and 9:00 p.m. daily. (Code 1980, § 17.102.030; Ord. No. 855, § 4, 2012) 17.102.040 Smoke shops. A. Applicability. The development standards of this section shall apply to all new smoke shops in the city. B. Location. Smoke shops shall not be located closer than 1,000 feet from another smoke shop and no closer than 250 feet from a public school, park, community center, or library. (Code 1980, § 17.102.040; Ord. No. 855, § 4, 2012) 17.102.050 Tattoo shops. A. Applicability. The development standards of this section shall apply to all new tattoo shops in the city. B. Location. Tattoo shops shall not be located closer than 1,000 feet from another tattoo shop and no closer than 500 feet from a public school, park, community center, or library. (Code 1980, § 17.102.050; Ord. No. 855, § 4, 2012) Page 593 of 882 Page 41 17.102.060 Thrift stores. A. Applicability. The development standards of this section shall apply to all new thrift stores in the city. B. Location. Thrift stores shall not be located closer than 1,000 feet from another thrift store. C. Development standards. All new thrift stores shall observe all development standards of the underlying zone, except that they shall also comply with the following additional standards: 1. Enclosed activities. All activities shall be completely enclosed within the building for the use. 2. Collection/receiving area. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed. 3. Site maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). (Code 1980, § 17.102.060; Ord. No. 855, § 4, 2012) 17.102.070 Crematoriums. A. Applicability. The development standards of this section shall apply to all crematoriums in the city. B. Location. All crematoriums shall be located consistent with the following standards: 1. Located east of Interstate 15 and south of Arrow Route. 2. Located a minimum of 1,000 feet from public schools, community centers or libraries, and any residentially zoned property. (Code 1980, § 17.102.070; Ord. No. 855, § 4, 2012) Chapter 17.104 TEMPORARY USES 17.104.010 Purpose. The purpose of this chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety, and general welfare of the community is maintained. (Code 1980, § 17.104.010; Ord. No. 855, § 4, 2012; Ord. No. 961, § 3, 2019) 17.104.020 Permit requirements and exemptions. Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section 17.16.070 (Temporary Use Permit). A. Temporary use permit required. The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use and subject to the requirements within this chapter. 1. Festivals and other special events. This use class consists of the temporary operation of a commercial event for entertainment, including: Page 594 of 882 Page 42 a. Carnivals, circuses, rodeos, fairs, and festivals. b. Haunted houses. c. Concerts and live outdoor entertainment. d. Certified farmers’ markets, as defined in chapter 17.140(Universal Definitions). e. Swap meets, flea markets, art, cultural, and educational exhibits and displays. f. Parades, assemblies, fundraisers, and parties. g. Outdoor sporting events, marathons, mobile, and non-stationary activities. h. Other similar events designed to attract large crowds, and which are held on private or public property. 2. Seasonal sales. This use class consists of seasonal operation of a sales activity (e.g., Halloween, Christmas) on nonresidential properties, including: a. Seasonal sale of agricultural products raised on premises. b. Christmas tree, pumpkin, and other holiday-themed product sales lots. c. Other similar seasonal sales activities designed to attract large crowds, and which are held on private or public property. 3. Uses related to a business. This use class consists of any event, promotion, or sale sponsored by a business or organization that is held outside the confines of the building on private or public property, including: a. Parking lot, sidewalk, or other outdoor promotional sale of merchandise. b. Temporary or mobile food vehicle (e.g., food trucks, grocery trucks). c. Temporary entertainment events. 4. Temporary uses concurrent with a construction project or change of use on-site. This use class consists of uses that are required for the duration of a construction project, including: a. Temporary office modules (for tenant operations). b. Temporary construction yards, storage, and staging areas (off-site). c. Temporary sales office (on-site and off-site). d. Temporary living quarters on active construction sites. 5. Master temporary use permits for events occurring on more than one occasion. 6. Other temporary activities that the planning director determines are similar in nature and intensity to those identified above. B. Temporary uses exempt from permit requirements. The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform applicable development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit. 1. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo). 2. Car washes of a temporary nature (e.g., school fundraisers). Page 595 of 882 Page 43 3. Construction yards, storage sheds, and construction offices (on-site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project. 4. Emergency public health and safety facilities established by a public agency. 5. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility. 6. Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use). 7. Events held exclusively on city property (city hall, city facilities, parks, etc.), not including events held exclusively in the public right-of-way (street, sidewalk, parkway, etc.), e.g., marathons. 8. Events held exclusively on school grounds, and which are in conjunction with a public school use. 9. Garage and yard sales held on private property and when occurring no more than four days per calendar year. 10. Nonincorporated children’s stands, such as a lemonade stand. 11. Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt. 12. Private weddings, parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to, for example, parking, noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include block parties involving a temporary street or lane closure provided a street closure permit has been issued by the city engineer. 13. Storage containers and dumpsters not associated with an approved construction project when: a. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. b. Located on nonresidential property for any length of time and provided they are screened from public view. 14. Temporary land uses in a zone that allows that land use by right on a permanent basis. (Code 1980, § 17.104.020; Ord. No. 855, § 4, 2012; Ord. No. 961, § 3, 2019) 17.104.030 General development standards for temporary uses. Standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities occurring on it. The following requirements shall also apply to all temporary activities: 1. Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities. Page 596 of 882 Page 44 2. Sales or distribution of food items to the general public are subject to San Bernardino County Department of Public Health review and approvals. 3. Sales or distribution of alcohol to the general public are subject to Department of Alcoholic Beverage Control (ABC) review and approvals. 4. Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director. 5. All participating vendors shall obtain a City of Rancho Cucamonga business license. 6. Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on-site. (Code 1980, § 17.104.030; Ord. No. 855, § 4, 2012; Ord. No. 961, § 3, 2019) 17.104.040 Development standards for specific temporary uses. The following standards shall apply to the specific temporary uses described below: A. Festivals and other special events. 1. Carnivals, circuses, rodeos, fairs, and festivals. a. All such uses shall be limited to not more than 15 days, or more than three consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum setback of 100 feet from any residential use as measured from the property line. This requirement may be waived by the planning director if no adverse impacts, including, but not limited to, noise, traffic, odor, glare, and/or trash would result. c. Restroom and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event will not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 2. Haunted houses. a. The operator shall obtain all necessary construction and use permits from the city and fire district prior to commencing the construction of a haunted house facility and shall obtain an operating permit from the fire district prior to commencing operations or opening to the public. b. Haunted houses located in residential zones shall be limited to the day of Halloween (October 31st) and the Saturday night during the week preceding Halloween. All haunted house activities shall cease after 10:00 p.m. c. Haunted houses located in residential zones shall not impose fees, collect donations, or require any incentives as condition for entry into the haunted house. Sale of merchandise, food or drinks is prohibited during the operation of a haunted house. Page 597 of 882 Page 45 d. Commercial haunted houses shall provide restroom and trash facilities during the operational hours of the event. e. Commercial haunted houses shall provide a security plan to ensure the event will not present a hazard to attendees and residents in proximity to the event. f. Noise attenuation shall be provided to the satisfaction of the planning director. 3. Concerts and live outdoor entertainment. a. All such uses shall be limited to not more than five days, or more than two consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum distance from any residential area. This requirement will be determined by the planning director on a site-by-site basis. c. Restroom and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 4. Certified farmers’ markets. a. Such use is allowed in the High Density Residential (H) zone and all form-based zones. Such use may be permitted in residential zones if owned by a government agency or nonprofit entity. b. Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a minor development review as prescribed in section 17.06.020 (Rules of Interpretation). c. All activities shall have a minimum setback of 100 feet from any residential area. This requirement may be waived by the planning director if in his or her opinion no adverse impact would result. d. Seventy-five percent of the total farmers market sales area must be for the sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.), or flowers and value-added farm products such as baked goods, jams, and jellies. The sale of ancillary products may occur but may not exceed 25 percent of the total sales area. e. Farmers’ markets shall be certified and comply with the requirement of chapter 10.5, Direct Marketing Requirements, of Division 17 of the Food and Agriculture Code. f. All farmers’ markets shall have a market manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. g. Farmers’ market managers shall obtain and have on site all operating and health permits during hours of operation. h. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the planning director. Page 598 of 882 Page 46 i. Farmers markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes. 5. Swap meets, flea markets, art, cultural, and educational exhibits and displays. a. All such uses shall not exceed 30 days of operation or exhibition per calendar year. Swap meets may be allowed additional days of operation at the discretion of the planning director. b. The hours of operations for a swap meet and/or flea market shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. c. The operator of a swap meet and/or flea market shall post the local regulations relative to swap meets in a conspicuous place on the premises where the swap meet is conducted. d. The owner or operator of the swap meet and/or flea market shall maintain a record of all sellers at the swap meet on each date the swap meet was open for business and shall provide the list on record for inspection upon demand by the city business license officer. e. The sale of automobiles or automobile parts is prohibited. 6. Parades, assemblies, fundraisers, and parties. a. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards). b. All proceeds derived from a fundraiser event from the sales of any food, drinks or merchandise shall be for the benefit of a government, nonprofit organization, or individual. c. Parades and assemblies, over 75 people, are specific event types subject to the city’s standards for such uses established in chapter 8.44. 7. Outdoor sporting events, marathons, mobile, and nonstationary activities. a. Restroom and trash facilities shall be made available during the operational hours of the event. b. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. B. Seasonal sales. 1. Seasonal sale of agricultural products raised on premises. a. Sales are limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the planning director. b. Sales of nonagricultural and/or noncottage food products are prohibited. Sales of cottage food shall comply with all applicable licensing and permitting requirements per the San Bernardino County Department of Public Health. c. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress. All parking spaces shall be consistent with the city’s parking standards in chapter 17.64. Page 599 of 882 Page 47 d. The hours of operations shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. 2. Christmas tree, pumpkin, and other holiday-themed product sales lots. a. All such uses shall be limited to 30 days of operation per calendar year. b. All lighting shall be directed away from and shielded from adjacent residential areas. c. All activities not involving the sale of holiday-related products are subject to review by the planning director. In the event where the nature of the holiday-related product is contested, the planning director shall have the final determination. C. Uses related to a business. 1. Parking lot, sidewalk, or other outdoor promotional sale of merchandise. a. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, in connection with current on-site businesses. b. Each sale is limited to a maximum of 19 days per calendar year, unless authorized by a conditional use permit. c. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within 30 days of another sale. d. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. e. Safe vehicle ingress and egress shall be provided at all times. f. Adequate parking shall be provided and maintained during the course of the activity for both the business of the applicant and all other businesses on the same lot or parcel or within the same shopping center. 2. Temporary entertainment events. a. All temporary entertainments events shall be limited to a maximum of three contiguous calendar days per year, and such events shall be limited to a total of 12 days per calendar year, on the same property. b. The applicant for each entertainment event must obtain the written authorization of the property owner where the event is being held. c. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards). d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits. f. Entertainment uses as defined in section 17.20.020(C) (Entertainment Permit, Exceptions) shall also be exempt from the requirements of this section. 3. Temporary office modules. Page 600 of 882 Page 48 a. A temporary office module may be approved for a limited time period not exceeding six months. Extensions may be granted at the discretion of the planning director. Temporary office modules submitted in conjunction with a master plan for development of permanent buildings may initially be approved for a longer period at the discretion of the planning director. b. All temporary office modules shall be removed upon completion of the construction permit for which this use has been approved, or the expiration of the time for which the approval has been granted. c. The design of the office modules shall have a look of permanence. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. d. The approval of temporary office modules may require necessary street improvements, grading, drainage facilities, and landscaping. e. Temporary office modules shall comply with all applicable fire and building codes. f. A statement from the owner of the property indicating that the temporary office module shall be removed at the end of the designated period shall be provided. The statement shall include an acknowledgement that failure to remove the office module or failure to apply for an extension by the expiration date will result in a halt to further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. 4. Temporary construction yards, storage and staging areas (off-site). a. All construction yards, staging areas, and storage shall be maintained in conjunction with construction activities. All equipment and storage shall be removed upon final inspection approval or occupancy for which a permanent use has been approved, or the expiration of the time for which the approval has been granted. b. Failure to remove all construction yards, staging areas, and storage by the expiration date will result in a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. 5. Temporary sales office. a. Sales offices may be located inside a dwelling unit of a new subdivision or within a trailer, modular or similar temporary structure located within a recently recorded tract. If the sales office is not located within the subdivision, the sales office shall be located in a model home or other permanent structures. b. Approval shall be for a two-year period, at which time the sales office use shall be terminated, and the dwelling unit restored back to its original condition. If the sales office is in a trailer, the trailer shall be removed. Extensions may be granted at the discretion of the planning director. c. A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure the restoration or removal of the structure. d. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, Page 601 of 882 Page 49 a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure. e. The hours of operation of an off-site sales office shall be limited to between the hours of 10:00 a.m. to 6:00 p.m. f. All model home lots shall be fully landscaped including, but not limited to, a permanent, underground irrigation system, specimen size trees, and the use of shrubbery, ground cover, and lawn in combination to produce a pleasing and aesthetic environment compatible with the surrounding established neighborhood. g. The individual elements of the model homes sales office (e.g., lighting, signing, fencing, hours of operation) should be designed in a collective, coordinated manner to ensure a safe, secure, and aesthetic environment, sensitive to and compatible with the surrounding development. h. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the planning director for security. i. Flags, pennants, or other on-site advertising shall be regulated pursuant to the sign regulations. A sign permit application shall be submitted for review by the planning department prior to installation. j. Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the planning director prior to commencement of sales activities or the display of model homes. All temporary parking spaces shall be off-street. k. On-street parking may be permitted subject to the following conditions: i. The model homes, sales office, and on-street parking shall be secured with a decorative fence and gate across the street that is kept locked during non-operating business hours. ii. The sales office, models, and on-street parking spaces has been coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street. l. An area for overflow parking shall be provided off-street to the satisfaction of the planning director. Said parking area shall be located adjacent to the model home sales office, outside secured area, appropriately signed, and provided with a drive approach constructed to city standards. m. Temporary landscaping, including minimum 36-inch box trees, shall be provided within the on-street parking area (cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area. 6. Temporary living quarters on active construction sites. a. The planning director may approve a temporary living quarters for security personnel or temporary residence of the subject property owner in conjunction with a development project. b. Installation of a temporary living quarter may occur only after a valid building permit has been issued. Page 602 of 882 Page 50 c. Temporary living quarters shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included). d. The temporary living quarter must meet all requirements and regulations of the San Bernardino County Department of Public Health and the city building and safety department. e. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, trailers shall be removed from the site. f. A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure removal of the structure temporary living quarter. g. Failure to terminate the temporary living quarter or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit and enforcement action to ensure removal of the temporary living quarter. D. Master temporary use permits. 1. Individual events requiring a temporary use permit and occurring multiple times in a calendar year may be authorized to combine all permits under a master temporary use permit. 2. All events are subject to specific requirements associated with their event class as established in this section. 3. The master temporary use permit shall be active for a 12-month period from the date of permit issuance. 4. A plan specifying the specific days and times in which the activity will take place shall be submitted with the application. Additional permits may be required for activities falling outside of the times specified. 5. Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where the operating characteristics are in question, the planning director shall have the final determination. (Code 1980, § 17.104.040; Ord. No. 855, § 4, 2012; Ord. No. 860 § 4, 2013; Ord. No. 867, 2014; Ord. No. 879, § 4, 2015; Ord. No. 961, § 3, 2019) Chapter 17.106 WIRELESS TELECOMMUNICATION FACILITIES 17.106.010 Purpose and intent. The purpose of this chapter is to establish site planning and development standards for wireless communication facilities. It is the city’s intent, in establishing these standards, to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law. (Ord. No. 929 § 4, 2018) 17.106.030 Permit requirements and exceptions. A. Minor wireless communication facilities shall require minor design review. Page 603 of 882 Page 51 B. Major wireless communication facilities shall require a conditional use permit. C. Minor or major wireless communication facilities located within the public right-of-way shall also require a construction permit pursuant to Chapter 12.03. D. Wireless communication facilities on city property, except for the public right-of-way, are exempt from permit requirements. E. Removal of wireless communication facilities is exempt from permit requirements. F. Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits, but may be subject to other building permits. G. Notwithstanding any other provision of this chapter, the collocation of a new wireless communication facility on an existing major wireless communication facility that: (1) was approved after January 1, 2007, by discretionary permit; (2) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by this title and the city-adopted building code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility. H. The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in subsection G may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility. 1. The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following: a. More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility. b. Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the planning director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter. 2. Except as otherwise provided above, a minor use permit or minor design review shall be required when the proposed collocation facility: a. Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or b. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or Page 604 of 882 Page 52 c. Collocates on an existing legally permitted wireless communication facility that was approved on or prior to January 1, 2007; or d. Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the planning director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility. (Ord. No. 929 § 4, 2018) I. In the event that State or Federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a discretionary use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Director rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the Director shall be imposed and administered as reasonable time, place and manner rules. J. A collocation or siting application for a wireless telecommunications facility will be deemed approved if the city fails to approve the application in a reasonable time (60 days for modifications and 150 days for all other telecommunications applications), the applicant provided all required public notices, and the applicant provided notice to the city that the reasonable time period lapsed. K. For Eligible Facilities Requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station. 17.106.030 Application requirements. Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city, with a deposit paid up front by the applicant regardless of the outcome of the application. (Ord. No. 929 § 4, 2018) 17.106.040 Development criteria. A. Screening and site selection guidelines. The following screening and site selection guidelines apply to all wireless communication facilities: 1. Stealth facilities and concealed antennas are preferred. 2. Wireless communication facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the planning director, or as otherwise required herein. 3. Ground-mounted wireless communication facilities shall be located only in close proximity to existing aboveground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, Page 605 of 882 Page 53 trees of comparable heights, and in areas where they will not detract from the appearance of the city. 4. Wireless communication facilities shall be located in the following order of preference: a. Collocated with existing wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On an existing signal, power, light, or similar kinds of poles. d. In industrial zones. e. In commercial zones. f. In residential zones, subject to additional restrictions set forth herein. 5. Major wireless communication facilities are not permitted to locate within 300 feet of any residential structure, within any residential zone, or within 300 feet of any existing, legally established major wireless communication facility except as follows: a. When located on any existing nonresidential building or structure or on any existing utility pole provided such location complies with all of the following: i. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and ii. Existing major wireless communication facility to be utilized for collocation shall previously be granted with a conditional use permit or a minor development review approval, including modification of an existing conditional use permit or minor development review; and iii. All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the planning director; and iv. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation. b. The proposed facility will replace or modify an existing facility for purposes of collocation. c. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows: i. A more preferable location, as determined by reference to subsection (A)(4) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility, including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant’s reasonable control. d. For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility. Page 606 of 882 Page 54 B. Development requirements. 1. As part of the application process, each wireless communication facility applicant may, at the discretion of the planning director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the site selection guidelines (order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites. 2. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. 3. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located aboveground or will be located within the public right-of-way, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communication facilities shall be of subdued colors and non-reflective materials which blend with surrounding materials and colors. 5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. 6. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communication facility. The applicant shall provide documentation satisfactory to the planning director establishing compliance with this subsection. 7. Wireless communications facilities, including on-site generators, shall be designed to comply with the city’s noise ordinance, found at Section 17.66.050 and all other applicable noise regulations. C. In addition to the development criteria set forth in subsections A and B, the following criteria shall apply to all wireless communication facilities located within the public right-of-way and installed after June 16, 2018: 1. Wireless communication facilities may be located on street lights or utility poles, but may not be placed on historic or decorative street lights, traffic signal poles, or intersection safety lights. 2. The applicant shall submit engineering calculations, sealed by a registered professional engineer licensed in California, to ensure that the existing street light or utility pole and its footing are adequate to support the new loads. If the existing infrastructure is not adequate to support the new loads, the applicant may propose to replace the existing infrastructure with adequate, city- approved, new infrastructure at the applicant’s expense. 3. All cabling and wiring must be contained in conduit, affixed directly to the face of the pole, for as long as it is technically feasible. Exposed slack or extra cable is prohibited. 4. Electrical meters are prohibited. The applicant is responsible for the cost of all electrical usage associated with the wireless communication facility. Page 607 of 882 Page 55 5. If installation of the wireless communication facility is within an area governed by the Rancho Cucamonga Fiber Master Plan, the city engineer may forward the engineering plans to the Rancho Cucamonga Municipal Utility for review and a requirement that the applicant coordinate with the Rancho Cucamonga Municipal Utility may be added to the construction permit to facilitate joint trenching opportunities. 6. Installation and operation of the wireless communications facility shall not damage or interfere in any way with city property or facilities or existing, third-party installations. (Ord. No. 929 § 4, 2018) 17.106.050 Performance standards. No wireless communication facility shall interfere with any public safety radio communications system, including, but not limited to, the 800 MHz trunking system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference. (Ord. No. 929 § 4, 2018) 17.106.060 Removal and restoration—Permit expiration or revocation. A. Upon the expiration date of the minor design review, conditional use permit, and/or construction permit, including any extensions, earlier termination or revocation of the permit, the operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The wireless communications facility shall be removed from the property within 30 days, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration. B. Failure of the operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit of the facility, shall be a violation of this code, and be grounds for: 1. Prosecution; 2. Calling of any bond or other assurance required by conditions of approval; 3. Removal of the facilities by the city in accordance with established procedures for abatement of a public nuisance at the owner’s expense; and/or 4. Any other lawful remedies. C. In the event the director of engineering services determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the director of engineering services may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property. Page 608 of 882 Page 56 D. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. The operator shall have no claim if the city destroys any such facility not timely removed by the operator after notice or removed by the city due to exigent circumstances. (Ord. No. 929 § 4, 2018) 17.106.070 Abandonment. A. A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days, unless the wireless communication facility is otherwise permitted to remain in the public right-of-way by agreement with the city. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator’s business address on file with the city. The operator shall remove all facilities within 30 days of the date of such notice unless, within ten business days of the date of said notice, the operator appeals such determination, in writing, to the planning commission. The planning director shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final. C. Any wireless communication facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. (Ord. No. 929 § 4, 2018) 17.106.080 Deployment of temporary facilities. A temporary wireless communication facility may be deployed subject to approval by the planning director and the following: A. A permanent wireless communication facility has been approved for the property in question. B. The temporary facility was approved as part of the conditional use permit or minor development review. C. The facility is deployed for no more than six months, provided that two extensions may be granted by the planning director; however, the total period shall not exceed one year. (Ord. No. 929 § 4, 2018) 17.106.090 Agreement for facilities located on city-owned property. No approval granted under this chapter for locating facilities on city-owned property, including city- owned utility poles, shall be effective until the applicant and the city have executed a written agreement Page 609 of 882 Page 57 establishing the particular terms and provisions under which the right to occupy city-owned property shall be used or maintained. The terms of any such agreement shall be supplemental to the requirements of this chapter. (Ord. No. 929 § 4, 2018) Chapter 17.108 TELEVISION SATELLITE DISH AND ANTENNA REGULATIONS 17.108.010 Purpose. The purpose of this chapter is to establish site planning and development standards for television, satellite dish and radio antennas to minimize visual impacts resulting from, and reducing safety hazards associated with, the size, height, and placement of such antennas. The standards set forth herein are designed to balance the city’s concern for public safety and aesthetic interests, with each person’s right to transmit or receive radio and/or television signals without imposing unreasonable limitations on antennas or preventing the transmission or reception of radio and/or television signals. (Code 1980, § 17.108.010; Ord. No. 855, § 4, 2012) 17.108.020 Applicability. A. Antennas less than 20 square feet in surface area may be mounted in the rear or side yard, or on the roof of any structure. If the rear or side yard prove unsatisfactory, then they may be mounted in the front yard of any residence with approval of a site development review entitlement by the planning director subject to the related provisions within this chapter can be met. B. Antennas 20 square feet or greater in surface area shall be installed in the rear yard except in the event that the overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation. Approval of site development review entitlement by the planning director shall be obtained authorizing the antenna to be located in a side yard, on the roof of a structure, or in the front yard, subject to provisions within this chapter. (Code 1980, § 17.108.020; Ord. No. 855, § 4, 2012) 17.108.030 Screening required. A. Each antenna visible to the public which has a surface area exceeding 20 square feet or greater, or which is permitted by this chapter to be mounted in the front yard, shall be screened to the satisfaction of the planning director, unless otherwise screened from public view by existing structures, landscaping, or topographical features. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees, or shrubbery or a combination of such plants, trees, shrubbery, and wood lattice or other material compatible with the residence or other adjacent structures. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of ten gallons at the time of planting. All such screening shall be sufficiently high so as to screen at least 90 percent or more of the antenna from public view. B. Each antenna with a surface area 20 square feet or greater, which is permitted by this chapter to be roof mounted, shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the planning director. Such screening shall be sufficiently high so as to screen at least 90 percent of the antenna from public view. Page 610 of 882 Page 58 C. This screening requirement shall not apply to satellite dish antennas, two meters or less in diameter in commercial or industrial zones, or one meter or less in diameter in any other zone. (Code 1980, § 17.108.030; Ord. No. 855, § 4, 2012) 17.108.040 Antenna installations. A. The preferred order of placement of any antenna is rear yard first, then side yard, roof, and finally front yard. Notwithstanding the foregoing, the preferred location shall be that location which results in the greatest screening of the antenna from public view by existing landscaping, structural, and/or topographical features. B. No antenna shall exceed ten feet in height above the peak roof line of the structure upon which such antenna is mounted or the height of the peak roof line of the closest building or residential structure if such antenna is not to be roof mounted. C. No antenna shall be installed in any required setback, within five feet of any property line, or in any other location, which would impede emergency access to any portion of the subject property. D. No satellite dish antenna shall exceed ten feet six inches in diameter. E. Each satellite dish antenna exceeding five feet in diameter shall be earth-tone or neutral in color and shall be constructed of a “see-through” mesh or open grid design. Solid surface receive-only satellite dish antennas, such as solid, white fiberglass designs, are prohibited. F. Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws, and regulations pertaining to the installation of antennas and/or antenna support structures. G. No more than two receive-only antennas 20 square feet or greater in surface area may be installed per residential lot or parcel. (Code 1980, § 17.108.040; Ord. No. 855, § 4, 2012) 17.108.050 Antenna placement in nonresidential zones. Except as otherwise provided in this chapter, all provisions herein, including, but not limited to, permit and screening requirements, shall be fully applicable to placement of antennas in nonresidential zones. The preferred order of placement shall be rear setback areas first, then side setback areas, roof, and finally front setback areas. (Code 1980, § 17.108.050; Ord. No. 855, § 4, 2012) Chapter 17.110 Emergency shelters All emergency shelters shall meet the following locational and operational standards. 1. A shelter shall not be located within 300 feet of another emergency shelter. 2. The number of beds shall not exceed more than one per 130 square feet of gross floor area. 3. Off-street parking shall be based on demonstrated need, but shelters shall not be required to provide more than one parking space per 200 square feet of gross floor area. 4. A shelter shall provide an interior waiting and intake area which contains a minimum of 200 square feet and an exterior on-site waiting area of no less than 200 square feet. 5. A shelter shall have 24-hour per day/seven days a week on-site management. Page 611 of 882 Page 59 6. The maximum length of stay of any person shall be six months. 7. Appropriate exterior lighting shall be provided. The exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and with brightness or glare controlled to be compatible with the neighborhood. 8. A shelter shall provide security guards during the hours a shelter is open. Chapter 17.111 Vehicle Services Uses All existing vehicle services uses in the CE1-SC subzone are permitted to remain in operation. Any new proposed vehicle service use in the CE1-SC subzone is prohibited. Page 612 of 882 Page 60 Rancho Cucamonga, California Municipal Code Title 17 DEVELOPMENT CODE ARTICLE VII. DESIGN STANDARDS AND GUIDELINES Chapter 17.118 PURPOSE AND APPLICABILITY 17.118.010 Purpose. 17.118.020 Applicability. Chapter 17.120 GENERAL DESIGN PROVISIONS 17.120.010 Purpose and applicability. 17.120.020 Site design. 17.120.030 Building design. Chapter 17.122 DESIGN PROVISIONS BY DEVELOPMENT TYPE 17.122.010 Purpose and applicability. 17.122.020 Hillside development. 17.122.030 Commercial, office, and industrial development. 17.122.040 Signs. Chapter 17.123 MULTI-FAMILY AND RESIDENTIAL MIXED-USE 17.123.010 Purpose and applicability. 17.123.020 Pedestrian-oriented site design. 17.123.030 Facade design. 17.123.040 Roof design. 17.123.050 Doors and windows. 17.123.060 Required open space. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 1/53 Page 613 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 2/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 17.123.070 Residential unit design. 17.123.080 Additions and remodels. Chapter 17.124 DESIGN PROVISIONS FOR PUBLIC ART 17.124.010 Purpose. 17.124.020 Public art required. 17.124.030 Donated art work. 17.124.040 Public art design standards. 17.124.050 Submittals. 17.124.060 Applications to donate art work to the city. 17.124.070 Ownership and maintenance of art work placed on private property. Chapter 17.118 PURPOSE AND APPLICABILITY 17.118.010 Purpose. The purpose of these design standards and guidelines is to assist developers and designers in understanding and complying with the city’s standards for building and site design. The standards and guidelines are based upon community design goals as expressed in the general plan to encourage the orderly and harmonious appearance of structures and property along with associated facilities, such as signs, landscaping, parking areas, and streets. They establish a high standard for design quality but are flexible enough to allow individual expression and imaginative solutions. (Ord. No. 1000 § 4, 2022) 17.118.020 Applicability. The provisions of this article may be required based on the zoning of a property or the use of a property unless otherwise specified in this article. Any addition, remodeling, relocation, or construction requiring a building permit within any zone is subject to the design standards and guidelines of this article. In addition, projects may be subject to site development review (section 17.16.100), minor design review (section 17.16.130), or major design review (section 17.20.040). The following types of design provisions apply: A. Standards. These provisions are requirements for the project with limited flexibility. B. Guidelines. The project should address the design guidelines, but some flexibility is permitted in how they are achieved. (Ord. No. 1000 § 4, 2022) Page 614 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 3/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES Chapter 17.120 GENERAL DESIGN PROVISIONS 17.120.010 Purpose and applicability. The purpose of this chapter is to provide general design standards for all development as applicable according to section 17.118.020 (Applicability). The standards are organized under two major categories: site plan design and building design. In general, the standards prioritize the relationship of a structure to other structures, uses, views, existing site conditions, and pedestrian orientation, and emphasize consistency in architectural design across a building and a site. This chapter does not include guidelines. (Ord. No. 1000 § 4, 2022) 17.120.020 Site design. A. Grading. Proper grading techniques that are sensitive to natural conditions must be utilized for reasons of public safety, maintenance, aesthetics, and environmental protection. 1. To minimize impacts on existing terrain, the maximum amount of cut (excavation) shall not exceed five feet below the natural grade and the amount of fill shall not exceed three feet above the natural grade. 2. Grade land and landscape in increments of no more than five feet to avoid exposing vast expanses of bared earth at any given time in order to minimize soil erosion. 3. Split pads, built-up foundations, stepped footings, or stem walls shall be used for buildings on lots with an average slope that exceeds eight percent. 4. All graded slopes must be either rounded off or contoured. 5. Driveways. a. The slope of a driveway shall not exceed 15 percent at any point along the length or width of the driveway (except as permitted within the Hillside Overlay Zone). b. The slope of a driveway within 18 feet in front (the side with the garage door) of any garage shall not exceed five percent. B. Building Orientation. Buildings shall be placed in a manner compatible with existing and planned uses and buildings. 1. For sites with more than two primary buildings, buildings must be sited to create plazas or common open space. 2. Building orientation shall provide shelter from seasonal high winds. Page 615 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 4/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES C. Access and Circulation. Site design must provide safe and efficient paths of travel for vehicles and pedestrians and reduce conflicts between pedestrian and vehicles. 1. Vehicular access. a. On all new development sites within the Wildland-Urban Interface Area, two means of ingress and egress are required. b. Access for both required means of egress shall connect with existing access points (driveways, intersections, or median openings) wherever possible. c. Shared access with adjoining properties shall be provided where feasible. d. All points of access shall be designed in conformance with the applicable city engineering services department and fire district standards and policies. 2. Pedestrian access. a. Pedestrian walkways shall be provided between the primary entries of all buildings and the public sidewalk, on-site pathways/paseos, greenway, or other shared open space. b. Pedestrian walkways shall be direct (straight) as physically/technically possible. c. Pedestrian walkways shall be paved in a manner that is continuous materially and visually distinct from areas for vehicular circulation. d. Pedestrian walkways shall be delineated with landscaping. e. Pedestrian walkways shall include human-scaled, low intensity level lighting that is continuously illuminated between sunset and sunrise. Such lighting may be mounted on poles/posts, embedded in low walls, or in the pavement or ground. When mounted on a vertical structure (pole, post, or wall), the light source shall not be more than three feet above the walkway surface. f. Pedestrian walkways must connect the on-site open spaces with public sidewalks and building entrances. g. For sites with more than two primary buildings, common open spaces, plazas, or courts must be accessible from all corners. FIGURE 17.120.020-1 ACCESSIBILITY OF OPEN SPACES Page 616 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 5/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 3. Greenways. a. On-site greenways that link private common areas with public areas such as rights-of-way and multi-purpose trails are required for residential projects and for projects of three acres or more. b. Required greenways shall: i. Provide a continuous connection across the project site. ii. Have a minimum average width of 20 feet but at no point be less than ten feet in width. iii. Have no solid walls or fencing for a minimum of 50 percent of its length. When adjacent to residential properties within a subdivision, gates shall be provided in any wall/fence that separates a lot within the subdivision to allow direct access to the greenway. iv. Provide for equestrian (local feeder trail) use in the Equestrian Overlay Zone. v. Connect to existing or planned greenways located on adjacent properties with no walls/fences or gates inhibiting access between the subject property and adjacent properties. Page 617 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 6/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES vi. Be recorded as an easement on common property that is privately maintained. 4. Multi-purpose trails. a. All trails (“regional,” “community,” and “local feeder” as defined in the trails implementation plan) must be constructed according to the city’s technical standards related to, for example, surface material, fencing, access gates, drainage, and landscaping. b. Where existing traditional bicycling, pedestrian, equestrian travel routes, and routes to schools exist through a property, trails must preserve the traditional paths where possible. c. All new developments are to be designed in accordance with the Trails Implementation Plan and adopted trail standards as defined in that document. d. Within the Equestrian Overlay Zone, trail connections must be provided through recorded easements in order to connect disconnected (or incomplete) trails segments to the overall trails network and for needed access to recreation facilities/activities. e. Local feeder trails must be provided adjacent, and parallel to the rear (or side) property line of residential lots for equestrian access and related equestrian service (e.g. hay delivery and animal care) access for all residential development within the Equestrian Overlay Zone. f. At least one means of public access to the trails network and one internal loop trail system of local feeder trails must be provided in all residential development within the Equestrian Overlay Zone. g. Corral Areas. i. A corral area with a minimum area of 576 square feet shall be provided in the rear yard of all residential lots in all new residential development within the Equestrian Overlay Zone. ii. This corral area may be rectilinear (24 feet by 24 feet or 12 feet by 48 feet) or circular (27 feet in diameter). iii. This corral area shall be graded flat/level. It is not necessary to provide any physical improvements for the corral area such as fences, posts, etc. iv. Grade access from the corral area to the trail with a maximum slope of five to one (5:1) and a minimum width of ten feet. v. Corral areas must be placed adjacent to the local feeder trail that serves the lot. vi. Lots shall include a gate at the rear or side perimeter from the rear yard to the local feeder trail for use and trail maintenance purposes. D. Parking. The following standards supplement the standards of chapter 17.64 (Parking and Loading Standards). Page 618 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 7/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 1. Frontage. The combined frontage of access driveways and parking in the form of surface parking or freestanding garages/carports may occupy: a. A maximum of 40 percent of the frontage of any lot up to 100 feet in width. b. A maximum of 30 percent of the frontage of any lot more than 100 feet in width. FIGURE 17.120.020-2 MAXIMUM PARKING FRONTAGE 2. Parking access. a. A maximum of two driveway aprons for one-way traffic and one driveway apron for two- way traffic may be permitted per street frontage per lot. Lots greater with 400 feet of street frontage or greater may have one additional driveway apron per street frontage. b. Entrances to parking facilities along a block frontage shall be separated by a minimum of 40 feet, excluding access to parking plazas. c. Where possible, driveway aprons serving adjacent parking facilities shall be shared. d. Access to parking for corner parcels shall not be provided from the front of the lot. e. Driveways shall not exceed 16 feet in width through public parkway frontages. Where providing access to fire lane, the drive aisle shall widen to a minimum of 26 feet. f. Access to parking shall be a minimum of 50 feet from the intersection of the front and street-facing side property lines. 3. Parking in single-family residential development. A minimum 50 percent of all the dwelling units within a single-family residential development project shall comply with at least one of the following requirements: a. The garage is detached, and located 20 feet behind, the main dwelling unit. b. The face (“wall” plane) of the garage door is parallel to the side or rear property line of the lot. Page 619 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 8/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES c. The face (“wall” plane) of the garage door of an attached garage is a minimum of ten feet behind the longest wall plane (measured horizontally) of the main dwelling unit that faces the street / public right-of-way. 4. Freestanding residential garages/carports. a. Drive aisles may not exceed 150 feet in length when garages/carports are aligned; 200 feet when garages/carports are staggered or offset. b. Freestanding garage/carport structures may house up to eight cars side-by-side. c. Each car space within a multiple-space garage or carport structure shall be separated with a solid wall/partition in accordance with the Building Code except where two or more spaces are designated to serve a single dwelling unit. d. For single garage units, the inside dimension shall be a minimum of ten feet by 20 feet. e. All drive aisles shall incorporate the design and technical requirements of the fire district such as minimum aisle width, “hammerhead” turnarounds, fire lane markings, and curbing. f. Garage/carport structures shall have materials, finishes, trim, and colors that match the corresponding elements of the primary building of a multi-family residential development or the main dwelling unit of a single-family residential development. g. Vertical support elements of carport structures shall have a minimum horizontal dimension of six inches. 5. Tuck-under parking. All tuck-under parking shall be in individually secured garages with garage doors. 6. Structured parking. a. Any portion of structured parking levels facing the right-of-way must be screened from view by at least one of the following features: i. Regular “punched” openings designed to resemble windows of habitable space; ii. Trellis or living wall with vertical landscaping; or iii. Custom textured or decorative screening. b. Controlled one-way vehicle ingress/egress for parking facilities (gates, doors, etc.) may not exceed 12 feet in width. Controlled two-way vehicle ingress/egress for parking facilities (gates, doors, etc.) may not exceed 24 feet in width. Exceptions to these maximum width requirements are those deemed necessary for public safety access. c. Parking for residential units shall be separated from parking for nonresidential uses through a controlled fence, gate or other barrier, provided that such controls do not inhibit pedestrian access between these parking areas. Page 620 of 882 https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 9/53 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 7. Tandem. a. Tandem parking may be used to satisfy the required off-street parking requirement. b. Tandem parking that requires backing out onto a public street is prohibited. 8. Bicycle parking. a. Short-term bicycle parking. Short-term bicycle parking shall be located within 30 feet of a primary building entrance and shall be visible from the primary building entrance. b. Long-term bicycle parking. Long-term bicycle parking must be located on the same lot or property as the use it serves in a parking facility; a dedicated room or building; an enclosed bicycle locker; or a fenced, covered, and locked bicycle storage area. E. Paving. 1. Hardscape materials. On-site hardscape material shall be permeable or pervious and light in color with a high solar reflective index. 2. Paving within setback area. Plazas or outdoor seating areas located within street-facing setbacks or private frontage areas must be separated or visually distinguished from the sidewalk by landscaping, raised planters, special paving or similar features. Paving within required setback areas shall be different from that of the adjacent public sidewalk. F. Landscaping. The following standards supplement the standards of chapter 17.56 (Landscaping Standards). 1. Minimum dimension. The minimum dimension of any required landscape area is 30 inches. 2. Existing features. a. Natural features, such as trees and vegetation over ten feet in height, rock outcroppings, and water sources must be maintained and incorporated into the site design. b. Existing, mature trees where the drip-line is outside of the proposed building footprint must be preserved unless it can be demonstrated that other development standards cannot be met. 3. Plant selection. Plants must be selected to reinforce community identity, create a pleasant and livable environment, control erosion, provide protection from wind and hot summer sun, and tie new development into the surrounding context. a. Landscape species must be native, low-water usage, and low maintenance. b. Landscaping must be fire-resistant. In high fire hazard areas, plant material must conform to the fire district’s vegetation management codes and standards. Page 621 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES c. In the wildland-urban interface fire area, plants, trees, shrubs, and ground covers shall consist of species and spacing in accordance with the fire district’s applicable codes and standards. d. Landscaping must be placed according to sunlight needs. e. Plant size at maturity must be considered when planting near property lines, buildings, site features, streets and sidewalks. f. Where a nonresidential development abuts residential property, landscaping in the nonresidential side yard must not exceed the height of the residential structure. g. Trees on southern and western exposures must be deciduous. 4. Prohibited. The following may not count toward required landscaping: a. Plant species that are listed by California Invasive Plan Council (Cal-IPC) as invasive. b. Flammable mulch. 5. On-site drainage. On-site drainage shall be provided using natural drainage channels, bioretention areas, or other landscape areas that filter surface water run-off. 6. Landscape accents. a. Required landscaped areas within the front setback shall include at least one of the following: i. Specimen trees. ii. Flowering trees or plantings. iii. Decorative rockscape features. iv. Accent pavement or pavers. b. Landscape features are required at all primary building entries. G. Walls and fences. The following standards supplement the standards of chapter 17.48 (Fences, Walls and Screening). 1. For corner side yards of lots in a new residential development, walls/fences shall have a minimum setback of five feet from the interior edge of the sidewalk pavement (or in the absence of a sidewalk, the street side property line). 2. On corner side yards of lots in an existing residential development, any new wall/fence where there is not an existing wall/fence must have a minimum setback of five feet from the interior edge of the sidewalk pavement (or in the absence of a sidewalk, the street side property line). https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 10/53 Page 622 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 3. On corner side yards of lots in an existing residential development, any new wall/fence where there is an existing wall/fence may be constructed at the setback of the existing wall/fence. 4. New fences in the Wildland-Urban Interface Fire Area shall of non-combustible materials. 5. Retaining walls. a. All retaining walls must be constructed in a stepped or terraced fashion with the maximum height for any single wall no more than four feet, unless physical limitations on the site or structural engineering conditions do not make terracing feasible. If the change in grade is greater than four feet, a series of retaining walls, interspersed by planting areas in a stepped or terraced fashion shall be constructed to minimize its visual prominence and avoid a monolithic appearance. The minimum separation between terraced retaining walls shall be three feet (measured between the nearest vertical surfaces of the walls). b. Retaining walls visible from the public right-of-way are to be constructed of decorative concrete blocks or have a decorative finish. c. Retaining walls shall provide visual interest through the use of form, texture, detailing and planting. When a retaining wall contains an entry stairway to the residence, the design of the wall shall include features that emphasize the entryway. 6. Perimeter fences and walls. Walls enclosing the perimeter of a residential development shall be constructed of decorative CMU such as split-face or fluted block, or CMU with a decorative finish such as stucco or stackstone. H. Refuse and recycling areas. 1. Location. Common refuse (trash), green recycling, and general recycling containers/bins and structures used for the purpose of enclosing such containers/bins shall not be located: a. Within any required street-facing setback; b. In any required parking or landscaped areas; or c. In any other area required to remain unencumbered, according to fire and other applicable building and public safety codes. 2. Container/bin materials. Containers/bins used for the collection and storage of refuse and recyclable materials shall be: a. Constructed of a durable waterproof and rustproof material; b. Covered when the site is not attended; c. Secured from unauthorized entry or removal of material; and d. Of a capacity sufficient to accommodate materials collected between collection schedules. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 11/53 Page 623 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 3. Visibility. Common refuse (trash), green recycling, and general recycling containers/bins shall be screened by enclosures such that no containers/bins are visible from the public right-of-way. a. Enclosure materials may include landscaping, fences or walls. b. Constructed enclosures must be durable, waterproof and rustproof. 4. Clear zone. The area in front of and surrounding all enclosure types shall be kept clear of obstructions and accessible. 5. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system. I. Fire Safety. Areas designated as high fire hazard areas must provide vegetation management and landscaping in accordance with the fire district’s codes and standards. (Ord. No. 1000 § 4, 2022) 17.120.030 Building design. A. Architectural integrity and unified palette. A single recognizable design theme is required for each building. No particular style of architecture is required; however, individual structures must exhibit a consistent and unified palette of textures, materials, and colors. Subtle variations that provide visual interest but do not create abrupt changes in the overall design of the immediate area allowed. 1. Architectural design elements, including roofline articulation, windows, architectural details, materials, and colors, must be applied consistently across all building facades to create a total continuity of design. The design of residential structures, detached garages, and other accessory buildings must reflect a distinctly rural theme, including the use of open fencing, lack of uniformity in siting, predominance of single-story structures, and the building materials consistent with those of the primary structure. B. Building entrances. 1. Changes in roof-form, building massing, and/or architectural articulation must be incorporated to identify the entry location. This may include towers, spirals, domes, color, trellises, fountains, public art, plazas, and/or changes in massing. 2. Weather protection must be provided over each building entrance. C. Blank walls. 1. Wall segments that are devoid of any articulation, fenestration, or embellishment may not exceed 18 feet in length. 2. Blank walls at ground level must be enhanced with architectural details, landscaping, climbing vines, and/or landscaped trellises or lattices. D. Materials and color. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 12/53 Page 624 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 1. Primary building materials. Primary building materials for principal and accessory buildings are limited to: a. Stucco (minimum two-coat; synthetic stucco is not permitted). b. River rock, stackstone, brick, stone. Any of these materials may be native or manufactured. c. Brick. d. Siding. May be wood, composite wood, or cement fiberboard. e. Exterior insulation and finish system (EIFS). 2. Secondary building materials. Secondary building materials for principal and accessory buildings are limited to: a. Stucco (minimum two coat stucco; synthetic stucco is not permitted) siding. i. Siding must be wood, composite wood, vinyl, or cement fiberboard. ii. Wood siding must be painted or stained. b. River rock, stackstone, brick, or manufactured stone (building base only). c. Tile (for bulkheads below display windows and decorative accents only). d. Metal (matte finish or Corten). e. Concrete masonry units consisting of decorative concrete blocks or concrete blocks with a decorative finish. i. One the building base only. ii. Basic/plain (precision) concrete masonry units are not permitted. f. Smooth finished concrete (building base only, board-form only, cast concrete not permitted). 3. Wildland-Urban Interface Fire Area. In the Wildland-Urban Interface Fire Area, all materials must be those approved by the Building Code and Residential Code for construction in the high fire hazard areas. 4. Accent/detail materials. Building materials for detail and ornament may include, but are not limited to, metal (e.g. wrought iron, bronze, copper, aluminum, and tin), fiberglass, tile, terra cotta, fieldstone, and plaster. 5. Change in material. Change in building material may occur only at the inside corner of a change in wall plane. Material must wrap around outside corners. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 13/53 Page 625 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 6. Porches, balconies, decks, and exterior stairs. Porches, balconies, decks, and exterior stairs must be stucco or wood. Railings must be wood or steel. 7. Durability of materials. a. Exterior finish materials shall have an expected lifespan of no less than 30 years. b. Exterior timber shall be protected from decay by stain and sealant. c. Exterior ferrous metals shall be protected from corrosion either through the use of galvanized, stainless, or weathering steel. 8. Roofing materials. a. Permitted roofing materials for primary and accessory buildings are limited to tile roofing material made of clay, ceramic, concrete, slate, metal, composite materials such as fiber-glass, or cool roof membranes. Composition shingle shall only be used on additions or replacements to existing buildings with roofing of the same material and must meet 30-year durability standards. b. When such circumstances allow the use of composition shingles, the roof materials shall be of architectural dimension style to create a shadow. c. Detached accessory structures with roof cover such as patio covers, cabanas, etc., with a floor area of less than 120 square feet in area and/or are not subject to public view from streets or from adjacent land uses may use other roof materials as approved by the planning director. d. Accessory structures for equestrian or agricultural uses such as barns for keeping of horses or storing of agricultural equipment may include other roof materials (e.g., metal) as approved by the planning director. E. Equipment screening. 1. Visibility of roof-mounted equipment. Building parapets or other architectural elements shall screen roof-mounted equipment from visibility as seen from the centerline of the nearest right-of- way at a point six feet above the finished surface. Screening shall be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. 2. Height of roof-mounted equipment. Roof mounted equipment greater than 12 inches above the roof line, except for roof exhaust vents, plumbing vents, and solar panels, should be screened from being visible as seen from the centerline of the nearest right-of -way at a point six feet above the finished surface. 3. Solar equipment. Rooftop solar panels shall have a low-profile, flush-mounted design, with a maximum of six inch gap between the solar panel and the roof material. If solar panels are mounted on a flat roof and cannot be parallel to the roof surface, the entire underside of any solar panels visible from a public street shall be screened with a mesh or wood lattice screening painted to match the color of the solar array frame. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 14/53 Page 626 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 4. Location of ground-mounted equipment. Mechanical and electrical equipment is not allowed in street-facing setbacks unless screened with a solid wall or fence. 5. Visibility of ground-mounted equipment. Site- and ground-mounted mechanical or electrical equipment shall be screened using plant materials, fencing, or walls from public right-of-way. Conduits shall not be exposed on exterior walls and shall be embedded either in walls or landscaping. 6. Screening height. All screen devices shall be as high as the highest point of the equipment being screened. 7. Drain-waste-vent-system. Supply, exhaust and venting plumbing, conduits, and flues shall be concealed within the walls of a building. F. Sustainability. 1. Residential buildings must be oriented along a north-south axis where possible to maximize passing heating and cooling. 2. All new construction shall incorporate landscaping and fenestration to passively cool the building, energy-efficient HVAC systems, and energy efficient lighting. 3. All energy generation devices must blend in with the building color. 4. All on-site landscaping shall be drought-resistant and require minimal irrigation. 5. All appliances, HVAC systems, and lighting shall be electric and energy-efficient. (Ord. No. 1000 § 4, 2022) Chapter 17.122 DESIGN PROVISIONS BY DEVELOPMENT TYPE 17.122.010 Purpose and applicability. The purpose of this chapter is to provide design standards that are unique for specific development types provided in this chapter, as applicable according to section 17.118.020 (Applicability). The development types addressed in this chapter include single-family residential development; hillside development; commercial, office, and industrial development; and signs. The design standards and guidelines contained in this section supplement the standards in chapter 17.120 (General Design Provisions). A. Single-family home designs. The placement of houses in single-family residential subdivisions is an important element in creating a functional and quality living environment. Single-family residential development should promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing tracts characterized by repetitious street scenes of nearly identical two-story houses built at the minimum setback lines are not desirable. Generally, it requires a combination of design concept solutions to achieve the goal of creating varied, interesting, and attractive streetscapes. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 15/53 Page 627 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 1. Standards. a. At least 25 percent (of all single-family detached units in any new single-family residential development in a Residential Development Zone consisting of four or more units) shall be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of this Development Code and when justified by such considerations as location, lot size, and topography. b. Vary front yard setbacks by at least five feet so that no house has the same front yard setback as a house, plotted on an immediately adjacent lot on either side of it, with primary frontage on the same street. c. Vary garage treatments such as detached and semi-detached, side and rear entries, etc. d. On flag lots, use 12-foot width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. e. Taper three- or four-car garage driveways down to a standard two-car width at street. f. Vary floor plans and elevations as shown in Table 17.122.010-1 (Single-Family Variations Required). TABLE 17.122.010-1 SINGLE-FAMILY VARIATIONS REQUIRED Number of Dwellings Required Floor Plans (minimum) (1)(3) Elevations (minimum per required floor plan) (2)(3) 5-10 32 2 11-20 42 3 21-40 53 3 41-60 63 4 61-80 74 4 81-100 85 4 Over 100 8 5 + 1 (for each 40 additional) 4 Table notes: The following may be counted as additional floor plans: (1) Reverse footprints:A minimum 30% reverse footprints are required. Reverse footprints shall not be counted as a required floor plan. • Alternate orientation of 90 degrees or greater. • Alternate garage orientation (e.g., side entry or detached). https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 16/53 Page 628 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES (2) Reverse footprints and alternate color schemes shall not count as additional elevations. Variations in the following design elements, which create a significant difference in streetscape appearance, shall count as additional elevations: • Plans with different architectural styles. • Plans with changes in massing and scale. • Plans with roof ridges running in different directions. • Plans with significant changes in roof pitch appropriate to the style. • (3) The Design Committee may consider alternate mixes of floor plans and elevations that achieve the goal of providing variety in the street scene of new subdivisions. 2. Guidelines. a. Avoid excessive repetition of single-family homes with near identical floor plans and elevations. Clustering houses around common space, zero lot line, reverse plotting, angling house to the street, and side entry garages may be permitted if they provide streetscape variety and visual interest, particularly in the Low Medium Zone. b. Use two-car garages with bonus room on some floor plans or offset the third car space to avoid garages which dominate the streetscape. One-story massing is preferred on corner side yards. c. Avoid identical or similar elevation schemes plotted on adjacent lots or across the street from one another. d. Avoid identical color schemes plotted on adjacent lots. e. Vary lot size and lot width in order to provide designers with opportunities to include significant variations in house orientation that balance livable open space with mass. For example, a wider lot creates opportunity for greater separation between homes and accommodates side entry garages. f. Design house size and mass in proportion to the lot size and lot dimensions. Houses that project a two-story volume straight up at the minimum setbacks on small lots are inappropriate. g. Provide greater variation in front yard setback on larger lots (e.g., two acres or larger). h. Vary garage treatments such as detached and semi-detached, side and rear entries, etc. i. Pair garages to create larger front yards, allow greater separation between driveways, and create variety along the streetscape. B. Subdivision design. The following standards and guidelines apply: 1. Standards. a. Provide two means of ingress and egress. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 17/53 Formatted Formatted: Indent: Left: 0.99", No bullets or numbering, Tab stops: Not at 0.42" Formatted: Font: 10.5 pt Formatted: Not Expanded by / Condensed by Page 629 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES b. Spacing for right-of-way widths, street sections, street radii, and intersections shall conform to the street design policy available from the engineering department. c. Corner lots are to be wider than interior lots. d. If the proposed subdivision is bordered or surrounded by undeveloped land, prepare a conceptual subdivision master plan for those properties to demonstrate how circulation routes could be plotted, e.g. for vehicles, pedestrians, and emergency access, and how storm water drainage infrastructure could be provided. e. Provide four-way intersections (not offset “T” type intersections) on collector or larger streets. f. The maximum length for cul-de-sacs is 300 feet for single-family and multi-family developments. g. f. Intersections, including knuckles, shall be perpendicular (radial on curves). h. g. Align intersections with existing streets or provide adequate spacing between intersections. i. For private, gated entrances provide adequate turnaround space in front of the gate and a separate visitor lane with a call box to avoid cars stacking into the right-of-way. 2. Guidelines. a. Physically integrate and align the design of lots and streets with one another to create connected neighborhoods. b. Physically integrate and align the design of new development with existing or potential adjacent development relative to street design and lot pattern. c. Avoid double-frontage lots on interior streets. (Ord. No. 1000 § 4, 2022) 17.122.020 Hillside development. These Hillside Design Standards and Guidelines are intended to facilitate the appropriate development of hillside areas and apply within the Hillside Overlay Zone and Hillside Residential Zone. A. Site design. 1. Standards. a. To the extent possible, the width of a building, measured in the direction of the slope, shall be minimized in order to limit the amount of cutting and filling and to better “fit” the house to the natural terrain. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 18/53 Page 630 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES b. In steeper terrain (20 percent slope and greater), front yard setbacks may be reduced to a minimum of 20 feet from back of curb or back of sidewalk, whichever is more restrictive, in order to minimize rear yard grading. 2. Guidelines. a. Design of building sites should be sensitive to the natural terrain and structures located in such a way as to minimize necessary grading and to preserve natural features (such as prominent knolls or ridgelines) to the maximum extent possible. FIGURE 17.122.020-1 MINIMIZE UNNECESSARY GRADING B. Views. Minimize impact to views of significant visual features as seen from both within and outside a hillside development. When designing lots and plotting homes, the following standards and guidelines apply: 1. Standards. a. Any significant public vista or view corridor as seen from a secondary collector or major arterial shall be maintained. FIGURE 17.122.020-2 RETAIN INTEGRITY OF NATURAL SLOPE https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 19/53 Page 631 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 2. Guidelines. a. Houses should be oriented to provide the opportunity, if available, for views to residents of the house (although such views may be limited). b. Residential development projects should incorporate site plotting solutions such as clustering houses in a “compact” location; variable setbacks between houses; multiple orientations of the plotting of the houses; and other site planning techniques to preserve open spaces on the project site, protect natural features on the project site, and provide the opportunity, if available, for views to residents of the new development (although such views may be limited). c. Privacy within the rear yards of new and existing residential development should be considered when planning the plotting of a house on a lot; the location and size of windows when designing floor plans; and the location and size of balconies, decks, etc. when designing exterior elevations. However, this guideline should not altogether restrict specific building placements, windows, and/or exterior features. FIGURE 17.122.020-3 PRESERVE OPEN SPACE WITH CLUSTERING https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 20/53 Page 632 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES d. Whenever possible, as based on the overall parcel configuration and orientation, homes should be designed to front onto east-west streets or should be plotted to follow the natural contours rather than fronting onto north-south streets. e. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure. f. Clustering of development through density transfer should be encouraged in environmentally sensitive areas in order to reduce the potential for fire hazard and spread, erosion, and excess runoff and to preserve existing natural features and open space. FIGURE 17.122.020-4 PLACE MANUFACTURED SLOPES BEHIND BUILDINGS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 21/53 Page 633 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES C. Roadways and driveways. 1. Standards. a. Conform roadways to the natural landform. The physical and visual character of a hillside should not be altered by creating large notches in ridgelines or by defining wide straight alignments. Reduced road sections, split sections, and parking bays should be considered in the layout of hillside streets to reduce grading. FIGURE 17.122.020-5 GANG DRIVEWAYS TO REDUCE GRADING https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 22/53 Page 634 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES b. Where road construction is permitted in hillside areas, disruption to the natural landform and existing vegetation shall be minimized to the maximum extent possible. Regrading to approximate the profile of the natural slope conditions is preferred; retaining walls are discouraged and, if necessary, shall be screened with landscape materials. The view along a street front should create a pleasant appearance with a sense of open space and landscaping. Some techniques include the following: i. Utilize landform planting in order to create a natural appearance and provide a sense of privacy. ii. Reduce the impact of grading and resulting retaining walls by creating visual interest with the combined use of terraced or crib walls, landscaping, and variations in the texture and pattern of sidewalks and wall materials. iii. Where adjacent to a steep hillside, minimal grading for the road and right-of-way, with a transition to a natural landscape, can be utilized to provide an open and more rural appearance. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 23/53 Page 635 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES iv. A split roadway increases the amount and appearance of landscaping, and the median can be used to handle drainage. v. Where retaining walls are proven to be absolutely necessary adjacent to roadways or within street setbacks, they shall be limited to three feet in height and screened with landscape materials to create an aesthetically pleasing streetscape. Otherwise, terraced or stepped structures shall be utilized which are separated by a minimum of three feet and screened with appropriate landscape materials. c. Driveways that serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance. FIGURE 17.122.020-6 VARY ROADWAY CROSS-SECTIONS BASED ON SLOPE https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 24/53 Page 636 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES d. Driveway grades above 15 percent may be permitted up to a maximum of 20 percent, provided they are aligned with the natural contours of the land, if determined necessary to achieve site design, and if all safety considerations have been met to the satisfaction of building and fire officials. Proper design considerations shall be employed, including such items as vertical curves and parking landings. In any case, parking landings shall be utilized on all drives over ten percent grade. e. Driveways shall not be permitted that exceed 20 percent slope except that one length, not at the point of access, of not more than ten feet may have a slope of 22 percent. f. On driveways with a slope of 20 percent or greater, a coarse paving material or grooves for traction must be incorporated into the construction. These driveways shall not exceed 100 feet in length from the bottom of the approach to the structure. FIGURE 17.122.020-7 PRESERVE EXISTING LANDFORMS IN ROADWAY DESIGNS g. Retaining walls, not to exceed four feet in height, are permitted for soil stabilization adjacent to a driveway. Retaining walls shall be screened with appropriate landscape materials when grading is unavoidable. Otherwise, terraced retaining walls shall be utilized which are separated by a minimum of three feet and appropriate landscape materials. h. Adjacent to driveways, slopes no greater than 50 percent (ratio of 2:1) will be permitted. i. Driveways shall enter public/private streets maintaining adequate line of sight. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 25/53 Page 637 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES j. At the point where driveways intersect the public right-of-way, the pavement of the driveway shall not be a minimum of five feet from any side property line. Exceptions may be considered based on lot size, percentage of slope, and use as a common (joint) driveway. FIGURE 17.122.020-8 LANDSCAPING OF RETAINING WALLS D. Architecture. The form, mass, and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. 1. Standards. a. Terrace the building to follow the slope. Where possible, use roofs on lower levels for the deck open spaces of upper levels. Where decks are provided, they shall be a minimum of six feet in width to provide adequate usable area and to effectively break up the mass. b. Use split pads, stepped footings, and grade separations to permit structure to step up the natural slope. Rooflines should terrace with the pad. FIGURE 17.122.020-9 FOUNDATION TYPES ON HILLSIDES https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 26/53 Page 638 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES c. Detach parts of a dwelling such as a garage. d. Avoid the use of gable ends on downhill elevations. The roof slope should be oriented in the same direction as the natural slope. FIGURE 17.122.020-10 AVOID GABLED ENDS ON DOWNHILL ELEVATIONS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 27/53 Page 639 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES FIGURE 17.122.020-11 AVOID LARGE ROOF OVERHANGS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 28/53 Page 640 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES FIGURE 17.122.020-12 CONFORM DESIGN OF STRUCTURE TO SLOPE https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 29/53 Page 641 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES e. The building envelope for all structures shall be as follows: i. Downhill lot. An overall maximum height of 30 feet is permitted, as measured from finished grade, from the required front setback extending toward the rear of the lot. The maximum height at the side setbacks shall be 15 feet extending up toward the center of the lot at a 45-degree angle to a maximum height of 30 feet as measured from finished grade. ii. Uphill lot. A maximum height of 15 feet is permitted at the required front setback and shall extend up and toward the rear of the lot at a 45-degree angle to a maximum overall height of 30 feet as measured from finished grade. A maximum height at the required side setbacks shall be 15 feet extending up toward the center of the lot at a 45-degree angle to a maximum height of 30 feet as measured from finished grade. iii. Cross-slope lots. A maximum overall height of 30 feet is permitted, as measured from finished grade, from the required front setback extending toward the rear of the lot. The maximum height at the required side setbacks shall be 15 feet extending up toward the center of the lot at a 45-degree angle to a maximum of 30 feet as measured from finished grade. f. Excavate underground or utilize below-grade rooms to reduce effective bulk and to provide energy-efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques. For example, the use of earth berms around the lower part of the house minimizes larger visual expanses of wall areas and functions as a natural solar heating and cooling insulator. g. Exterior structural supports and undersides of floors and decks not enclosed by walls will be approved only if it is proven that no alternative type of construction is feasible and that fire safety and aesthetic considerations have been adequately addressed. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 30/53 Page 642 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 2. Guidelines. a. The design of the structure shall give consideration to the lot’s size and configuration in order to avoid the appearance of overbuilding or crowding and to minimize the blocking of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback. b. Avoid large expanses of a single material on walls, roofs, or paving areas. Create interesting, small-scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors. c. Building materials and color schemes should blend with the natural landscape. Treated wood or materials of a wood-like appearance, having the necessary fire-retardant characteristics, are encouraged for exterior surfaces. Where exterior stucco is used, it should have a final coat of integrated color in a muted earth tone. Contrasting color accents should be kept to a minimum, particularly on the view side. Use of other natural materials, such as river rock, is encouraged. E. Walls and fences. 1. Guidelines. a. Walls and fences can be used to define a sense of place and create an attractive appearance. However, walls should not dominate a view, and their height should be limited adjacent to a street or trail or within a rear yard. Terracing and extensive landscaping can reduce the effective bulk. In addition, street-front walls should incorporate varying design and natural materials. The use of open-view fencing is encouraged, so long as adequate public safety and residential privacy are maintained. b. Fences will be allowed immediately adjacent to structures to provide a private outdoor area. These fences shall be designed as an integral part of the building in order to minimize the visual impact on surrounding areas. c. Walls and fences shall integrate materials and colors used in the structure’s facade. Naturally occurring materials, such as river rock, shall be used whenever possible. d. Walls and fencing visible from the public right-of -way shall be designed to incorporate visual interest through variation in placement, use of planters, differing materials, and modulation of the wall plane. F. Landscaping. 1. Standards. a. In wildland-urban interface fire areas, landscaping shall be in accordance with fire district codes and standards. FIGURE 17.122.020-13 FENCING ON HILLSIDES https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 31/53 Page 643 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES FIGURE 17.122.020-14 NATURAL LANDFORM PLANTING b. In order to protect slopes from soil erosion and slippage and to facilitate significant revegetation, a permanent irrigation system shall be installed on all slopes with required planting. However, the emphasis shall be toward using plant materials that will eventually not need to be irrigated. Water and energy conservation techniques shall be utilized, including, but not limited to, such items as drip irrigation and alluvial rockscape. c. Landscaping shall be used to screen views of downslope elevations. When the structure height exceeds 20 feet from finished grade on a downslope side, additional landscaping will be required. d. Slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where slopes are two to one (2:1) and five feet or greater in height, jute netting shall be used to help stabilize planting and minimize soil erosion. e. Native vegetation shall be retained and supplemented in canyons and along natural drainage courses. 2. Guidelines. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 32/53 Page 644 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES a. Natural landform planting should be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines, and provide erosion control. b. Maintain a “vegetative backdrop” by replanting with native trees. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline. FIGURE 17.122.020-15 VEGETATIVE BACKDROP c. In order to minimize the grading of large flat areas and encourage water conservation techniques, large expanses of low-growing grass in the front and side yards adjacent to a street are discouraged. d. Native or naturalized plants, or other plant species that blend naturally with the landscape, shall be utilized in all areas with required planting. G. Grading. 1. Standards. a. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes. FIGURE 17.122.020-16 GRADING TO MATCH NATURAL CONTOURS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 33/53 Page 645 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES FIGURE 17.122.020-17 AVOID STRAIGHT SLOPE BANKS b. Grading operations shall be planned to avoid the rainy season, October 15th to April 15th. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the planning director and building official, without regard to time of year. c. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment provided where slopes exceed 20 percent. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 34/53 Page 646 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES d. To encourage maintenance of slopes for erosion control and aesthetics, property lines shall be located two feet back from the top of slope. e. No point on any structure subject to the provisions of this section shall be closer to a visually prominent ridgeline than 150 feet measured horizontally on a topographic map or 50 feet measured vertically on a cross-section, whichever is more restrictive. f. Lot padding is limited to the boundaries of the structure’s foundation, a usable rear yard area (residential only) of 15 feet adjacent to and between the structure and top or toe of slope, and a 24-foot by 24-foot corral area. If it is physically unfeasible to design a reasonably usable yard area due to conflict with other grading standards, then other forms of usable open space should be considered, such as decks, patios, balconies, or other similar forms of built structures designed to fit the natural topography. g. No finished slopes greater than 50 percent (ratio of 2:1) may be created except beneath the enclosed envelope of a structure where the maximum created slope is limited to 67 percent (ratio of 1.5:1) or less. h. Slopes within city-maintained landscape easements shall not exceed a maximum grade of 3:1 or 33 1/3 percent. i. Fill or excavation shall not exceed a depth of five feet at any point except where the planning commission determines that unusual topography, soil conditions, previous grading, or other unusual circumstances indicate that such grading would be reasonable and necessary. FIGURE 17.122.020-18 CONFORM BUILDING PADS TO NATURAL CONTOURS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 35/53 Page 647 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES j. All retaining walls shall be screened with appropriate landscape materials. Retaining walls are limited to: i. One upslope (from the structure) not to exceed four feet in height. Otherwise, terraced retaining structures shall be utilized which are separated by a minimum of three feet and appropriate landscaping. ii. One downslope from the structure not to exceed four feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions (such as lot configuration, steep slope, or road design), the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three feet in height and shall be separated by a minimum of three feet and appropriate landscaping. Terracing is not to be used as a typical solution within a development. iii. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed three and one-half feet in height, may be used in a side yard where necessary. iv. Walls that are an integral part of the structure may exceed eight feet in height; however, their visual impact will be mitigated through contour grading and landscape techniques. v. On horse-keeping lots, additional retaining walls, not to exceed four feet in height, are allowed to provide a flat, usable corral area and access to trails. k. Cut or fill slopes shall not exceed eight feet in height at perimeters of the site or elsewhere without the use of walls, terracing, and other mitigating measures, such as contour grading or landscape buffering, and then only as approved by the planning commission after conclusive demonstration that such cut or fill heights will not adversely affect adjacent properties, views, landforms, or other significant considerations not specifically discussed here, and that they are absolutely required to accomplish land development under extreme or unusual circumstances and conditions. FIGURE 17.122.020-19 USE OF CRIB WALLS https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 36/53 Page 648 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES H. Drainage. 1. Standards. a. Drainage channels shall use an AC or concrete liner in addition to a naturalizing treatment. b. Debris basins and energy-dissipating devices shall be provided, where necessary, to reduce erosion when grading is undertaken in the hillside areas. Natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. c. Building permits and grading permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, including, but not limited to, such facilities as a drainage channel, public street or alley, or private drainage easement that is not adequately protected from off-site drainage. d. The use of cross-lot drainage shall be minimized. In situations where this is not possible using conventional design, optional techniques including, but not limited to, single loaded streets and reduced densities shall be considered. Extensive use of cross-lot drainage shall be subject to planning commission review and may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. e. Where cross-lot drainage is utilized, the following shall apply: https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 37/53 Page 649 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES i. Project interiors. One lot may drain across one other lot if an easement is provided within either an improved, open V-swale gutter which has a naturalized appearance or within a closed drainage pipe that shall be a minimum inches in diameter. In both cases, an integral wall shall be constructed. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association; otherwise, the drainage shall be conveyed to a public easement such as a public alley, paseo, or trail. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. ii. Project boundaries. On-site drainage shall be conveyed in an improved open V- swale gutter that has a naturalized appearance or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowners association, or conveyed in a public easement such as a public alley, paseo, or trail. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. 2. Guidelines. a. Where possible, drainage channels should be placed in less visible locations, and more importantly, should receive a naturalizing treatment including native rock, colored concrete, and landscaping so that the structure appears as an integral part of the environment. b. Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the area. I. Trails. 1. Guidelines. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking, and biking uses. They can also function as a means to take up grade or to convey drainage. a. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience may be achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas, such as undevelopable, steep slopes. (Ord. No. 1000 § 4, 2022) 17.122.030 Commercial, office, and industrial development. The majority of design standards and guidelines for commercial, office, and industrial development are provided in chapter 17.120 (General Design Provisions). This section contains only those provisions that are unique to commercial, office, and/or industrial development. A. Special site design provisions. 1. Standards. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 38/53 Page 650 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES a. Screen drive-through lanes from public view by orienting the building and a combination of landscaping, berming, and low screen walls. 2. Guidelines. a. For commercial projects, give special attention to creating pedestrian scale and an inviting place for pedestrians to shop. b. Site amenities, such as walls, hardscape, street furniture, trash enclosures, lighting, and monument signs, should be designed as part of the total architectural package for the project. c. Integrate signs into the architectural program. B. Parking areas. The following standards and guidelines apply: 1. Standards. a. Screen parking areas from public view with landscaping, low walls, grade differentials, and building orientation. b. For parking areas, include one tree for every three parking stalls for shade. 2. Guidelines. a. Distribute parking evenly throughout a site instead of concentrating all in one large parking lot. b. Consider the types of users desired and plan the project accordingly rather than trying to maximize building floor area. c. Parking areas should not be the dominant element in the overall design of a project and should be designed to minimize visual disruption. d. The design of parking areas should also minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well-designed lights, and landscaping throughout the parking lot. C. Pedestrian orientation. 1. Guidelines. a. Colonnades or loggias and other covered walkways or structures that provide shade to pedestrian spaces shall be utilized whenever possible. b. At street level, the use of building materials and building details that relate to human activity shall be required where appropriate. c. Convenient pedestrian circulation shall be provided throughout all projects to connect public streets, parking areas, and public transit facilities with buildings and pedestrian open spaces. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 39/53 Page 651 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES d. Open spaces shall be integrated with pedestrian walks and defined by landscaping and other elements to create a sense of place. e. Where possible, open spaces shall be accessible to the public. f. Street furniture. Benches, light standards, kiosks, trash receptacles, and other street furniture in on-site open spaces shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space. g. Pedestrian areas shall be highly visible and well lit. D. Special architectural provisions. 1. Standards. a. Paint roll-up doors and service doors to blend in with main building colors. b. The creative use of building materials is required. A minimum of two primary building materials shall be used. The recommended primary and secondary building materials are as follows: i. Primary building materials: concrete including form-lined and sandblasted concrete; textured/decorative block (CMU) including split-face and slumpstone block; and rock paneling including granite; marble; and slate, and glass/glazing as the dominant finish at office areas/pods/corners. Similar primary materials may be considered on a case-by- case basis. ii. Secondary building materials: glass/glazing accents, tile trim, polished metals including brass, copper, and aluminum; brick; distressed wood; painted metal elements; and painted accent stripes. Similar secondary materials may be considered on a case-by- case basis. c. The application/use of metal, e.g. prefabricated sheets/paneling for exterior walls, columns, exposed framing, roofing, and finishes (except as an accent material/trim) for all buildings within all industrial zones (Neo-Industrial, Industrial Employment, etc.) is prohibited. 2. Guidelines. a. For commercial projects, vary the roof through the use of vertical separations, vary the roof structure, or vary the parapet line or ridgeline. b. Provide interest and variation to storefront designs for shopping centers to complement the architectural style. Design elements to be considered include providing offsets or bays, strong base material, varying storefront treatment, multi-pane windows, and varying the bulkhead treatment. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 40/53 Page 652 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES c. For industrial buildings, design the office portion as the architectural focus with the appearance of an office building in terms of detail and amount of glass. (Ord. No. 1000 § 4, 2022) 17.122.040 Signs. Every building shall be designed with a precise concept for adequate signing. Provisions for sign placement and sign scale in relationship with building and readability shall be considered in developing the signing concept. While providing the most effective signing, it shall also be highly compatible with the building and site design relative to color, material, and placement. The city’s goal is to promote a quality visual environment by allowing signs that are compatible with their surroundings and effectively communicate their message. A. Combining signs and architecture. 1. Integrate signs into the architectural scheme. Indeed, the building itself can serve as a large and impressive sign. To achieve this effect, however, the individual signs on the facade should reinforce the character of the building, not obscure or detract from it. 2. Use signs as a means of business identification rather than as a form of advertising. 3. Simple messages, layout, and color scheme make signs easier to read. 4. Select colors and materials that complement the architecture, including monument signs. 5. Size of signs should be proportional to the scale of the building and their affixed surface. 6. Use wall sign placement to direct the customer to the business location. 7. Visually balance the sign area with the building mass and height rather than designing to the maximum standard. B. Signs for office and industrial development. 1. Consider the layout and shape of the architectural features of the building. Design elements such as window patterns (vertical and horizontal rectangles, arches, squares, etc.) will help determine the sign shape that will suit the building. 2. Use individual letters rather than canister-type signs. C. Uniform sign program. 1. Provide a uniform sign program for shopping centers and office or industrial complexes with multiple buildings to create a coordinated project theme of uniform design elements, such as color, lettering style, and placement. 2. Specify a consistent sign type and avoid mixing different sign types, such as canister signs with channelized letters. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 41/53 Page 653 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 3. Use a consistent size (e.g., maximum height and length) that is proportionate to the building. 4. For shopping centers, use an 18-inch maximum letter height. For buildings plotted at the street setback line, use a 12-inch maximum letter height. 5. Limit sign length to be no greater than 65 to 70 percent of the leased space width. (Ord. No. 1000 § 4, 2022) Chapter 17.123 MULTI-FAMILY AND RESIDENTIAL MIXED-USE 17.123.010 Purpose and applicability. The purpose of this chapter is to provide objective design standards for multi-family and residential mixed-use development, as applicable according to section 17.118.020 (Applicability). The design standards contained in this section supplement the standards in chapter 17.120 (General Design Provisions) and article VIII (Form-Based Code). If there is a conflict, the requirements of article VIII supersede this chapter, and this chapter supersedes the requirements in chapter 17.120. (Ord. No. 1000 § 4, 2022) 17.123.020 Pedestrian-oriented site design. A. Frontage road design. 1. Multi-family and residential mixed-use projects along a frontage road must provide the following along the frontage-road facing pedestrian area: a. A pedestrian walkway a minimum of 12 feet in width. b. Street furniture, which may include outdoor dining areas. c. A minimum of two site features such as a planted trellis, a living walls, public art, or a plaza. 2. Mid-block passageways shall be incorporated into internal paseo systems. 3. Parking within frontage roads and within private circulation drives may be parallel, head-in angled, or back-in angled. B. Sidewalks abutting ground floor residential units. Where ground floor nonresidential uses are located along private driveways within a residential mixed-use development, the driveway must be designed with a minimum eight-foot wide sidewalk that is visually distinct from the vehicular circulation area. C. Pedestrian open spaces. 1. Pedestrian-oriented amenities. Pedestrian open spaces must include the following: a. Trellises or arbors with vines or other plantings; and https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 42/53 Page 654 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES b. Durable street furniture and other pedestrian-oriented features, such as period cast iron or steel street furniture, decorative wine-making artifacts such as manual grape crushers, wine barrels for trash containers, or similar elements. 2. Pedestrian-oriented lighting design. a. Light fixtures and poles must be consistent in design with the primary building. b. Along pedestrian-oriented building perimeters, light fixtures must be no taller than 12 feet in height. c. Low-level lighting shall be provided to ensure entry paths, entry stairs and driveways, and garage and building entries are illuminated. (Ord. No. 1000 § 4, 2022) 17.123.030 Facade design. A. Facade articulation. Structural elements visible on the building exterior (e.g. rafters, purlins, posts, beams, balconies, brackets, trusses, columns, arches, etc.), even when ornamental, shall be sized and spaced to frame building apertures and modules. B. Porches and balconies. Balconies and porches must be integrated into building recesses or overhangs on at least one side of the porch or balcony. C. Porches. Porches must be engaged with the building facade on at least one side. FIGURE 17.123.030-1 INTEGRATION OF BALCONIES D. Townhouses/rowhouses. In townhouse and rowhouse development types, all primary facade planes of adjacent attached units must be offset a minimum of 18 inches to avoid monotony in facade plane. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 43/53 Page 655 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES E. Garage width. For rowhouses or townhouses, attached garages with doors that face the street may not occupy more than 50 percent of the width of any street-facing building facade. (Ord. No. 1000 § 4, 2022) 17.123.040 Roof design. A. Allowed roof forms. Roof forms shall be limited to: 1. Hipped 2. Gable 3. Dormers 4. Parapet B. Pitch. The pitch of a sloped roof must be a 3:12 to 6:12 ratio. C. Parapet design. 1. Parapets longer than 12 feet in length shall exhibit a combination of steps and curves. Patterns of steps and curves must be symmetrical within each segment or establish symmetry across the building facade. If parapets terminate with a coping, the coping must be stone, concrete, tile, or molded stucco. 2. Parapets segments may not exceed 25 feet in length without interruption in height or form. D. Cornices. Where a cornice is included in roof design, the cornice must include brackets, dentils, or other ornamentation. E. Eaves. Where eaves exceed 18 inches in depth, exterior brackets or beams are required. F. Roof Heights. The eave or roof form of a secondary facade bay shall be no higher than the corresponding elements of the primary facade bay. (Ord. No. 1000 § 4, 2022) 17.123.050 Doors and windows. A. Window and door design. All upper-story windows and doors must be consistent in design, including proportions, trim, material, and color. B. Window recess and trim. All windows must be either: 1. Designed with trim a minimum of one inch from the outer wall surface and at least one inch in width; or 2. Recessed a minimum of three inches from the outer wall surface. FIGURE 17.123.050-1 WINDOW DESIGN https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 44/53 Page 656 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES C. Window trim material. Foam and vinyl are not permitted window trim materials. D. Upper story windows. Upper story windows must be vertically oriented. E. Ground floor commercial windows. Ground floor windows must be horizontal or square in proportion rather than vertically oriented. F. Glazing. Reflective or opaque tinting or glazing is prohibited. (Ord. No. 1000 § 4, 2022) 17.123.060 Required open space. A. Private open space. All private open space must have a minimum dimension of six feet in any direction. B. Common open space. 1. Common open space may be at-grade, elevated, or on the roof of a building. 2. Common outdoor recreation space must be available for passive and active outdoor recreational purposes for the enjoyment of all residents. Outdoor recreation space types include, but are not limited to, open lawn areas, picnic/barbeque areas, tot lots, sports courts, swimming pools, and community gardens. 3. The slope of the common outdoor recreational space must not exceed a slope of ten percent and must be easily accessible for all residents. 4. Common outdoor recreation space must not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space. (Ord. No. 1000 § 4, 2022) 17.123.070 Residential unit design. A. Residential signifiers. Residential facades shall incorporate at least one element that signals habitation, such as windows bays or balconies. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 45/53 Page 657 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES B. Unique floor plans. All multi-family and residential mixed-use projects over 50 units must include a minimum of six unique floor plans. A mirror-image of one floor plan does not count as a unique floor plan. C. Private open space. Private open space may be at-grade or elevated. Space types include but are not limited to dooryards, decks, porches, patio, verandas, and balconies. D. Affordable unit design. Affordable units and market rate units in the same development shall be constructed of the same exterior materials and details such that the units are not distinguishable. E. Universal design. For projects with at least ten dwelling units, a minimum ten percent of units must adhere to the following principles of Universal Design. 1. At least one entrance without steps and a flat threshold. 2. Living space on one floor or stair landings big enough to accept lifts. 3. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends. 4. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens. F. Required storage. Lockable storage spaces for multiple-family units must be provided as required by the CalGreen Building Code. (Ord. No. 1000 § 4, 2022) 17.123.080 Additions and remodels. Notwithstanding the design standards of this chapter, additions to and remodels of existing buildings, including porches, balconies, decks, and new or replacement windows or doors in an existing wall must match the architectural design and detail of the existing building. (Ord. No. 1000 § 4, 2022) Chapter 17.124 DESIGN PROVISIONS FOR PUBLIC ART 17.124.010 Purpose. The purpose of this chapter is to promote the general welfare and enhance the quality of life for city residents, workers, and visitors by improved public placemaking which will require certain developments to include or provide for public art or architecture that qualifies as art. (Ord. No. 1000 § 4, 2022) 17.124.020 Public art required. A. The requirements of this chapter shall apply to any development subject to site development review, minor design review, or design review that meets one or both of the following criteria: 1. All residential development projects that propose to develop four or more dwelling units. 2. All commercial, office, or industrial development projects with a project valuation or valuations exceeding one million dollars in the aggregate, based on most recent International Code Council building valuation data. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 46/53 Page 658 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES B. Notwithstanding anything else in this section, the requirements of this chapter shall not apply to: 1. Residential projects with a density equal to or less than four dwelling units per acre. 2. Residential projects that contain income restricted affordable housing units where the value of the restricted unit(s) equals or exceeds the minimum value of the art work that would otherwise be required. 3. Remodeling, an addition to, or both of existing residential buildings or accessory structures. 4. Remodeling of existing commercial, office, or industrial buildings that do not include any exterior modifications to the building. 5. Remodeling, addition to, or both of existing commercial, office, or industrial buildings for which art work was previously installed, donated, or for which an in lieu fee was paid pursuant to the requirements of this chapter, regardless of whether such remodeling, addition to, or both includes interior modifications, exterior modifications, or both. 6. Public school facilities. 7. Places of worship. 8. Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake, or other natural disaster, where the reconstructed buildings are substantially similar to the original buildings. 9. Wireless communication facilities. C. All development projects subject to this chapter must include art work that has a minimum value that meets or exceeds an amount equal to the sum of $750.00 per residential unit developed and one dollar per square foot of commercial, office, or industrial development. D. In lieu of providing the art required by the preceding subsection C, the applicant may do either of the following: 1. Donate to the city art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 of this chapter. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in-lieu fee into the city’s public art trust fund, equal to the minimum value of the art work that would otherwise be included in the development project. If approved in writing by an authorized city representative, the applicant may defer payment of the in-lieu fee to no later than issuance of a certificate of occupancy for the development project. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 47/53 Page 659 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES E. No final approval, such as a final inspection or a certificate of occupancy, for any development project subject to this chapter shall be granted or issued unless and until the requirements of this chapter have been met. For purposes of this requirement, compliance shall be measured in light of the conditions of approval for the project, including, but not limited to, any approved phased development plan. In furtherance of any phasing plan or project completion schedule, the city may accept bonds or other surety to assist in the completion of the project, provided they are in a form and manner acceptable to the planning director and city attorney. (Ord. No. 1000 § 4, 2022) 17.124.030 Donated art work. A. Art work donated to the city pursuant to this chapter must meet the design standards in section 17.124.040 of this chapter and shall be subject to the final approval and acceptance by the city council, upon recommendation of the public art committee. Upon final acceptance by the city council, the donated art work shall be the sole property of the city. B. If a developer elects to donate art work to the city in lieu of providing art work as required by section 17.124.020(C), the donation shall be secured by a cash deposit in an amount that meets or exceeds the required minimum value of the art work or a performance bond for the same amount and in a form approved by the city attorney. The security, regardless of the form, shall become payable to the city and deposited into the city’s public art trust fund in the event the developer fails to donate art work acceptable to the city as required by this chapter. (Ord. No. 1000 § 4, 2022) 17.124.040 Public art design standards. A. For purposes of this chapter, “art work” means original or limited edition artistic creations, and may include, but is not limited to, sculptures, paintings, monuments, water features, glasswork, lighting, ceramics and in exceptional circumstances, landscaping elements. B. Media may include, but are not limited to, steel, bronze, wood, stone, tile, concrete, lighting, any other durable materials able to withstand outdoor conditions, or any combination of these, including in exceptional circumstances, plant materials. For these purposes, “durable” means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. C. Art work must be of a scale and setting as to complement the adjacent physical building, improvements, and property. D. Art work must be installed in a public place, which means any exterior area on public or private property that is easily accessible to the general public or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk. E. Art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. The plaque must be installed in close proximity to the art work. F. Art work installed on private property shall qualify towards the minimum landscaping requirements of chapter 17.56. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 48/53 Page 660 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES G. Art work may be combined with functional elements of the development project (such as bike racks, shade structures, bus shelters, trash receptacles) only if, when the elements are viewed as a whole, the expressive design elements predominate over utilitarian concerns. H. The following shall not count towards meeting the public art requirement of this chapter: 1. Landscaping, unless substantially comprised of durable elements that otherwise qualify as art work. 2. Mass-produced or “off the shelf” decorative or ornamental items. 3. Historical or memorial markers or statuary. I. Art work must meet the minimum required valuation for the project. 1. The project developer may claim the following expenses in satisfaction of the minimum value of the required art work: a. Artist’s fees; b. Art materials; c. Fabrication or manufacturing of the art work; d. Transportation of the art work; e. Base, mounting, or pedestal for the art work; f. Building permits for installation of the art work; g. Identification plaque for the art work; h. Lighting instruments specifically lighting the art work; i. Installation of the art work; j. Structural engineering for the art work; k. Motors or subterranean equipment directly necessary for the installation of the art work; l. Water related costs for the art that includes artist designed water features not to exceed 30 percent of the total value of the art work; m. Art consultant fees (if applicable) not to exceed a maximum of 15 percent of the value of the art work; and n. Any fees paid to public art experts (such as art conservators, qualified appraisers, etc.) that are required by the city. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 49/53 Page 661 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 2. The following expenses shall not be counted toward the minimum value of the required art work: a. Expenses related to locating the artist, including, but not limited to, airfare, hotel, taxi fares and other travel related expenses; b. Architect, landscape architect, or other design professional fees; c. Site preparation for public art installation, including, but not limited to, grading, demolition or removal of items or structures and installation of utilities to the site; d. Landscaping surrounding the art; e. Items around the public art that is not conceptualized, designed, and fabricated by the selected artist; f. Utility fees associated with activating electronic or water generated art; g. Lighting elements not integral to the illumination of the art; h. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing the sculpture’s image; or i. Dedication ceremonies, including art unveilings or grand openings. J. Architecture and/or landscape architecture may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the architect/landscape architect is recognized by the professional or artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, professional or industry awards or publications. 2. Whether, when the building or landscape architecture is viewed as a whole, the expressive architectural design elements predominate over utilitarian concerns. 3. Whether the architecture/landscape architecture was designed in collaboration with an artist who has: (a) experience with monumental scale sculpture; (b) major design control of the portions of the architecture to be considered as art; and (c) been involved in development of the project from early on in the design process. K. Commercial signage and/or artistic lighting may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the sign or lighting is an original work, based on a unique and original design. 2. Whether the designer is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 50/53 Page 662 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES 3. Whether, when the sign or lighting is viewed as a whole, the expressive design elements predominate over the commercial message or utilitarian concerns. 4. Whether the sign or lighting was designed in collaboration with a designer who has: (a) experience designing signs that are unique and original; (b) substantial control over those portions of the sign to be considered as art; and (c) been involved in design of the sign from early on in the design process. (Ord. No. 1000 § 4, 2022) 17.124.050 Submittals. The project developer shall submit, on a form or forms provided by the city, an application for installation of art work on private property or donation of art work to the city that contains the following information as applicable to the project in addition to any other information as may be required by the city to adequately evaluate the proposed the art work: A. The architect, landscape architect, designer or artists’ name(s), qualifications and examples of past work. B. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work and an artist warranty as to the originality of title to the art work. C. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs, that demonstrates satisfaction of the minimum required value of the art work. D. A written agreement executed by the artist or artists who created the art work that expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws. E. Preliminary plans containing such detailed information as may be required by the city to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood. F. A written statement executed by the property owner and approved by the city attorney that requires the landowner or his or her successors and assigns to defend, indemnify, and hold the city harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from any claim, action or liability related to the art work. G. If the project developer proposes to satisfy the public art requirement with architecture, it must before its application can be deemed complete submit to the approving authority at a pre-application review: (1) a maquette and other materials that satisfactorily illustrate the proposed conceptual development; and (2) a statement explaining why the architecture should be considered an art work, including, but not limited to, an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture. Nothing in this subsection shall be deemed to require the reviewing authority’s approval of the submittal at the pre-application review before the application is deemed complete. (Ord. No. 1000 § 4, 2022) 17.124.060 Applications to donate art work to the city. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 51/53 Page 663 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES Applications for art work donated to the city shall be subject to additional review by the public art committee, which shall make a recommendation to the city council regarding whether the proposed donation is consistent with the purposes of this chapter. (Ord. No. 1000 § 4, 2022) 17.124.070 Ownership and maintenance of art work placed on private property. A. All art work installed pursuant to this chapter on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner’s successors and assigns, which owner must provide all maintenance necessary to preserve and maintain the art work in good condition and in the manner approved by the city. B. The obligation to maintain the art work shall be enforced as follows: 1. Prior to the installation of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists including but not limited to rights regarding the alteration, modification or relocation of subject art work. The city shall be a signatory party to this document, and its final form and content shall be approved by the city attorney. 2. The obligation to maintain the art work shall include, without limitation, preserving the art work in good condition to the satisfaction of the City of Rancho Cucamonga, protecting, repairing, restoring, or replacing the art work in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the city for: (a) fire; (b) flood, wind, earthquake, or other natural disaster; (c) vandalism; and (d) extended liability. 3. Any time the city determines that art work has not been maintained in substantial conformity with the manner in which it was originally approved, the city shall require the current property owner to either: a. Maintain, repair, restore, or replace the art work; or b. After reasonable notice: (i) pay the lesser of either the costs estimated by the city to be required to maintain, repair, restore, or replace the art work and/or secure and maintain insurance for the art work; and (ii) provide the city or its representatives reasonable access to the property to perform any necessary to maintain, repair, restore, or replace the art work. C. If an owner wishes to replace art work required by this chapter for any reason, including but not limited to theft, destruction, removal, or personal preference, the replacement art work shall be subject to the review and approval of the original approving authority, which shall determine whether the replacement art work meets the criteria set forth in this chapter. (Ord. No. 1000 § 4, 2022) https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all 52/53 Page 664 of 882 6/21/23, 11:02 AM ARTICLE VII. DESIGN STANDARDS AND GUIDELINES Contact: City Clerk: 909-774-2023 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https://library.qcode.us/lib/rancho_cucamonga_ca/pub/municipal_code/item/title_17-article_vii?view=all Page 665 of 882 Article VIII Form-Based Code 1 Chapter 17.126 Introduction Chapter 17.128 Form-Based Zones 5 Chapter 17.130 Zone and Building Standards 9 Chapter 17.132 Building Entrances and Facades 29 Chapter 17.134 Public Open Space 37 Chapter 17.136 Land Use Standards 45 Chapter 17.138 Large Site Standards 51 Page 666 of 882 Page 667 of 882 17.126 Introduction 17.126.010 Title Article VIII of the Rancho Cucamonga Municipal Code (RCMC) shall be known as the Form-Based Code or FBC. 17.126.020 Overview The Rancho Cucamonga General Plan (General Plan) is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity. The FBC implements the General Plan’s vision and policy direction for key areas of the City. The Form-Based Code, adopted as article VIII of title 17 (Development Code), establishes place-based standards for certain areas of Rancho Cucamonga. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated. The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines. Form-Based Codes are an alternative to conventional zoning.” - Form-Based Codes Institute Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one another, and the scale and types of buildings and blocks. Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e., a Regulating Plan) that functions like a zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots. While FBCs focus on an intended physical form, they also regulate use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. FBCs transform commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance. 17.126.030 Purpose The purpose of the FBC is to implement the General Plan, specifically the General Plan’s vision for higher intensity, walkable, mixed-use districts, centers, corridors, and neighborhoods. The specific purpose and intent of each zone is established in chapter 17.128 (Form-Based Zones). 17.126.040 Applicability A. This article applies to all proposed development within form-based zones as identified on the Zoning Map. B. If there is a conflict between the standards of this article and the standards in another article of this title, this article supersedes, unless otherwise noted. C. If there is a conflict between standards within the sections of this article, unless otherwise noted, the most restrictive standard supersedes. D. Where this article is silent or does not provide an explicit provision, the other articles of this title apply. E. Projects required to adhere to the standards in this article shall be reviewed and approved consistent with article II (Land Use and Development Procedures). 17.126.050 Structure of the Form-Based Code The following provides a brief overview of the overall structure of article VIII (Form-Based Code). A. Chapter 17.126: Introduction. This chapter introduces the Form-based Code (FBC), provides an overview of FBCs, and includes an illustrative explanation of how to use and apply the FBC to a typical development review application. B. Chapter 17.128: Form-Based Zones. This chapter provides an overview of the FBC zones and the purpose statements of each FBC zone. C. Chapter 17.130: Zone and Building Standards. This chapter establishes the purpose and intent of the building type standards, standards that are applicable to all zones and building types, a description of each building type, and objective development standards associated with each type. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 1 Page 668 of 882 D. Chapter 17.132: Building Entrances and Facades. This chapter establishes the purpose and intent of the building entrance and facade type standards, a description of each building entrance and facade type, and objective development standards associated with each type. E. Chapter 17.134: Public Open Space. This chapter establishes the purpose and intent of the public open space standards, a description of each public open space type, and objective development standards associated with each type. F. Chapter 17.136: Land Use Standards. This chapter establishes the land uses allowed in each form-based zone and any necessary specific use standards. G. Chapter 17.138: Large Site Development. This chapter provides requirements for large site development including applicability, intent and design review requirements. This chapter establishes block size and connectivity standards. 2 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 669 of 882 See Zoning Map See Chapter 17.128 Form-Based Zones Sites < 3 acres Sites > 3 acres See Chapter 17.138 Large Site Development & Chapter 17.120 General Design Provisions See Chapter 17.130 Zone and Building Standards See Chapter 17.132 Building Entrances and Facades See Chapter 17.134 Public Open Space See Chapter 17.136 Land Use Standards 17.126.060 How to Use the Form-Based Code Figure 17.126.060 (Steps to Use the Form-Based Code) provides a general overview of how to use the FBC. For specific information and to review all necessary permit procedures and application requirements, please refer to article II (Land Use and Development Procedures). Figure 17.126.060 Steps to Use the Form-Based Code | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 3 Page 670 of 882 This page is intentionally left blank 4 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 671 of 882 17.128 Form-Based Zones 17.128.010 Purpose of Form- Based Zones The form-based zones are organized from lowest to highest intensity, and each is named to describe its general form and function (neighborhoods, centers, corridors, and districts). The FBC includes a neighborhood form- based zone that builds on the neighborhood designations established in the Etiwanda Heights Neighborhood and Conservation Plan (i.e., Neighborhood Estates, Neighborhood General 1 and Neighborhood General 2). The intent of each form-based zone is as follows: A. Neighborhood Estates 2 (NE2). Low density residential development comprised of large homes on large lots, with large setbacks and yards. Buildings are low intensity, yet neighborhoods and blocks are design to promote connectivity and traditional neighborhood design. Uses are mostly single-family residential, with context-sensitive neighborhood commercial and civic uses also allowed in certain locations, such as neighborhood edges and at designated nodes within new master planned neighborhoods. B. Neighborhood General 3 (NG3). Medium density and intensity development along certain segments and nodes of major corridors in proximity to smaller-scale residential neighborhoods. Buildings promote walkability and contribute to active, vibrant environments while being context-sensitive by transitioning scale when adjacent to lower density neighborhoods. Uses provide a range of daily needs within walkable suburban neighborhoods, with some transitional auto-oriented development in outlying areas. C. Center 1 (CE1). Active, vibrant town centers that promote walkability with neighborhood-serving commercial and retail uses in proximity to medium density residential development. Buildings front streets and provide a vibrant, safe street environment for pedestrians and cyclists. C.D. Mixed Employment 1 (ME1). Medium intensity development focused on walkable professional office and employment uses. Buildings front streets and transition areas from auto-oriented office parks to mixed-use, vibrant hubs of activity. D.E. Mixed Employment 2 (ME2). Medium to high intensity development focused on professional office, creative industrial and maker spaces, and employment uses along active, walkable streets. Buildings front streets and corridors with tall ground floors that support a mix of uses, entrances, and facades. E.F. Corridor 1 (CO1). Medium intensity mixed-use development that transitions existing auto-oriented corridors and places to vibrant areas that promote walkability. Building and entrance/facade types are diverse, contributing to a mix of distinct places along major corridor areas. Buildings front streets and transition in scale to surrounding neighborhoods with some auto- oriented development along secondary streets. F. G. Corridor 2 (CO2). Medium to high intensity mixed- use development along active, walkable corridors and at key intersections. Buildings front streets and transition in scale to surrounding neighborhoods with some transitional auto- oriented development along secondary streets. G. H. Center 2 (CE2). Mixed-use urban areas with pedestrian-friendly commercial and residential hubs and infill development along vibrant public spaces that promote walkability. Buildings transition in scale (i.e., step up or step down) to surrounding neighborhoods, centers, and districts. Developments support safe streets for pedestrians and cyclists. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 5 Formatted: Font color: Auto, Character scale: 100% Page 672 of 882 17.128.020 Overview of Form-Based Zones Table 17.128.020-1 provides an overview of each form- based zone. See chapter 17.130 (Zone and Building Standards) for specific standards for each form-based zone. Subzones are established for two form-based zones. Subzones limit land uses in certain areas where the form- based zone is applied to support the implementation of the General Plan land use mix provisions and better align with existing conditions and intended outcomes. TABLE 17.128.020-1 SUMMARY TABLE OF FORM-BASED ZONES Zone Neighborhood Estate 2 (NE2) Neighborhood General 3 (NG3) Center 1 (CE1) Mixed Employment 1 (ME1) Subzone None Neighborhood General 3 Limited (NG3L) (limits non-residential uses) NoneCenter 1 – Southwest Cucamonga (CE1-SWC) (Allows certain existing service uses to remain) None Desired Form Large frontage area/ build-to lines Small to medium frontage area/ build-to lines Small frontage area/ build-to lines Small to large frontage area/build-to lines Heights up to 3 stories Heights up to 3 stories Heights up to 4 stories Heights up to 5 stories Interconnected street network, low intensity development House-scale buildings, low intensity development Compact and connected environment, medium intensity development Moderate intensity mixed- use development, transitions in scale to adjacent neighborhoods General Use Single-family residential, some context appropriate neighborhood serving commercial or civic uses. Medium density residential mixed-use with ground floor commercial and retail activity with a mix of uses on upper stories. Subzone: Medium density residential, allows neighborhood serving commercial and limited auto- oriented uses Commercial and retail mixed-use buildings with a mix of residential and non- residential uses on upper stories. Medium density residential and moderate intensity neighborhood-serving commercial uses. Professional office employment with a mix of supporting uses. Some auto- oriented uses if the scale and character is appropriate. General Plan Designation Traditional Neighborhood Neighborhood Corridor Neighborhood Center (Subzone) Traditional Town Center Office Employment District 6 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 673 of 882 TABLE 17.128.020-1 SUMMARY TABLE OF FORM-BASED ZONES (CONT.) Zone Mixed Employment 2 (ME2) Corridor 1 (CO1) Corridor 2 (CO2) Center 2 (CE2) Subzone None None None Center 2 Limited (CE2L) (limits non- residential uses) Desired Form Small frontage area/ build-to lines Small frontage area/ build-to lines Small frontage area/ build-to lines Small frontage area/ build-to lines Heights up to 5 stories Heights up to 5 stories Heights up to 7 stories Heights up to 12 stories Walkable environment, maker spaces, moderate intensity development, block- scale building Transitional environment, mixed- use and block-scale buildings, moderate intensity development Walkable environment, block-scale buildings, moderate to high intensity development Walkable environment, block-scale buildings, high intensity development General Use Professional office, business, service, and creative industrial uses in proximity to walkable, urban areas. Moderate density residential with a mix of commercial and retail activity at key intersections. Medium to high intensity uses act to transition to lower intensity suburban neighborhoods adjacent to the corridor. High density residential with a mix of commercial and retail activity at key nodes. Higher density and intensity uses transition to lower intensity urban areas nearby such as moderately scaled mixed use, multi- family, and employment districts and centers. Ground floor commercial and retail activity with a mix of commercial and residential uses on upper stories. High density residential and civic uses. Subzone: Predominately moderate and high density residential uses in proximity to walkable, urban areas with a focus on residential serving retail uses. General Plan Designation 21st Century Employment District City Corridor Moderate City Corridor High City Center Urban Neighborhood (subzone) | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 7 Page 674 of 882 This page is intentionally left blank 8 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 675 of 882 17.130 Zone and Building Standards 17.130.010 Introduction The purpose of this chapter is to establish standards for all building types within the form-based zones. The standards provide a range of development options that establish a predictable framework to implement context-based walkable areas. The building types also support a variety of uses, as allowed by the zone (e.g., the “multiplex” building type may include residential uses, retail/commercial uses, professional offices, creative industrial/maker spaces, or others as allowed in the zone) (see chapter 17.136 (Land Use Standards)). 17.130.020 Applicability A. This chapter applies to all projects for which this article applies. B. If there is a conflict between the provisions of the building standards and the standards for the form- based zones in this chapter, the building standards supersede over any applicable form-based zone standards. C. If there is a conflict between the provisions of chapter 17.132 (Building Entrances and Facades) and the standards in this chapter, the building entrances and facades standards supersede over any applicable building and zone standards. D. If there is a conflict between the provisions of article VII (Objective Design Standards and Guidelines) and the standards of this chapter, the provisions of this article supersede. E. The development of civic, public facilities (including public education), transportation, communications, and/or infrastructure facilities is exempt from this chapter. 17.130.030 Applicable to All Zones This section applies to all zones listed in this chapter. A. Building Types. Table 17.130.060-1 (Allowed Building Types by Zone) specifies the allowed building types by form-based zone. Building types not listed are not allowed in that zone. The standards for each building type are included in this chapter. All building types are also subject to the standards in Table 17.130.050- 1 (Required Build-To Line, Height, and Frontage Area). B. Sloping Lots. Areas within the hillside overlay zone and any properties with an eight percent slope or greater are subject to limitations and review. See sections 17.52.020 (Establishment of slope zoning limitations) and 17.16.140 (Hillside development review). C. Development Site. 1. If an applicant proposes multiple principal buildings on a single lot, the proposal must divide the lot into development sites to demonstrate compliance with this chapter, regardless of whether or how the lot is intended to be subdivided. 2. Development site, lots, and lot lines shall be considered synonymous with properties and property lines as defined and used in this Code. Space. Building entrance, facade, and public open space types must be incorporated on a building and/or development site consistent with chapters 17.132 (Building Entrances and Facades) and 17.134 (Open Space). E.F. Objective Design Standards. Projects subject to the provisions of this section must also comply with article VII (Design Standards and Guidelines). F.G. Ground Floor Depth. All buildings subject to this article shall be developed with a minimum ground floor depth of 30 feet. G.H. Alternative to Required Placement Standards. One or more active private frontage amenities, in compliance with the standards below, may be substituted, in part, for the building placement in private frontage areas required in Table 17.130.050-1 (Required Build-to Line, Height, and Frontage Area), so long as they do not obstruct the open pedestrian connection between the building’s primary entrance and the sidewalk. Allowed alternative active private frontage amenities are limited to: 1. Accessory outdoor dining, provided the outdoor dining is: a. Accessory to a permitted use; | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 9 Formatted: Font: Not Bold, Font color: Auto, Character scale: 100% D. Subdivisions. If an applicant proposes to subdivide a property, each development site shall accommodate the largest allowable building type in its smallest form within the underlying form-based zone. Page 676 of 882 b. Separated from the public right-of- way only with planters, shrubs, or approved fencing with a maximum height of 42 inches; and c. Only allowed to replace up to a maximum 35 percent of the building facade requirement. 10 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 677 of 882 2. Merchandise display and sales, provided that the display and sales area is: a. Associated with a permitted use; and b. Only replaces up to a maximum 15 percent of the building facade requirement. H.I.Structured Parking Levels Facing the Right- of- Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of-way or paseo, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade. I.J. Lined Structures. Where buildings are designed with uses directly abutting or “lining” or “wrapping” above-ground parking structures, the portions of structured parking facing a street or paseo must be: 1. Limited to 30 percent of the building facade; and; 2. Either set back a minimum five feet from the building facade; screened with a living wall; or designed with punched openings to simulate habitable space. Interior Side and Rear Facade. 1. When abutting a multi-family or mixed-use zone with a lower maximum allowed density or height, the third story and above must be stepped back a minimum 20 feet from the property line or a minimum six feet from the ground floor side or rear facade, whichever is greater. 2. When abutting a single-family residential zone, the third and fourth stories must be stepped back a minimum 30 feet from the property line or a minimum eight feet from the ground floor side or rear facade, whichever is greater (see diagram). 3. When abutting a single-family residential zone, the fifth story and above must be stepped back an additional eight feet from the fourth story. K.L. Massing Adjacent to Lower-Density Residential. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 11 J.K. Page 678 of 882 1. Building facade planes abutting a form- based zone with a lower maximum allowed density may not exceed 48 feet in length without a break of minimum 6 feet in depth and 10 feet in length. 12 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 679 of 882 2. Building facade planes facing a residential zone may not exceed 40 feet in length without a break of minimum 10 feet in depth and 10 feet in length. L.M. Vertical Articulation. 1. Building façades up to 75 feet in length along a right-of-way must incorporate at least one of the following on all upper stories. a. Window bays a minimum 30 inches in depth from building facade; b. Recesses a minimum three feet in depth from building facade; or c. Balconies. 2. When a building facade exceeds 75 feet in length along a right-of-way, all upper stories must be separated into facade bays no greater than 50 feet in width defined by a recess a minimum of three feet in depth and at least one of the following strategies. a. Change in roof parapet height or shape; b. Change in roof form; or c. Change in building height with a minimum of eight- foot difference. 3. When a building facade exceeds 400 feet in length along a right-of-way, the building must incorporate a vertical break a minimum 60 feet wide and 40 feet deep. The resulting space must: a. Be closed to vehicular circulation; b. Be improved with pedestrian amenities and a combination of landscaping and paving that serves as an extension of the abutting sidewalk; c. Provide a minimum 100 square feet that is protected from the elements; and d. Remain accessible and open to the public. M.N. Corner Treatment. Accentuate building massing at street intersections with at least one of the following elements. 1. A tower or dome element at least 80 square feet in area; 2. A decorative parapet; 3. A rounded corner with enhanced transparency; 4. Bay windows within six feet of the building corner; or 5. Other measure identified in the General Plan Placemaking Toolkit. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 13 Page 680 of 882 N.O. Ground Floor Entrances. 1. All entrances to non-residential ground floor uses must face and be visible and accessible from the primary right-of-way . 2. Street-facing non-residential building façades must incorporate at least one ground floor entrance per 80 linear feet. 3. Any shared or individual entrance to residential unit must be a minimum eight horizontal feet from any entrances to non-residential uses. 14 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 681 of 882 O.P. Privacy. 1. Balconies, decks and other habitable outdoor spaces are not allowed on upper-story façades or roofs abutting residential zones. 2. Windows to primary living spaces within 10 feet of and facing an interior side setback must: a. Be a minimum 30-degree angle measured perpendicular to the adjacent side setback line; b. Have a minimum sill height of 42 inches from the finished floor; or c. Use permanently translucent or “frosted” glazing. P.Q. Required Ground Floor Transparency. A minimum 50 percent of commercial ground floor street-facing facades between 2 and 7 feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed. Q.R. Shade. Shade producing frontages, such as awnings, arcades, and galleries, are required on southern and western facing building facades of non- residential or mixed-use buildings. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 15 Page 682 of 882 17.130.040 Supplemental to Zones This section applies to all zones listed in this chapter. Where identified on the Zoning Map, form-based zones are subject to the following additional standards and restrictions which supersede the base zone requirements. A. Cucamonga Station Area Overlay. When applied on the Zoning Map, the Station Area Overlay modifies the base zone standards as follows: 1. FAR (Max.): 3.0 for an individual development site, maximum 2.0 average FAR for the Overlay Area 2. Density (min.): 60 Du/Ac 3. Use Mix Requirements: Projects within this Zone must be developed with minimum 50% non- residential uses. 4. Allowed land uses: In addition to the uses allowed in the base zone, the following uses are permitted by right: a. Park and Ride Facility b. Parking Facility c. Transit Facility 5. Ground Floor Use: Projects within 1/4 mile of the Metrolink station must comply with the ground floor use requirements of section 17.130.040.B.1, below. B. Corridor Fronting Ground Floor Use Restrictions. The following ground floor use requirements supersede the land use standards of this article. Building, facade, and entryway requirements by zone still apply. 1. Corridor Fronting Retail Ground Floor Use Required. a. Properties designated with a Corridor Fronting Retail Ground Floor Use designation must be developed with a ground floor retail, restaurant, or personal service use as listed below that is also allowed in the base zone: i. Bar/Nightclub ii. Grocery Store/Supermarket iii. Restaurant (all types) iv. Retail, Accessory v. Retail, General vi. Child Day Care Facility/Center vii. Hotel viii. Personal Services b. The requirement applies only to the uses or portion of the building fronting Foothill Boulevard or Haven Avenue. c. Uses that are allowed in the base zone, and not listed above, are allowed on upper stories or behind an allowed ground floor retail, restaurant, or personal service use. 2. Corridor Fronting Commercial Ground Floor Use Required. a. Properties designated with a Corridor Fronting Commercial Ground Floor Use designation must not be developed with residential units on the first or ground floor fronting Foothill Boulevard or Haven Avenue. b. Allowed uses are limited to any non- residential use that is allowed in the base zone. c. Residential uses are allowed on upper stories or behind ground floor non-residential uses. 3. Corridor Fronting Non-Residential Ground Floor Use Required. a. Properties designated with a Corridor Fronting Non-Residential Ground Floor Use Required designation shall not be developed with residential units on the first or ground floor fronting Foothill Boulevard or Haven Avenue b. Uses associated with an on-site residential use, such as leasing office, community space, the work component of a live/work unit, gym for residents, child care space, communal work space, or project amenities are allowed on the ground floor. All other non-residential uses (e.g. office, retail, restaurant, office, or service uses) allowed in the base zone are allowed. 16 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 683 of 882 TABLE 17.130.050-1 REQUIRED BUILD-TO-LINE, HEIGHT, AND FRONTAGE AREA DENSITY AND INTENSITY (MAX.) 4 Dwelling Units per Acre (Du/ac) (min./max.) subzone Floor Area Ratio (FAR) (min./max.)2 BUILD-TO-LINES Primary Build-to Line (max./min.) Secondary Build-to Line (max./min.) 40 ft./NA 30 ft/NA BUILDING PLACEMENT WITHIN PRIVATE FRONTAGE AREAS NA Min. Built Percentage of Primary Frontage Width frontage frontage frontage frontage frontage frontage frontage — E NA Min. Built Percentage of Secondary Frontage Width 17.130.050 Specific to Zones This section establishes development standards that are specific to each form-based zone. Standards specific to zones include those for density, intensity, frontage area, overall building height, ground floor height, and surface parking setbacks. Development may be further limited by building type, as established in section 17.130.060 (Building Type Standards). | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 17 max. max. min. Page 684 of 882 Notes: 1. The maximums allowed by zone may not be attainable due to limitations from other standards (e.g., building and design standards) or unique site characteristics, such as lot size, trees, waterways, and steep slopes. 2. FAR applies to non-residential portion of the development only, including non-residential portions of mixed-use development. 3. Maximum height in feet determined by building type, see Section 17.130.060. For properties within the Ontario Airport Land Use Compatibility Plan (OALCP), the maximum height is established in the OALCP. The OALCP standard supersedes the maximum height allowed in this Article. 4. Density and FAR are calculated individually. When there are multiple development sites on a single property, individual development sites may deviate from minimum or maximum standards so long as the total site average FAR and Du/AC are within established limits. 17.130.060 Building Type Standards This section establishes the standards for building types. Table 17.130.050-1 shows the building types that are allowed in each form-based zone. Subsections A through G describe each building type and establish the development standards specific to each. 18 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | TABLE 17.130.050-1 REQUIRED BUILD-TO-LINE, HEIGHT, AND FRONTAGE AREA Standard1 Form-Based Zones NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 HEIGHT G Ground Floor Residential Use (min.) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. G Ground Floor Non-Residential Use (min.) 12 ft. 12 ft. 15 ft. 12 ft. 12 ft. 15 ft. 15 ft. 15 ft. H Upper Floor Non-residential Height (min.) 9 ft. 9 ft. 10 ft. 10 ft. 10 ft. 9 ft. 9 ft. 9 ft. I Residential Finish Floor Elevation above Grade at Max. Build-to Line (min.) 0 in. 36 in. max. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. Non-residential Finish Floor Elevation I above Grade at Max. Build-to Line (max.) 18 in. 18 in. 18 in. 12 in. 12 in. 12” in. 12 in. 12 in. J Total Stories (max.)3 3 stories 3 stories 4 stories 5 stories 4 stories 4 stories 5 stories no maximum If located within a community activity node, fronting Foothill Blvd or Haven Ave, or as approved consistent with chapter 17.138 (Large Site Development) 5 stories 5 stories 7 stories PARKING SETBACKS (MIN.) Surface Parking, Front, or Street Side if located on a Transit Priority Street K 25 ft. from building facade 30 ft. 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. 50 ft. Surface Parking, Street Side (if not located on a Transit Priority Street) L 25 ft. from building facade 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. TABLE 17.130.060-1 ALLOWED BUILDING TYPES BY ZONE Form-Based Zones Building Type Section NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Fourplex 17.130.060.A Attached Flex 17.130.060.B Main Street 17.130.060.C Rowhouse 17.130.060.D Courtyard Building 17.130.060.E Multiplex 17.130.060.F Mid-Rise Building 17.130.060.G High-Rise Building 17.130.060.H Estate 17.130.060.I Extra Large House 17.130.060.J Page 685 of 882 Building Type Allowed | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 19 Large House 17.130.060.K Page 686 of 882 BUILDING MASSING A. Fourplex A fourplex is a single two-story house-scale building with four attached/stacked units. Building facades face the street and entrances to units may be either shared or NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 A Width Min, 60 ft, Max 100 ft B Depth Min. 90 ft BUILDING PLACEMENT Primary Building (All Attached Units) Accessory Structures D Interior Side Setback Min. 3 ft Rear Setback None Building Separation Min 10 ft BUILDING HEIGHT Primary Building (All Attached Units) To eave/top of parapet Max. 22 ft Overall Max. 30 ft Accessory Structures individual. Parking is provided in detached garages or carports and accessed from a rear lane or alley. Primary Building (All Attached Units) E Width Max. 60 ft F Depth Max. 50 ft Detached Garage Overall Max. 1-story 20 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Build-to-Lines See Table 17.130.0560-1 C Interior Side Yard Setback Min. 10% of lot width Rear Yard Setback None DEVELOPMENT SITE SIZE ZONES PERMITTED Area Max. 800 sq ft total for detached garages G Maximum Dimension (in any direction) 40 ft BUILDING ENTRANCES AND ACCESS Individual Entrances Must face the primary frontage area Shared Entrances Must face a private frontage area or a walkway leading directly to a private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 50% of site OPEN SPACE H Common Usable Open Space, Area Min. 300 sq ft I Common Usable Open Space, Minimum Dimension (in any direction) 15 ft Page 687 of 882 B. Attached Flex The attached flex building type is a small to medium- sized building that supports a mix of residential and/or non- residential uses in a range of building, entry and facade forms. Individual units face the street in a side- by-side configuration. Attached flex also supports single- ownership live/work buildings or mixed-use with ground floor commercial and units on upper floors. Parking may be attached or detached and is accessed from a rear lane. NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 25 ft, 32 ft on corner lots; Max. 100 ft B Depth Min. 75 ft BUILDING PLACEMENT Primary Building (All Attached Units) Build-to-Line See Table 17.130.0560-1 C Interior Side Yard Setback 0 ft, Min. 5 ft at end of row of attached buildings Rear Yard Setback Min. 5 ft Accessory Structures D Interior Side Setback None Rear Setback None Building Separation Min 8 ft BUILDING HEIGHT Primary Building (All Attached Units) To eave/top of parapet Max. 35 ft Overall Max. 42 ft Accessory Structures Primary Building (All Attached Units) E Width Max. 100 ft; max 50 ft per attached unit F Depth Max. 60 ft Detached Garages Overall Max. 1-story | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 21 ZONES PERMITTED BUILDING MASSING G Width Max. Width of unit H Depth Max. 24 ft BUILDING ENTRANCES AND ACCESS Nonresidential Entrances Must face the private frontage area Residential Entrances, Shared or Individual Must face a private frontage area or a walkway leading directly to a private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 75% of site OPEN SPACE I Common Usable Open Space, Area Min. 100 sq ft per unit Common Usable Open J Space, Minimum Dimension (in any direction) 10 ft Page 688 of 882 BUILDING ENTRANCES AND ACCESS BUILDING MASSING BUILDING HEIGHT BUILDING PLACEMENT CE2 CE1 ME1 ME2 CO1 CO2 NE2 NG3 C. Main Street The Main Street building type is a medium-sized structure that fosters a continuous walkable pedestrian environment. The ground floor supports active retail and restaurant spaces with shopfront frontages that wrap corners to enhance walkability. Parking is located to the rear of buildings, and abutting Main Street building types are encouraged to share parking facilities. C ZONES PERMITTED DEVELOPMENT SITE SIZE A Width Min. 25 ft, Max. 180 ft B Depth Min. 65 ft Build-to-Line See Table 17.130.0560-1 C Width Max. 180 ft D Depth Max. 100 ft Entrances Must face the private frontage area Main Street frontages exceeding 150 ft in width must Interior Side Yard Setback Rear Yard Setback None Min. 5 ft Required Paseos be interrupted by a paseo that connects the frontage area to the parking area. To eave/top of parapet Overall Max. 35 ft Max. 40 ft 22 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 689 of 882 Build-to-Line See Table 17.130.0560-1 C Interior Side Yard Setback Min. 5 ft at end of row of attached units Rear Yard Setback Min. 5 ft D. Rowhouse Rowhouse buildings are composed of two to eight attached individual rowhouse units with individual entries along the street frontage and ground-level private open space for each unit. Rowhouses support higher residential densities at a neighborhood-scale and are typically located along medium-intensity neighborhood NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 and city corridors, near a neighborhood center, or within a mixed-use zone. Parking may be located on the ground floor of the primary structure or in detached garages at the rear of the development site. Vehicular access is provided from an alley or a shared internal drive aisle. This type is also known as Townhouse. Primary Building (Row of Attached Units) D Width Max. 240 ft E Depth Max. 50 ft Unit F Width Max. 30 ft t Primary Building (All Attached Units) Detached Garages Accessory Structures Interior Side Setback None Rear Setback None Building Separation Min. 10 ft BUILDING HEIGHT Primary Building (Row of Attached Units) To eave/top of parapet Max. 32 ft Overall Max. 40 ft Accessory Structure Overall Max. 1-story | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 23 BUILDING MASSING DEVELOPMENT SITE SIZE A Width Min. 60 ft, Max. 250 ft B Depth Min. 60 ft BUILDING PLACEMENT Width Width of unit Depth Max. 24 feet BUILDING ENTRANCES AND ACCESS Individual Entrances Must face the private frontage area Rear Lane or Shared Driveway Required where possible LOT COVERAGE Maximum 75% of site OPEN SPACE G Private Open Space, Area Min. 100 sq ft per unit Private Usable Open Space, H Minimum Dimension (in any direction) 8 ft Page 690 of 882 E. Courtyard Building A courtyard building is comprised of multiple attached and/or stacked dwelling units, accessed from one or more shared courtyards. Courtyard buildings are typically one- unit deep with individual entrances facing the shared courtyard. ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 The shared courtyard is common open space and replaces the need for private rear yards. This type is typically integrated into medium and high intensity walkable neighborhoods and can be applied in non-residential contexts. BUILDING MASSING D Width Max. 140 ft E Depth Max. 120 ft BUILDING ENTRANCES AND ACCESS Entrances Residential entrances must face courtyard or private frontage area OPEN SPACE/COURTYARD F Width Min. 25 ft, Max. 50 ft G Depth Min. 25 ft, Max. 75 ft A courtyard may satisfy the open space requirement if the courtyard is open and accessible to the public and is consistent with the applicable requirements in chapter 17.134 (Public Open Space). 24 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | DEVELOPMENT SITE SIZE A Width Min. 80 ft, Max. 136 ft B Depth Min. 60 ft BUILDING PLACEMENT Build-to-Line See Table 17.130.0560-1 C Interior Side Yard Setback Min. 8 ft Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 42 ft Overall Max. 52 ft Page 691 of 882 DEVELOPMENT SITE SIZE BUILDING MASSING F. Multiplex A multiplex is a medium-sized building that typically consists of five to 24 stacked units (more if consistent with the base zone density), typically with one shared entry and a double-loaded corridor configuration. Multiplexes may also take the form of stacked flats with individual entries to the exterior. Parking is accessed from a rear lane or side street where possible and may be surface, detached, or attached. Attached parking may be in shared or individually secured garages. This type is scaled to fit within medium intensity walkable neighborhoods, corridors, and districts. Primary Building (All Attached Units) | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 25 ZONES PERMITTED A Width Min. 60 ft, Max. 176 ft B Depth Min. 60 ft BUILDING PLACEMENT Build-to-Line See Table 17.130.0560-1 C Interior Side Yard Setback Min. 8 ft Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 42 ft Overall Max. 52 ft D Width Max. 160 ft E Depth Max. 80 ft BUILDING ENTRANCES AND ACCESS Entrances Must face the private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 75% of site COMMON OPEN SPACE F Common Usable Open Space, Area Min. 300 sq ft Common Usable Open G Space, Minimum Dimension (in any direction) 15 ft NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Page 692 of 882 G. Mid-Rise A mid-rise building is a medium-intensity building intended to accommodate a mix of uses and is a primary component of main street and corridor urban form. This type typically supports retail, service, or residential supportive uses on the ground floor and office or residential uses on upper floors. Mid-rise buildings can also accommodate single use development. On-site parking is typically structured and may be located underground, within a podium structure, or on the ground floor. Where ground floor or above-ground structured parking is provided on-site, it must be screened from view or “wrapped” as required in section 17.130.030.L, above. ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 26 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | C Width Max. 400 ft Max. 390 ft SPACE Open Space, Area BUILDING MASSING BUILDING PLACEMENT Interior Side Yard Setback Rear Yard Setback BUILDING HEIGHT See Table 17.130.0560- 1 None Max. 80 ft Max. 92 ft Page 693 of 882 H. High-Rise A high-rise building is a high-intensity building intended to accommodate a mix of uses and is a primary component of corridor urban form. This type typically supports retail, service, or residential supportive uses on the ground floor and office or residential uses on upper floors. High-rise buildings can also accommodate single use development. On-site parking is typically structured and may be located underground, within a podium structure, or on the ground floor. Where ground floor or above-ground structured parking is provided on-site, it must be screened from view or “wrapped” as required in section 17.130.030.L, above. No Maximum | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 27 ZONES PERMITTED BUILDING MASSING C Width Max. 400 ft D Depth Max. 390 ft OPEN SPACE E Common Usable Open Space, Area Min. 30 sq. ft. per unit, in no case more than 3,000 sq ft. Common Usable Open Space, Minimum Dimension (in any direction) 20 ft NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 150 ft, Max. 400 ft B Depth Min. 150 ft, Max. 400 ft BUILDING SETBACKS Build-to-Line See Table 17.130.0560-1 Interior Side Yard Setback None Rear Yard Setback Min. 10 ft BUILDING HEIGHT Page 694 of 882 B Depth Min. 120 ft BUILDING PLACEMENT Primary building C Build-to-Line See Table 17.130.0560-1 D Interior Side Yard Setback Min. 15% of lot width E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 10 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT To eave/top of parapet Max. 24 ft Overall Max. 36 ft ZONES PERMITTED I. Estate The standards of this section apply to the Estate Building Type. ME1 ME2 CO1 CO2 CE2 A Width Min. 100 ft, (corner lots add 15’ to min.) 28 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | DEVELOPMENT SITE SIZE BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 20 ft Secondary building(s) Width Max. 30 ft Depth Max. 30 ft Height Max. 36 ft LOT COVERAGE Maximum 25% of site OPEN SPACE Private Usable Open Space, Area Min. 25 % of the site Private Usable Open Space, Minimum Dimension (in any direction) 30 ft NE2 NG3 CE1 Page 695 of 882 A. Site Organization / Massing 1. Garages are Secondary Buildings, and may face any direction. 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space 1. Yard area is required for outdoor living, dining and play. C. Access 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. 4. Circular Drives are permitted. D. Garages and Driveways 1. Maximum exterior width: 50% of lot width 2. Garages may be attached or detached 3. Circular Drives, where applicable, require a minimum 45’ Primary setback from Property Line to building face. Circular drives require an inner green half-circle, differentiating the drive from the rest of the front yard, which shall be no less than 60’ wide and with a depth at least 1/2 the width. Spanish Revival house with a port cochere. Circular drives can provide drop-offs or access to garages, as long as garage setback of 25’ from front of primary mass is maintained. Corner lot fronts each street with balanced architectural expressions on each facade. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 29 Page 696 of 882 DEVELOPMENT SITE SIZE J. Extra Large House The standards of this section apply to the Extra Large House Building Type. ME1 ME2 CO1 CO2 CE2 A Width Min. 80 ft, Max. 100 ft 30 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | ZONES PERMITTED B Depth Min. 120 ft BUILDING PLACEMENT Primary building C Build-to-Line See Table 17.130.060050-1 D Interior Side Yard Setback Min. 15% of lot width E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 10 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT To eave/top of parapet Max. 24 ft Overall Max. 36 ft BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 20 ft Secondary building(s) Width Max. 30 ft Depth Max. 30 ft Height Max. 36 ft LOT COVERAGE Maximum 30% of site OPEN SPACE Private Usable Open Space, Area Min. 25 % of the site Private Usable Open Space, Minimum Dimension (in any direction) 30 ft NE2 NG3 CE1 Page 697 of 882 A. Site Organization / Massing 1. Garages are Secondary Buildings, and may face any direction. 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space 1. Yard area is required for outdoor living, dining and play. C. Access 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. 4. Circular Drives are permitted. D. Garages and Driveways 1. Maximum exterior width: 50% of lot width 2. Garages may be attached or detached 3. Circular Drives, where applicable, require a minimum 45’ Primary setback from Property Line to building face. Circular drives require an inner green half-circle, differentiating the drive from the rest of the front yard, which shall be no less than 60’ wide and with a depth at least 1/2 the width. Articulating separate roofs on different masses helps to breakdown the size of a large house. A gabled, projecting front wing, a balcony and a raised porch on the front facade all contribute to the privacy of the front entrance of this home. Houses on Large Lots can provide front drives to garages behind the primary mass. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 31 Page 698 of 882 B Depth Min. 110 ft BUILDING PLACEMENT Primary building C Build-to-Line See Table 17.130.060050-1 D Interior Side Yard Setback Min. 15% of lot width or 10 ft E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 5 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT To eave/top of parapet Max. 24 ft Overall Max. 36 ft ZONES PERMITTED K. Large House The standards of this section apply to the Large House Building Type. ME1 ME2 CO1 CO2 CE2 A Width Min. 60 ft, Max. 80 ft 32 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | DEVELOPMENT SITE SIZE BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 15 ft Secondary building(s) Width Max. 30 ft Depth Max. 30 ft Height Max. 36 ft LOT COVERAGE Maximum 35% of site OPEN SPACE Private Usable Open Space, Area Min. 25 % of the site Private Usable Open Space, Minimum Dimension (in any direction) 25 ft NE2 NG3 CE1 Page 699 of 882 A. Site Organization / Massing 1. Garages are Secondary Buildings, and may face any direction. 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space 1. Yard area is required for outdoor living, dining and play. C. Access 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 33 Page 700 of 882 34 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 701 of 882 17.132 Building Entrances and Facades 17.132.010 Introduction The purpose of this chapter is to establish standards for all building entrances and facades within the form- based zones. Building entrances and facades are the components of a building’s private frontage that define the transition to the public frontage (i.e., the street and sidewalk). These standards supplement the standards for each form-based zone where the building entrance and facade types are allowed. They ensure that development establishes or reinforces the character and scale of the city’s districts, centers, corridors, and neighborhoods. 17.132.020 Applicability A. This chapter applies to all projects subject to this article. The standards in this chapter must be considered in combination with the standards in the applicable zone (see chapter 17.130 (Zone and Building Standards)). B. If there is a conflict between the standards of this chapter and those of another article of this title, this chapter supersedes, unless otherwise noted. C. The development of public facilities, including public education), transportation, communications, and/or infrastructure facilities is exempt from this Chapter. 17.132.030 Applicable to All This subsection applies to all building entrances and facades listed in this section. A. Building Entrance and Facade Types. Table 17.132.030-1 (Allowed Building Entrance and Facade Types by Zone) specifies the allowed building entrance and facade types by zone. Building entrance and facade types not listed are not allowed in that zone. The standards for each building entrance and facade type are included in this chapter. B. Minimum Building Entrance and Facade Type Required. Projects subject to the requirements of this article must provide at least one building entrance and facade type on each primary and secondary building facade selected from the types allowed in the zone. C. Encroachments and Projections. 1. The encroachment and projection standards of section 17.34.040.E (Allowed Encroachments or Projections Into Required Yards) apply, except when in conflict with this section. 2. Architectural elements, including balconies, bay windows, eaves, and chimneys may project maximum distance of 3 feet into required yards, provided they remain a minimum 2 feet from the development site line. 3. If there is a conflict between the encroachment and projection standards of Sections 17.132.040, 17.132.050, and 17.132.060 and other sections in this title, this chapter supersedes. Building Entrance and Facade Type Allowed | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 35 TABLE 17.132.030-1 ALLOWED BUILDING ENTRANCE AND FACADE TYPES BY ZONE Form-Based Zones Building Entrance and Facade Type Section Neighb. Estate 2 Neighb. General 3 Zone (NG3) Center 1 Zone (CE1) Mixed Employment 1 Zone (ME1) Mixed Employment 2 Zone (ME2) Corridor 1 Zone (CO1) Corridor 2 Zone (CO2) Center 2 Zone (CE2) Small Front Yard and Porch, Stoop Variations 17.132.040 Shopfront and Gallery, Arcade, Terrace, and Recessed Variations 17.132.050 Forecourt 17.132.060 Page 702 of 882 The picture can't be displayed. 17.132.040 Small Front Yard and Porch and Stoop Variations The small front yard building entrance and facade type may include a small, elevated or at-grade garden located in the frontage area, often enclosed by a low wall located near the property line(s). Without an enclosed front yard, either the yard or the front entrance must be elevated by a minimum of 18 inches. Small front yards may also include a porch or stoop variation. All small front yards and variations must be consistent with the general standards below. Where a variation is used, the standards for porch or stoop apply in addition to the general standards. NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 ELEMENTS OF SMALL FRONT MIN. MAX. YARD AND VARIATIONS A Height, Wall at Frontage - 3 ft. Height, Planter/Fence - 3 ft. Height, Elevated Yard - 3 ft. Grading on Front Yard 0.5% 5% B Ground Floor Above Grade at Building Frontage 18 in. 3 ft. Clear distance to development site line 2 ft. C Depth (not including stairs) 6 ft. - D Width 10 ft. - E Height, Clear 8 ft. 12 ft. F Depth (not including stairs) 4 ft. 8 ft. G Depth, Entry Recession 6 in. 6 ft. H Width 4 ft. 8 ft. I Height, Above Grade 18 in. - A. Small Front Yard Example of small front yard 36 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | ZONES PERMITTED Page 703 of 882 B. Small Front Yard with Porch Variation C. Small Front Yard with Stoop Variation Section Example of small front yard with porch variation Example of small front yard with stoop variation | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 37 Page 704 of 882 17.132.050 Shopfront and Gallery, Arcade, Terrace, and Recess Variations The shopfront entrance and facade type includes a large opening in the facade at or near the sidewalk, enclosed with doors and fenestration in a storefront assembly. The primary entrance provides direct access to the ground floor use(s). The required architectural elements comprising the storefront are transparent windows and doors, transom windows, and a solid shopfront base. Optional elements include awnings, cantilevered shed roof or canopy, signage, lighting, and cornices. The shopfront can be used in conjunction with a gallery, arcade, terrace, and/or recessed variation. All shopfronts and variations must be consistent with the general standards below. Where a variation is used, those standards apply in addition to the general standards. A. Shopfront Plan Section Example of shopfront 38 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 ELEMENTS OF SHOPFRONTS MIN. MAX. AND VARIATIONS A Height Clear, Top of Transom 12 ft. 16 ft. B Width of Shopfront Bay(s) 10 ft. 25 ft. Transparency, Ground Floor 70% 90% C Depth 4 ft. - D Setback from Curb 2 ft. - Height, Clear, Bottom of Projection 8 ft. 10 ft. F Height, Clear 12 ft. 16 ft. G Depth, Facade to Interior Column Face 12 ft. 16 ft. H Setback from Curb 2 ft. 6 ft. Column Height 4 times column width 5 times column width I Length - 150 ft. J Distance Between Access Points - 75 ft. K Depth 8 ft - Average Grade Max. 3 ft. higher or lower than the adjacent sidewalk or Public Open Space. Walls may extend an additional 2 ft. in height. Fence/railing height per California Building Code (CBC). L Depth - 16 ft. M Width, Bay(s) 16 ft. 25 ft. Page 705 of 882 B. Shopfront with Arcade Variation C. Shopfront with Gallery Variation Plan Section Plan Section Example of shopfront with arcade variation Example of shopfront with gallery variation | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 39 Page 706 of 882 E. Shopfront with Recess Variation Plan Example of shopfront with terrace variation Example of shopfront with recess variation 40 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 707 of 882 17.132.060 Forecourt This building entrance and facade type a large opening in the facade at or near the sidewalk with a portion (usually the center portion) set back, creating a courtyard space. The space is typically used as an entry court, shared garden area, or additional shopping or restaurant seating area. The forecourt can be used in conjunction with a range of land uses and must be consistent with the standards below. ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 FORECOURT ELEMENTS MIN. MAX. A Width 15 ft. - B Depth 15 ft. - Ratio, Width-to-Height - 2:1 Transparency, Ground Floor 50% 90% C Ground Floor Above Grade at Building Frontage None 3 ft. A. Forecourt Plan Section Example of forecourt | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 41 Page 708 of 882 42 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 709 of 882 17.134 Public Open Space 17.134.010 Introduction The purpose of this chapter is to establish standards for public open space types within the form-based zones. The standards in this chapter are intended to ensure that publicly accessible open space is provided to reinforce walkable environments. Open space is a public benefit intended for use by the general community and is distinct from private or common open areas typically required as part of a residential project. 17.134.020 Applicability This chapter applies to all projects subject to the requirements of this article. The standards in this chapter must be considered in combination with the standards in the applicable form-based zone (see chapter 17.130 (Zone and Building Standards)). 17.134.030 Applicable to All This subsection applies to all open space types listed in this section. A. Public Open Space Types. Table 17.134.030-1 (Allowed Public Open Space Types by Zone) specifies the allowed open space types by form-based zone. Public open space types not listed are not allowed in that zone. The standards for each open space type are included in this chapter. B. Minimum Open Space Required 1. Projects less than three acres in site size must provide open spaces as follows: a. All residential projects including 20 or more units must provide a minimum of one open space type. b. All non-residential or mixed-use projects including two or more structures, or over 10,000 square feet of building space, must provide a minimum of one open space type. 2. All projects three acres or greater in total site area must provide at least two open space types. C. General Characteristics. 1. Natural. Public open spaces with natural character must be designed in a natural manner with no formal arrangement of elements. 2. Formal. Public open spaces with a formal character must be designed in a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. 3. Informal. Open spaces with an informal character must be designed to have a mix of formal and natural characteristics. D. Design Criteria. An area used for open space must comply with the following: 1. Unless the land includes sensitive natural resources, a public open space area must be readily accessible and usable. 2. The area must be developed using any practical combination of high-quality plant and hardscape materials such as bricks, stone, concrete, permeable paving, or tile. 3. The surface of the public open space must be suitable for outdoor activities, such as a lawn or paving for designated activities. 4. Seating areas and plazas must be located in areas with good solar exposure and wind protection. 5. Public open spaces shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, for example trees and other landscaping, shade structures, drinking fountains, water features, public art, trash receptacles, information kiosks, or performance areas. E. Objective Design Standards. Projects subject to the provisions of this section must also comply with article VII (Design Standards and Guidelines). | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 43 Page 710 of 882 TABLE 17.134.030-1 ALLOWED OPEN SPACE TYPES BY ZONE Form-Based Zone Open Space Type Section Neighb. Estate 2 Neighb. General 3 Zone (NG3) Center 1 Zone (CE1) Mixed Employment 1 Zone (ME1) Mixed Employment 2 Zone (ME2) Corridor 1 Zone (CO1) Corridor 2 Zone (CO2) Center 2 Zone (CE2) Town Square 17.134.040 Neighborhood Park 17.134.050 Neighborhood Green 17.134.060 Pocket Park 17.134.070 Paseo 17.134.080 Open Space Type Allowed 44 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 711 of 882 17.134.040 Town Square A town square is a formal open space area with landscaping, hardscaping, and other amenities. A town square is located at the intersection of major streets or pedestrian paths, is a highly visible, and serves as a gathering space, supporting civic and commercial activities such as farmers’ markets, concerts, and art fairs. ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 TOWN SQUARE STANDARDS Size Min. 1.5 ac., Max. 2 ac. Context Must be defined on at least three sides by streets with sidewalks. Access Must be directly accessible from all abutting rights of way. Crosswalks required at major intersections. Landscape and Design Must include shade trees, other landscaping measures such as planted areas, turf area, and ground cover; a central hardscape area for events; and connected hardscape paths for convenient movement through the space. Landscaping and site design must create visually and functionally separate spaces, or “rooms,” within the square. Amenities Must include amenities such as benches, play structures, chairs, tables, and drinking foun- tains. May include structures such as gaze- bos, monuments, bandstands, and kiosks. Examples of town squares. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 45 Page 712 of 882 17.134.050 Neighborhood Park A neighborhood park is a landscaped area for unstructured and structured recreation located central to a residential neighborhood. Neighborhood parks may include passive open areas, picnic areas, playgrounds, recreational fields, or other programming/event spaces. NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 NEIGHBORHOOD PARK STANDARDS Size Min. 0.5 ac., Max. 1.5 ac. Context Must be defined on at least three sides by a street with sidewalks or a paseo. Access Must be directly accessible from all abutting rights of way. Crosswalks required at major intersections. Landscape and Design Must include shade trees and other landscaping measures such as planted areas, turf area, and ground cover. May include hardscape paths for convenient movement through the space. Amenities Must include amenities such as benches, chairs, tables, playgrounds, and drinking fountains. May provide active recreation facilities such as soccer fields or basketball courts as well as small buildings such as youth hut/clubhouse. Examples of neighborhood parks. 46 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | ZONES PERMITTED Page 713 of 882 ZONES PERMITTED 17.134.060 Neighborhood Green A neighborhood green is an informal small space within a neighborhood defined by streets, alleys, paseos, and/or building frontages that accommodates passive recreation and children’s play. While greens may include playgrounds, they are intended to be informal spaces with no dedicated recreational use. NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 NEIGHBORHOOD GREEN STANDARDS Size Min. 0.25 ac., Max. 0.75 ac. Context Must be defined on at least two sides by a street with sidewalks, an alley, or a paseo. Access and Frontages Must be directly accessible from abutting rights of way. Adjacent buildings must front onto the green. Landscape and Design Must include shade trees and other landscaping measures such as planted areas, turf area, and ground cover. Amenities Typically designed as passive open space. May include community gardens, playgrounds, public art, and amenities such as benches, chairs, tables, and drinking fountains. Examples of neighborhood greens. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 47 Page 714 of 882 ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 POCKET PARK STANDARDS Size No1,000 sq ft min., max. 0.25 ac. Context Must be defined on one sides by a street with sidewalks or a paseo. Access Must be directly accessible from all abutting rights-of-way and alleys. Landscape and Design Must include landscaping measures such as planted areas, turf area, and ground cover. Amenities May include amenities such as benches, chairs, tables, play structures, and drinking fountains. 17.134.070 Pocket Park A pocket park is a small space tucked into a mid-block space interspersed within neighborhoods or urban areas. Pocket parks are generally intended for quiet, passive recreation and may include small gardens, open shelters, or other passive recreational amenities. Examples of pocket parks. 48 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 715 of 882 17.134.080 Paseo A paseo is a pedestrian way that provides mid-block connections. A paseo should by employed in blocks with large perimeters to enhance connectivity within neighborhoods, between residential and urban areas, and between open spaces, as well as to provide opportunities for passive recreational activities such as bicycling and jogging. Paseos also provide locations for store frontages, patios, or outdoor dining in appropriate areas. ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 PASEO STANDARDS Width Min. 10 ft, max. 25 ft. Context Must connect to streets with side- walks and/or alleys at both ends. Access Where paseos are aligned across adja- cent blocks, mid-block crosswalks are re- quired. Abutting development may but is not required to front onto the paseo. Landscape Must include regularly-spaced trees and a continuous paved path or trail. Amenities May include amenities such as benches, chairs, tables, public art, and drinking fountains. Examples of paseos. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 49 Page 716 of 882 50 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 717 of 882 17.136 Land Use Standards 17.136.010 Purpose and Applicability A. This chapter establishes the land uses allowed in each form-based zone and any specific use standards necessary to implement walkable places. B. The standards in article V (Specific Use Requirements). apply to uses allowed in this chapter. C. Land uses are defined in chapter 17.32 (Allowed Use Descriptions). D. The use regulations in section 17.130.040 (Ground Floor Use Requirements) supersede the requirements of this chapter. 17.136.020 Allowed Land Uses A. Allowed Uses. Table 17.136.020-1 (Permitted Land Uses in the Form-Based Zones) identifies the allowed land uses and corresponding permit and entitlement requirements in the form-based zones. B. Permit Requirements. A land use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning permits or entitlements identified in Table 17.136.020-1 (Permitted Land Uses in the Form-Based Zones) include: 1. Permitted (P). A land use shown with a “P” indicates that the land use is permitted by right in the designated zone, subject to compliance with all applicable provisions of this title (e.g., development standards) as well state and federal law. 2. Minor Use Permit (M). A land use shown with an “M” indicates that the land use is permitted in the designated zone upon issuance of a minor use permit from the designated approving authority, subject to compliance with all applicable provisions of this title (e.g., development standards) as well as state and federal law. 3. Conditionally permitted (C). A land use shown with a “C” indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable provisions of this title (e.g., development standards) as well as state and federal law. 4. Not permitted (N). A land use shown with an “N” is not allowed in the applicable zone. Additionally, uses not shown in the table are not permitted, except as otherwise provided in this title. C. A project that includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project. D. Regulations in chapter 17.30.020 (Classification of Land Uses) apply to this chapter. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 51 Page 718 of 882 Formatted: Font: 8 pt Formatted: Font: 8 pt 52 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES Land Use Form-Based Zone NE-2 NG3L NG3 CE1 CE1- ME1 ME2 CO1 CO2 CE2L CE2 SWC Residential Uses Accessory Dwelling Unit P P P P P P P P P P P Adult Day Care Home M M M M M M M M M P P Caretaker Housing P P C C C P P C C P P Dwelling, Multi-Family 1 N P P P P P P P P P P Dwelling, Single-Family P N N N N N N N N N N Dwelling, Two-Family P P P P P N N N N N N Emergency Shelter N N N C C P P P N N N Family Day Care Home P P P P P P P P P P P Group Residential N P C C C N C P P P P Home Occupation 2 P P P P P P P P P P P Live-Work Facility N P P P P P P P P P P Residential Care Facility N P P P P P P P P P P Residential Care Home P P P P P P P P P P P Single-Room Occupancy Facility N N N N N N N N P P P Supportive Housing P P P P P P P P P P P Transitional Housing P P P P P P P P P P P Low Barrier Navigation Center N P P P P P P P P P P Agricultural and Animal-Related Uses Animal Keeping 3 M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P Microscale Agriculture N N M M M M M M M M M Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use N M M M M M M M M M M Community Center/Civic Use N N M M M M M M M M M Community Garden P P P N N N N N N N N Convention Center N N N M M M M M M N M Indoor Amusement/ Entertainment Facility N N N P P M M P P M P Indoor Fitness and Sports Facility— Large N M C M M M M M M M M Indoor Fitness and Sports Facility— Small Library and Museum N P P M M P P P P P P N P P P P P P P P P P Key P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted Formatted Table Page 719 of 882 Formatted Table Key P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 53 TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES Land Use Form-Based Zone NE-2 NG3L NG3 CE1 CE1- ME1 ME2 CO1 CO2 CE2L CE2 SC Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses (cont.) Outdoor Commercial Recreation N C M M M M M M M C C Park and Public Plaza P P P P P P P P P P P Public Safety Facility M M M M M M M M M M M School, Academic (Private) M M M M M M M M M M M School, Academic (Public) P P P P P P P P P P P School, College/University (Private) N M M M M M M M M M M School, College/University (Public) N M M M M M M M M M M Schools, Specialized Education and Training/Studio N M M M M M M M M M M Theaters and Auditoriums N N N N N M M M P M P Tutoring Center—Large N N M M M M M M M M M Tutoring Center—Small N P P P P P P P P P P Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N N P P P P M M Park and Ride Facility N N N N N M M M N N N Parking Facility N N C C C C C C C N N Transit Facility N N N N N C C C C C C Utility Facility and Infrastructure— Pipelines 4 P P P P P P P P P P P Service and Office Uses Adult Day Care Facility N M M N N M M M N M M Ambulance Service N M M M M M M M N N N Animal Sales and Grooming N P P P P P P P P P P Banks and Financial Services N P P P P P P P P P P Business Support Services N P P P P P P P P P P Check Cashing Business 5 N N N N N P P P P N N Child Day Care Facility/Center N M M P P M M M M M P Hotel N N N M M M M M M M M Kennel, Commercial N N N N N N N M M N N Formatted: Indent: Left: 0" Page 720 of 882 TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES Land Use Form-Based Zone NE-2 NG3L NG3 CE1 CE1- ME1 ME2 CO1 CO2 CE2L CE2 SC Service and Office Uses (cont.) Maintenance and Repair, Small Equipment N N N N N N P P P N N Massage Establishment 7 N P P P P P P P P P P Massage Establishment, Ancillary 7 N P P P P P P P P P P Medical Services, Extended Care N N N N N P P P M M M Medical Services, General N P P P P P P P P P P Medical Services, Hospitals N N N C C C C M M C C Mortuary/Funeral Home N N M N N M M M N N N Office, Business and Professional N P P P P P P P P P P Office, Accessory N P P P P P P P P P P Pawnshop 5 N N N N N N N M M N N Personal Services M P P P P P P P P P P Tattoo Shop 5 N N N N N N N M M M M Veterinary Facility N P P M M M M P M M M Alcoholic Beverage Sales N C M M M M M M M M M Bar/Nightclub N C M M M M M M M C M Consignment Store N M M M M M M M M M M Convenience Store N P P P P P P P P N P Drive-In and Drive-Through Sales and Service 6 N C C N N N N C8 C8 N N EV Showroom and Indoor Sales N C C P P M M P P P P EV Showroom and Outdoor Sales N N N C C C P P P C P Feed and Tack Store N N P N N N N N N N N Garden Center/Plant Nursery N C P P P P P P P C P Grocery Store/Supermarket M P P P P P P P P P P Hookah Shop N N N N N N N M M M M Home Improvement Supply Store N C P P P P P P P P P Liquor Store N M M M M M M M M M M Mobile Food Vehicles N P P P P P P P P P P Key P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted 54 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Formatted Table Formatted: Indent: Left: 0" Retail Uses Page 721 of 882 Formatted Table Formatted Table Formatted: Superscript Commented [AP2]: Discuss inclusion of “Major” use construction is not allowed, only limited expansions Formatted Table Formatted: Superscript TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES Land Use Form-Based Zone NE-2 NG3L NG3 CE1 CE1- ME1 ME2 CO1 CO2 CE2L CE2 SWC Retail Uses (cont.) Restaurant, No Liquor Service M P P P P P P P P P P Restaurant, Beer and Wine M P P P P P P P P P P Restaurant, Full Liquor Service C M M M M M M M M M M Retail, Accessory P P P P P P P P P P P Retail, General M P P P P P P P P P P Retail, Warehouse Club N N N N N N P P P N N Secondhand Dealer N P P N N N N P N P P Smoke Shop 5 N N N N N N N M M M M Thrift Store 5 N P P P P P P P P N P Automobile and Vehicle Uses Auto Parts Sales N C N N N N N C C N N Automobile Service Stations N C N N N C C C C N N Car Washing and Detailing N C N N N N C C N N N Electric Vehicle Service Station with Lounge9 Vehicle Services, Minor N N M M N M N N N M M M M M M N M N N N N N Vehicle Services, Major N N N N M10 N N N N N N Industrial, Manufacturing, and Processing Uses 119 Maker Space/Accessory Maker Space N N N N N M P M M N N Manufacturing, Custom N N N N N C P N N N N Manufacturing, Food Processing N N N N N N C N N N N Manufacturing, Green Technology N N N N N C P N N N N Manufacturing, Light -– Small N N N N N M P N N N N Manufacturing, Light -– Large N N N N N N C N N N N Microbrewery N N N M N M M M M N N Printing and Publishing N N N N N N C N N N N Research and Development N N N N N P P N N N N Notes 1 See additional regulations for ground floor uses in section 17.130.040. 2 See additional regulations for home occupations in chapter 17.92. 3 See additional regulations for animal keeping in chapter 17.88. 4 Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a conditional use permit. 5 See additional regulations for special regulated uses in chapter 17.102. 6 See additional regulations for drive-in and drive-through facilities in chapter 17.90. 7 Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 8 Allowed with a conditional use permit only on sites with frontage on an auto priority street as defined in the General Plan | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 55 Formatted: Font color: Auto, Character scale: 100%, Not Expanded by / Condensed by Page 722 of 882 89 Allowed with a minor use permit only on sites with frontage on an auto priority street as defined in the General Plan. 10 MUP granted only for existing businesses within existing structures in operation prior to October 2023. Applies solely to CE1-SWC subszone. 911 See additional regulations for industrial uses in section 17.48.050. Key P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted 56 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Formatted: Font color: Auto, Character scale: 100%, Not Expanded by / Condensed by Page 723 of 882 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 57 Page 724 of 882 17.138 Large Site Development 17.138.010 Purpose and Applicability A. Purpose. This chapter establishes standards for sites that are three acres or larger in size in order to create new, interconnected places and neighborhoods and to reinforce walkable urban environments developed with a mix of residential, retail, entertainment, office, civic, and service uses within a compact, pedestrian friendly, and transit-supportive environment. Section 17.22.020 (Master Plan) may request an exemption from one or more of the requirements of this Chapter, subject to city council approval. 17.138.20 view Procedures A. Design Review. Development proposals must receive major design review approval in compliance B. Intent. The intent of this chapter is to: 1. Promote development patterns that support safe, effective, and multi-modal transportation options, including pedestrian, bicycle, automobile, and public transit; 2. Provide opportunities for automobile-oriented contexts to transform in walkable environments. 3. Reduce vehicle traffic and support transit by providing for a mixture of land uses, interconnected block and street networks, and compact community form; 4. Establish neighborhoods with a variety of housing types to serve the needs of a diverse population, 5. Promote the greater health benefits of walkable environments; and 6. Improve the physical character and quality of the general neighborhood and adjacent neighborhoods. C. Applicability. 1. These standards apply to development sites three acres or larger in size when any of the following are proposed: a. New or modified vehicular access to the site; b. New development or construction; c. New subdivision tract map; or d. An addition to existing building greater than 50 percent of the existing gross floor area. 2. Exception. Applicants for projects in the ME2 zone for which a master plan is prepared subject to the requirements and approval procedures of with article II (Land Use and Development Procedures) and the requirements of this chapter. B. Requirements. In addition to the application and project component requirements for Major Design Review of article II (Land Use and Development Procedures), applicants must: 1. Layout a block and thoroughfare network that connects to adjacent neighborhoods and/or corridor areas and is in compliance with section 17.138.030 (Site and Block Configurations); 2. Sites greater than six acres must provide a minimum of three building types, which are allowed in the zone, in compliance with section 17.130.060 (Building Type Standards). 3. Comply with the public open space standards in chapter 17.134 (Open Space); 4. Design the project with appropriate building types to create a physical transition in massing and scale to the surrounding areas, consistent with the standards in chapter 17.130 and section 17.138.030.D, below; and 5. Identify the proposed blocks and thoroughfares, open space types, and building types on a project site plan, consistent with section 17.138.020.C (Project Site Plan). C. Project Site Plan. 1. The project site plan must include the information: a. Site boundaries; b. Existing and proposed blocks; c. Proposed development sites; d. Existing and proposed thoroughfares, including alleys; 58 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.74" + Indent at: 0.74" fFoollromwainttged: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.5" Page 725 of 882 Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.74" + Indent at: 0.74" e. Existing and proposed pedestrian and bicycle connections; f. Existing and proposed open space(s); and g. Existing zone(s). 2. The project site plan is subject to the review and approval of the planning commission. If a project site plan is approved with a master plan, the project is approved by the city council. 17.138.030 Site and Block Configurations A. Block Size. 1. Individual block faces and the total block perimeter shall meet the standards established in Table 17.138.030-1 (Block Size). 2. If a block contains multiple zones, the most intense zone shall be used to establish the requirements for block size. 3. Blocks may be irregularly shaped (i.e., nonrectangular) provided they are still in compliance with the standards in Table 17.138.030-1 (Block Size). 4. Blocks may exceed the maximum allowed face length if a paseo is included, in compliance with section 17.134.090 (Paseo) and as follows See Figure 17.138.030-1: a. Paseos must cut through the entire block; b. Blocks must comply with maximum perimeter requirements; c. The block face length on either side of the paseo may not exceed the maximum in Table 17.138.030-1 (Block Size); d. The total block face length may not exceed 150 percent of the maximum in Table 17.138.030-1; and e. Maximum one paseo per block. B. Thoroughfares. Public or private thoroughfares define the publicly accessible circulation network that refines large sites into more interconnected environments. They provide multiple routes for vehicular, bicycle, and pedestrian circulation. 1. Design. a. Thoroughfares (public or private) must comply with City standards and be designed as public streets. b. Drive aisles not designed as streets do not constitute a thoroughfare and do not satisfy c. Thoroughfares within the project must be designed in a manner that is appropriate to their context, with the various elements of the right-of-way (e.g. travel lanes, sidewalk dimensions, etc.) balanced with the land uses and public frontages along the thoroughfare. Therefore, along the length of the thoroughfare, if the context changes, the design of the thoroughfare, especially with regard to pedestrian amenities, must also change. d. All required thoroughfares shall include: i. A landscape buffer between the right-of- way and frontage road; ii. At least one lane of on-street parking, either angled or parallel, that includes a minimum of two EV stations installed per block; iii. A recommended sidewalk width of 8 feet minimum; and iv. A recommended lane width of 10 feet minimum. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 59 the requirements of this section. TABLE 17.138.030-1 BLOCK SIZE Zone Block Face Length (max.) Perimeter (max.) Neighborhood General 2 (NE2) 700 ft. 2,400 ft Neighborhood General 3 (NG3) 500 ft. 1,600 ft. Center 1 (CE1) 400 ft. 1,400 ft. Mixed Employment 1 (ME1) 500 ft. 2,000 ft. Mixed Employment 2 (ME2) 500 ft. 2,000 ft. Corridor 1 (CO1) 500 ft. 1,700 ft. Corridor 2 (CO2) 500 ft. 1,700 ft. Center 2 (CE2) 400 ft. 1,400 ft. Page 726 of 882 e. The requirements for a frontage road is at the discretion of the Director of Engineering Services. f. The design of proposed new thoroughfares (public or private) shall be reviewed and approved by the Fire Marshal. Example of a thoroughfare 60 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 727 of 882 2. Multiway/Frontage Road Design. a. Where project sites or development sites exceed 500 feet along any right-of-way, a frontage road is required. b. All required frontage roads shall include: i. A landscape buffer between the right-of way and frontage road; ii. At least one lane of on-street parking, either angled or parallel, that is EV Ready along the length of the frontage road; and iii. A sidewalk a minimum of 8 feet in width. If Corridor Fronting Retail or Commercial Uses are required per Section 17.130.040, the sidewalk minimum shall be 12 feet in width. c. The requirements for a frontage road is at the discretion of the Director of Engineering Services. d. The design of proposed new multiways/frontage roads shall be reviewed and approved by the Fire Marshal. 3. External Connectivity. a. Thoroughfares must be arranged to connect from existing or proposed thoroughfares into adjoining properties whether the adjoining properties are undeveloped and intended for future development, or if the adjoining lands are developed and include opportunities for the connections. b. Thoroughfare rights-of-way must be extended to or located along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in subsection A (Block Size). c. The project site plan must identify all stub streets for thoroughfares and include a notation that all stub streets must connect with future thoroughfares on adjoining property. d. Cul-de-sacs are not allowed. C. Transitions. To facilitate a transition in building height, massing, and scale from corridors to adjacent residential neighborhoods, the following standards apply. 1. For projects with a lot depth 800 feet or greater which share a side or rear lot line with a zone with a lower maximum density or height limit, the following standards apply: a. Single-Family Adjacent: The maximum height for buildings on development sites which share the lot line is the maximum allowed by the building type or one story above the maximum allowed height of the adjacent zone, whichever is less. b. Multi-Family Adjacent: The maximum height for buildings on development sites which share the lot line is the maximum allowed by the building type or two stories above the maximum height of the adjacent zone, whichever is less. 2. The height restriction applies to the entirety of the building which is adjacent to the shared lot line. 3. Exemptions. Buildings which are entirely located 60 ft or greater from the shared lot line are not subject to the height restrictions of this subsection. 4. Additional building types that are not permitted in the base zone are allowed subject to a conditional use permit if the proposed building types are determined to be compatible in size and scale to the adjacent lower intensity zone. | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | 61 Page 728 of 882 J. Required Non-Residential Use. 1. Non-residential uses must occupy a minimum percent of the project building square footage as established in table 17.138.0302 (Non-Residential Use Mix). Non- residential uses provided in compliance with subsection 17.130.040(B) Corridor Fronting Ground Floor Use Restrictions may count toward the minimum requirement. 2. When in conflict with the Ground Floor Use restrictions in subsection 17.130.040(B) Corridor Fronting Ground Floor Use Restrictions and/or the minimum FAR standards in table 17.130.050-1 (Required Build-To-Line, Height, And Frontage Area), the most restrictive standards apply. TABLE 17.138.030-2 NON-RESIDENTIAL USE MIX Zone Minimum Corridor 1 (CO1) 20% Corridor 2 (CO2) 20% Center 1 (CE1) 33% Center 2 (CE2)* 33% *Does not apply to the Limited subzone 62 | CITY OF RANCHO CUCAMONGA DEVELOPMENT CODE | Page 729 of 882 ARTICLE IX. GLOSSARY Chapter 17.140 UNIVERSAL DEFINITIONS’ 17.140.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that are general in nature. (Code 1980, § 17.126.010; Ord. No. 855, § 4, 2012) 17.140.020 Universal definitions. Abutting means having lot lines or zone boundaries in common. Accessory dwelling unit. See Unit, accessory dwelling. Accessory structure. See Structure, accessory. Accessory use. See Use, accessory. Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area. Adjacent means any lot, structure, zone, etc. that shares a property line with another lot, structure, zone, etc. Agent means any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. Agriculture means the use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, or animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, excluding stockyards, slaughtering, or commercial food processing. Alley means a public thoroughfare, not exceeding 30 feet in width for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property. Allowed use. See Use, allowed. Alteration means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure. Alternative energy system. See Energy system, alternative. Automobile service station, accessory car wash means a building or structure that is associated with a service station, on the same property/parcel, that is utilized for washing automobiles and light trucks. The building/structure may be attached or detached to the primary structure such as a convenience store. Automobile service station, ancillary equipment means all equipment associated with the services that could be provided by a service station including air pumps, vacuums, and propane and/or equipment required by federal and State regulations such as vapor recovery systems. Automobile service station, canopy means an unenclosed overhead structure above the fuel pumps providing weather protection, shade, and may incorporate light fixtures to illuminate the area in the vicinity of the fuel island. Automobile service station, convenience store means a building associated with the fueling operations that provides one or a combination of the following: convenience services; retail sale of packaged food, drinks, etc. and automotive-related merchandise; and food/restaurant services. Page 730 of 882 Automobile service station, general means a facility that is primarily for the purpose of retail sales of fuel (gasoline, diesel, ethanol, etc.) for internal combustion powered and/or electricity for battery powered vehicles. Barn. Any building that is built and used for the purpose of animal-keeping, sheltering/housing of animals; storage of equipment, materials, and food used associated with the care of animals; and storage/parking of trailers used for the transportation of animals, and that will not be built and used for the purpose of storing/parking of automobiles, recreational vehicles (RVs), and/or off-road vehicles that are unrelated to the transportation of animals. Base density means the number of dwelling units allowed on the receiving site under the property’s current zoning without the use of residential development credits. Base district. See District, base. Basement means a portion of building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. Block means the area of land bounded by streets, highways, or railroad rights-of-way, except alleys. Building means any structure built for the support, shelter, or enclosure of persons, animals, fowls, chattels, or personal property of any kind. Building height means the vertical distance, excluding foundations or understructures, between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, and similar mechanical equipment. Building official means the head of the building and safety department of the city; shall include his or her deputies. Building site means a lot or contiguous lots of land in single, multiple, or joint ownership (exclusive of all rights-of-way and all easements, except open space easements, that prohibit the surface use of the property by its owner), which provides the area and open spaces required by this title for construction of a building or buildings, and which abuts a public or private street or alley, or easement determined by the planning director to be adequate for the purpose of access. Carnival means an event consisting of amusements which include, but are not limited to, merry-go- rounds, Ferris wheels, or other similar mechanical apparatus or rides; menageries; trained animal acts, circuses, animal rides, petting zoos, or similar animal exhibitions; acrobatic shows or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location, viewing of any such entertainment or amusement, participation in any of its activities, or purchase of food, drink or merchandise. Carport means a permanent roofed structure with no more than three enclosed sides used or intended to be used for automobile shelter and storage. Car show means an event where automobile, motorcycle, or any other form of motorized transportation is displayed. Arrangement, negotiation, or direct sales of vehicles are prohibited. Centerline means the centerline of a street as referred to in this Code shall mean the right-of-way centerline as established by the county engineer of the county, by the city engineer of any city within the county, by the state division of highways, or if no such centerline has been established and in any case in which foregoing definition is not applicable, the planning commission shall designate the centerline. Certified farmers market means a temporary use where the primary activity is the outdoor sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock, and that is certified by the state and operated in accordance with article 1, division 17, chapter 10.5 of the Agricultural Code. Page 731 of 882 Circus. See Carnival. City means the City of Rancho Cucamonga. Clear visibility triangle means the required clear cross-visibility area unobstructed by any structure or landscape between 36 inches and seven feet above the surface of the public sidewalk as follows (see Figure 17.140.020-1 (Clear Visibility Triangle)): • At any corner formed by the intersection of a driveway/alley and street, the cross-visibility area shall be a triangle having two sides ten feet long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two ends. • At any corner formed by the intersecting streets, the cross-visibility area shall be a triangle having two sides 20 feet long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two ends. FIGURE 17.140.020-1 CLEAR VISIBILITY TRIANGLE Commission means the planning commission of the city. Common, open space. See Open space, common. Community trail. See Trail, community. Conceptual development plan means a site plan which indicates conceptual ideas for such things as, but not limited to, building placement, circulation/access, drainage/grading, buffers, phased improvements, and landscaping. Concert. See Outdoor entertainment, live. Conditional use. See Use, conditional. Page 732 of 882 Contour grading. See Grading, contour. Conversion means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings thereon. Corner lot. See Lot, corner. Corner side yard. See Yard, corner side. Council means the city council of Rancho Cucamonga. County means the County of San Bernardino. Court means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building. Decibel or dBA means a unit of sound pressure level. Dedication, offered, means that portion of land that is irrevocably offered to the city for future public rights-of-way which has no prospective future date for construction to city standards and/or notice of completion. Density means the total number of dwelling units in a project site, divided by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site and shall not be literal to any division thereof. Design means: • Street alignments, grades, and widths; • Drainage and sanitary facilities and utilities, including alignments and grades thereof; • Location and size of all required easements and rights-of-way; • Fire roads and fire breaks; • Lot size and configuration; • Traffic access; • Grading; • Land to be dedicated for park or recreational purposes; and • Such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan. Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Development, mixed-use. The combination of a mix of land uses, such as, but not limited to, commercial and residential uses, in the same structure, parcel or project site, where the residential component is located either above (vertical mixed-use) or adjacent to (horizontal mixed-use) the nonresidential component. District, base, means a specifically delineated district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. Not more than one base district designation shall apply to the same portion of a lot. Driveway means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. Dwelling means a structure or portion thereof which is used for human habitation. Some example configurations are provided below (Figures 17.140.020-2 to 17.140.020-5) and include a single-family Page 733 of 882 dwelling and can be detached (as pictured below) or attached where a common wall is shared; an attached dwelling shares a common wall with one or more adjacent units; a semi-detached dwelling is typically two units joined by carports or garages in between; a multi-family dwelling is a single building that contains more than one dwelling unit. FIGURE 17.140.020-2 SINGLE-FAMILY DWELLING FIGURE 17.140.020-3 ATTACHED DWELLING FIGURE 17.140.020-4 SEMI-DETACHED DWELLING FIGURE 17.140.020-5 MULTI-FAMILY DWELLING Page 734 of 882 Easement means a grant of one or more of the property rights by the property owner for the use by the public, a corporation, or another person or entity. Eave means the projecting lower edges of a roof overhanging the wall of a building. Electric vehicle means any vehicle that operates on battery power and recharges from the electrical grid, including plug-in hybrid electric vehicles and battery electric vehicles. Electric vehicle (EV) charging station means a dedicated area where equipment and associated infrastructure is located for the purposed of charging the batterisbatteries of an electric vehicle. Elevation means: • A vertical distance above or below a fixed reference level. • A flat scale drawing of the front, rear, or side of a building or structure. Emergency shelter means a facility for the temporary shelter and feeding of indigents or disaster victims and operated by a public or nonprofit agency. Enclosed means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, for a space of not less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height. Energy system, alternative, means application of any technology, the conservation of energy, or the use of solar, biomass, wind, geothermal, hydroelectricity under 25 megawatts, or any other source of energy; the efficient use of which will reduce the use of fossil and nuclear fuels. Engineering services director means the director of engineering services/city engineer of the city; shall include his or her deputies or designees. Entertainment event, temporary means any activity which is designed to entertain guests, which includes, but is not limited to, live entertainment, performances, exhibitions, including the purchase of food, drink or merchandise, and which is of limited duration or occasional during a calendar year. Equestrian trail. See Trail, equestrian. Equine. Horse or other member of the horse family including mules and donkeys. EV installed means a parking stall with an electric vehicle charging station. EV ready means a parking stall containing an electrical outlet and conduit to allow for future installation of an electric vehicle charging station. Façade means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. Fair. See Carnival. Family means one or more individuals occupying a dwelling unit. Page 735 of 882 Farm Stands means a structure or portion thereof, where products offered for sale are grown or produced on site. Food preparation is prohibited except for food sampling or tasting. Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Festival means an organized series of events consisting of amusements which include, but are not limited to, live and prerecorded entertainment, performances, exhibitions, competitions, visual displays, and/or purchase of food, drink or merchandise. Finished grade. See Grade, finished. Fire chief, means the chief of the Rancho Cucamonga Fire Protection District. Fire district, means the Rancho Cucamonga Fire Protection District. Flag lot. See Lot, flag. Floor area, gross, means the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not including interior parking space, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. Floor area ratio means the ratio between gross floor area of the primary structure(s) on a site and gross site area. It includes all occupiable floors of a building, making it a three-dimensional unit of measure. For example, a multi-story building with a total floor area of 100,000 square feet on a 50,000 square foot lot will have a floor area ratio (FAR) of 2.0. The following are examples of how a building with a total floor area of 100,000 square feet can be configured on a 50,000 square foot lot to achieve a FAR of 2.0. See Figure 17.140.020-6 (Floor Area Ratio). FIGURE 17.140.020-6 FLOOR AREA RATIO Food facility, mobile means a kitchen within a licensed and operable motor vehicle or trailer whose method of operation is temporary and may be transient or in a static location and involves the preparation and sale of food and/or nonalcoholic beverages in a ready-to-consume state for consumption either on or off the premises, but not within the motor vehicle and/or trailer. Food facility, temporary means a food facility that operates at a fixed location for the duration of an approved community event and only as a part of the community event. Food truck. See Food facility, mobile. Page 736 of 882 Frontage means the side of a lot abutting a street, the front lot line, except the side of a corner lot. Front lot line. See Lot line, front. Front wall. See Wall, front. Fuel pump means equipment that transfers various petroleum-based fuels from underground tanks to vehicles and includes equipment for conducting payment. Fuel island means an area where the fuel pumps and minor amenities such as trash receptacles and window cleaning equipment/material are located Fundraiser means an event held to solicit or generate financial support for a governmental or non-profit organization, or an individual. Gated community means a developed area with roads and sidewalks that have gates to control the movement of traffic and people into and out of the area. Garage. Any building with a permanent roof, enclosed on three sides with a garage door on the fourth side that is built and used for the purpose of storage/parking of automobiles, recreational vehicles (RVs), or off-road vehicles. Garbage means animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, and serving of foods. General plan means the general plan of the city, including all maps, reports, and related plan elements adopted by the city council. Glare means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Grade means: • The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured. • The degree of rise or descent of a sloping surface. Grade, finished, means the final elevation of the ground surface after development. Grade, natural, means the elevation of the ground surface in its natural state before man-made alterations. Grading means any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. Grading, contour, means a grading concept designed to result in earth forms and contours which resemble natural terrain characteristics, with generally curving, non-linear slope banks having variations in the slope ratios of the horizontal and vertical curves. Greenbelt means an open area, which may be cultivated or maintained in a natural state, surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. Green roof means a roof of a building that is partially or completely covered with vegetation planted over a waterproofing membrane. Gross floor area. See Floor area, gross. Guesthouse means an attached or detached accessory structure used as sleeping quarters for guests of the occupants of the main dwelling and: (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same site; and (c) is not rented or leased, whether compensation be direct or indirect. Page 737 of 882 Hardscape means the part of a building’s grounds consisting of structures, such as patios, retaining walls, and walkways, made with hard materials. Examples of desirable hardscape examples are included in Figure 17.140.020-7 (Hardscape Examples). FIGURE 17.140.020-7 HARDSCAPE EXAMPLES Haunted house means a temporary use where the primary activity occurs in a facility or structure defined as a “Special Amusement Building” by the California Fire Code. Height means the vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See Building height. Homeowners association means a private organization composed of residents within a project who own in common certain property and shall be responsible for the maintenance and management of certain commonly owned property. Improvement means any item which becomes part of, placed upon, or is affixed to real estate. Interior lot. See Lot, interior. Page 738 of 882 Key lot. See Lot, key. Kitchen means any room, all or any part of which is designed and/or used for cooking and the preparation of food. Landscaping means an area devoted to or developed and maintained predominantly with native or exotic plant materials including turf (natural or synthetic), ground cover, trees, shrubs, and other plant materials. Land use means a description of how land (real estate) is occupied or utilized. Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Local feeder trail. See Trail, local feeder. Lot means any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of this Code to such parcel. Lot area means the net horizontal area within bounding lot lines after dedication. Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. Lot coverage means the area of a lot covered by buildings including eaves greater than 24 inches, projecting balconies, and similar features but excluding ground-level paving, landscaping, open recreational facilities, and lattice patio covers. See Figure 17.140.020-8 (Lot Coverage). FIGURE 17.140.020-8 LOT COVERAGE Lot depth means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot, flag, means a lot or parcel of land shaped like a flag; the staff is a narrow strip of land providing vehicular and pedestrian access to a street, with the bulk of the property lying to the rear of other lots. Lot, interior, means a lot other than a corner lot. FIGURE 17.140.020-9 LOT TYPES Page 739 of 882 Lot, key, means the first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting on the street within intersects or intercepts the street upon which the corner lot fronts. Lot line means a line bounding a lot. Lot line, front, means a lot line parallel to the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by a subdivision or parcel map. Lot line, rear, means a lot line that is opposite and the most distant from the front lot line. In the case of an irregular-shaped lot, a line ten feet in length within the lot that is parallel to and at the maximum distance from the front lot line. Lot, reverse corner, means a lot or parcel the rear of which abuts the side of another lot. Lot, through, means a lot or parcel with frontage on two parallel or approximately parallel streets. Lot width means the horizontal distance between side lot lines, measured at the front setback line. Mobile automotive-related uses means any activity conducted for compensation that involves minor vehicle repair including battery replacement, brake part replacement, minor tune-up, change of oil and filter, repair of flat tire, lubrication, auto glass repair and replacement, and other similar operations as determined by the planning director, but shall not include major automobile repair or maintenance, such as body or painting work of vehicle or vehicle parts. Mobile car washing and detailing means any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles, recreational vehicles, or any other vehicle, and which is moved from one location to another, such as to serve customers at their residences or places of work. Temporary car washes (e.g., fundraising activities) are not part of this use classification. Mobile hot food truck event means a special occasion involving one or more mobile hot food trucks on private property in compliance with required criteria for an approved temporary use permit. Mobile hot food trucks are defined in Vehicle Code § 670 as any vehicle that is equipped and used for retail sales of prepared, prepackaged or unprepared, unpackaged food or foodstuffs of any kind. Natural grade. See Grade, natural. Noise means any undesirable audible sound. Noise level means the A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 microPascals. The unit of measurement shall be designated as dBA. Page 740 of 882 Noise, simple tone, or pure tone noise means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum. Noise zone means any defined area or region of a generally consistent land use. Nonconforming means a building, structure, or portion thereof, or use of building or land which does not conform to the regulations of this Code and which lawfully existed at the time the regulations became effective through adoption, revision, or amendment. Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the district. Nonconforming structure means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the district. Nonconforming use means a use or activity which was lawful prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the district. Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites. Open space, common, means open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, waterways, greenbelts, but excludes pavement or driveway areas or parkway landscaping within the public right-of- way. Open space, private, means open space directly adjoining the units or building which is intended for the private enjoyment of the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. Private open space includes private patios or balconies and front, rear, or side yards on a lot designed for single-family detached or attached housing. Open space, usable, means outdoor or unenclosed area on the ground or on a roof, balcony, deck, porch, or terrace designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility, or service areas. Outdoor entertainment, live means performances presented by performers, which include, but are not limited to, theatre performances, musical theatre, opera, dance and/or music. Overhang means: • The part of a roof or wall that extends beyond the façade of a lower wall. • The portion of a vehicle extending beyond the wheel stops or curb. Overlay district means a district established by this title which may be applied to a lot or portion thereof only in combination with a base district. Parapet means the extension of the main walls of a building above the roof level. Parcel means a lot or tract of land. Parking area means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. Page 741 of 882 Parking bay means the parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces. Parking lot means an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles. Parking space means a space for the parking of a motor vehicle within a public or private parking area. Parking Study describes a report prepared by a qualified traffic/parking engineer for review and acceptance by the director of engineering services/city engineer and planning director that analyzes the amount of parking proposed for a site relative to the parking demand generated by a proposed use(s). The report may include calculations and recommendations for reducing the number of parking spaces for a proposed use(s) and an analysis of shared on-site parking. The report may include parking counts of vehicles parked in an area during selected days and times to evaluate the ratio of available parking spaces to the number of vehicles parked . A parking study may also provide details on any recommended transportation demand management measures. Performance standards means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. Perimeter means the boundaries or borders of a lot, tract, or parcel of land. Permit means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. Phase means any contiguous part or portion of a project which is developed as a unit in the same time period. Planning director means the director of the planning department of the city; shall include his or her deputies or designees. Planning entitlement means a permit or other approval required for land use and development purposes to determine compliance with applicable zoning and development regulations, as well as planning and zoning laws. Policies and procedures manual means the document adopted by resolution of the City Council setting forth the administrative policies and procedures that govern the Transfer of Development Rights Program and the TDR Authority. Portable recreational equipment means a vehicular unit designed and used for recreational or sporting purposes, but not for temporary dwelling. Examples include, but shall not be limited to, boat, trailer, golf cart, all-terrain vehicle, sand buggy, dune buggy, utility terrain vehicle (side by side), personal watercraft or similar equipment. Principal use. See Use, principal. Private open space. See Open space, private. Private street. See Street, private. Project means the total development within the boundaries as defined on the development plan. Public street. See Street, public. Pure tone noise. See Noise, simple tone. Rear yard. See Yard, rear. Receiving site means a privately or publicly-owned parcel or parcels where it has been determined that existing and planned urban services and infrastructure can accommodate additional development with the purchase of Transfer of Development Rights Credits. Recreational vehicle. See Vehicle, recreational. Page 742 of 882 Recreation room. See Room, recreation. Recycling means the series of activities by which materials that would otherwise be disposed of are collected, separated, or processed and used in the form of raw materials. Regional trail. See Trail, regional. Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. Required yard area. See Yard area, required. Residential development credit means the right to construct one additional residential dwelling unit above the base density through the use of a transfer of development rights. Residential development right means the residential development rights permitted on a parcel or parcels under the base density of the general plan and the title, measured in maximum dwelling units per acre based on gross acreage. Reverse corner lot. See Lot, reverse corner. Right-of-way means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses. Rodeo means an exhibition or contest event which includes, but is not limited to, riding of broncos, calf roping, and wrestling of steers. Room, recreation, means a single room in a main building or in an accessory building designed and/or used exclusively for recreational purposes by the occupants or guests of the premises. Screened means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least 90 percent view obscuring. Sending site means a privately or publicly-owned parcel or parcels where, at the property owner’s discretion, the underlying development rights of which may be severed, and sold upon review and approval of the TDR Authority. Setback means the area between the setback line and property line. The Code uses several types of setbacks as illustrated below in Figure 17.140.020-10 (Types of Setbacks). FIGURE 17.140.020-10 TYPES OF SETBACKS Setback line means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot. Page 743 of 882 FIGURE 17.140.020-11 SETBACK LINE LOCATION Shelter (animal shelter). As it relates to Chapter 17.88, A structure or environment, adequate to the species of animal, which provides protection from adverse weather conditions and predators (e.g., chicken coop, rabbit hutch, barn, etc.). Shelters must be covered, properly ventilated, and designed to be easily accessed, cleaned, and maintained. Side yard. See Yard, side. Simple tone noise. See Noise, simple tone. Site area means the net horizontal area included within the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use. Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land. Slope means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees. Smoke shop means any retail business establishment where at least fifty percent (50%) of product display is for smoking products, including but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E-liquids and supplies, and smoking supplies and accessories. A smoke shop does not include commercial cannabis activity. Solar access means a property owner’s right to have sunlight shine on his or her property. Sound level meter means an instrument meeting American National Standard Institute’s standard S1.4- 1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Sound pressure means a sound pressure level of a sound, in decibels, as defined in American National Standard Institute’s standards 51.20-1962 and 51.13-1921; that is, 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. Sporting event, outdoor means an activity, exhibition or contest of physical exertion and skill conducted outside of an enclosed building, field, park or stadium. Page 744 of 882 Stacking area means the area provided for vehicles waiting for drive-through service that is physically separated from other on-site traffic circulation. Story means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it. Street means any public or private thoroughfare with a width of 20 feet or more which affords a primary means of access to abutting property. Street, private, means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas. Street, public, means a street owned and maintained by the city, the county, or the state. The term includes streets offered for dedication which have been improved or for which a bonded improvement agreement is in effect. Structural alteration means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders. Structure means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Structure, accessory, means a subordinate building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a building permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, accessory dwelling units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes. Structure, temporary, means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Tasting Room means a business offering on-site and off-site wine sales which might include food service limited to hors d-oeuvres and prepackaged gourmet foods and other retail sales associated merchandise including gift baskets. Entertainment restricted to unamplified live music may be included as part of the use. Temporary structure. See Structure, temporary. Temporary use. See Use, temporary. Through lot. See Lot, through. Tobacco paraphernalia means any instrument or paraphernalia that is designed for the smoking or ingestion of lawful tobacco products including without limitation cigarette papers, cigarette wrappers, cigar wrappers, blunt wraps, pips, holders, clips, and cigarette rolling machines. Tobacco product means any substance containing tobacco or derived from tobacco and any substance used in electronic cigarette and vaping devices including but not limited to cigarettes, cigars, e-juice, e- liquid, e-nicotine, smoke juice, pipe tobacco, rolling tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, nicotine gel, nicotine lollipops, or any other preparation of tobacco. Tot lot means an improved and equipped play area for small children usually up to elementary school age. Trail, community, means a trail, generally 20 feet in width, which is a segment of a planned trail system, intended to link local feeder trails with the regional trail system, and designed and improved for riding and hiking purposes. Page 745 of 882 Trail, equestrian, means a trail which is a segment of a planned trail system designed, improved, and intended to be used for horseback riding purposes. Trail, local feeder, means a trail, generally 15 feet in width, which is a segment of a planned trail system, intended to provide access to the rear of residential lots from the community or regional trail system, and designed and improved for riding and hiking purposes. Trail, regional, means a trail, generally 30 feet in width and located along flood control and utility corridors, intended to connect residential areas with regional parks, scenic canyons, the national forest, and other major open spaces, and designed and improved for riding, hiking, and bicycling purposes. Transfer of Development Rights or TDR Authority means the entity established and given authority by the City to implement the transfer of development rights program established by this chapter. The TDR Authority may be operated by the City for the purpose of overseeing and facilitating the buying, selling of development rights between private parties. Unit, accessory dwelling means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family or multi-family dwelling is situated. An accessory dwelling unit also includes the following: • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. • A manufactured home, as defined in Section 18007 of the Health and Safety Code. Usable open space. See Open space, usable. Use means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility. Use, accessory, means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this title. Use, allowed, means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this zoning code. Use, conditional, means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to development/design review or to a conditional use permit, and to all other regulations established by this Code. Use, principal, means a use which fulfills a primary function of a household, establishment, institution, or other entity. Use, temporary, means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Value means the value of a building shall be the estimated cost to replace the building in kind based on current replacement costs. Vehicle means a self-propelled device using fossil fuels, electrical energy, or other energy source by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. Vehicle, recreational, means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle with provisions for sleeping, cooking and/or sanitation designed or used for temporary dwelling, recreational, or sporting purposes. Examples include, but shall not be limited to, motor home, travel trailer, fifth wheel, toy hauler, mounted camper, camping trailer, converted trucks and buses provided that such vehicles are not commercial vehicles or used for commercial purposes. Page 746 of 882 Wall, front, means the nearest wall of a building or other structure to the street upon which the building faces, but excluding cornices, canopies, eaves, or any other architectural embellishments. Water feature means a detached structure typically used for decorative or landscaped design purposes such as fountain, water wall, bird bath and similar features. Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line. FIGURE 17.140.020-12 YARD AREAS Yard area, required, means the required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard. Yard, corner side, or street side means a side yard which faces a public street on a corner lot and extending from the front yard to the rear yard. Yard, front, means a yard extending the full width of the lot between the front lot line (measured from property line) and a line parallel thereto and passing through the nearest point of the building. Yard, rear, means a yard extending the full width of the lot between the rear lot line and a line parallel thereto. For through lots, if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line. Yard, interior side, means a yard between the side lot line and a line parallel thereto and extending from the front yard to the rear yard. Page 747 of 882 Zero lot line means the location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line. (Code 1980, § 17.126.020; Ord. No. 855, § 4, 2012; Ord. No. 858, § 4, 2013; Ord. No. 860, § 4, 2013; Ord. No. 881, § 4, 2015; Ord. No. 938, §§ 7—9, 2018; Ord. No. 948, § 5, 2019; Ord. No. 961, § 4, 2019) Chapter 17.142 ADULT BUSINESS DEFINITIONS 17.142.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to adult businesses. This chapter is enacted with reference to the findings made in section 17.86.010. (Code 1980, § 17.128.010; Ord. No. 855, § 4, 2012) 17.142.020 Adult business definitions. Adult bookstore means a commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines (the term “product line” refers to items which are all identical, such as numerous copies of the same book or periodical) or display, shelf, rack, table, stand, or floor area used for the display and sale of the following: • Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records, or other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or • Instruments, artificial devices, or paraphernalia which are designed for use in connection with specified sexual activities. Adult cabaret means a nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. Adult entertainment establishment means an adult entertainment establishment is any place of business in which one or more of the following activities are conducted: • Adult motel or hotel. A hotel or motel, or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas” for observation by patrons. • Adult theater. A theater, concert hall, auditorium, or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons. Establishment of an adult entertainment business. As used herein, to “establish” an adult entertainment business shall mean and include any of the following: • The opening or commencement of operation of any such business as a new business. Page 748 of 882 • The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein. • The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of the paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. Specified anatomical areas. As used herein, the term “specified anatomical areas” means and includes any of the following: • Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the tops of the areola; or • Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities. As used herein, the term “specified sexual activities” means and includes any of the following: • The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttocks, or female breast; or • Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or • Masturbation, actual or simulated; or • Excretory functions as part of or in connection with any of the activities set forth in any of the above. Other adult entertainment business means any other business or commercial establishment not herein defined: • Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas; or • Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments, and paraphernalia that are describing or relating to specified sexual activities. (Code 1980, § 17.128.010; Ord. No. 855, § 4, 2012) Chapter 17.144 DENSITY BONUS DEFINITIONS 17.144.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to density bonus. (Code 1980, § 17.130.010; Ord. No. 855, § 4, 2012) 17.144.020 Density bonus definitions. Affordable rent means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low- or lower-income households, not exceeding the following calculations: • Very low income. Fifty percent of the area median income for San Bernardino County, adjusted for household size, multiplied by 30 percent and divided by 12. • Lower income. Eighty percent of the area median income for San Bernardino County, adjusted for household size, multiplied by 30 percent and divided by 12. Page 749 of 882 Child care facility means a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, school-age child care centers, or family day care homes as defined in this title. Density bonus means a density increase over the otherwise maximum allowable residential density under the applicable zone and the land use element of the general plan. Density bonus units means those residential units granted pursuant to the provisions of this title which exceed the otherwise maximum residential density for the development site. Housing cost means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. Adjustments should be made as necessary for down payment assistance. Housing development means one or more groups of projects for residential units planned for construction in the city. Includes a subdivision or common interest development as defined in Civil Code § 1351, residential units or unimproved residential lots, the rehabilitation of existing multi-family dwellings where the rehabilitation would result in a net increase in available units, and the conversion and rehabilitation of an existing commercial building to residential use. Lower-income household means a household whose income does not exceed the lower income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50079.5. Maximum residential density means the maximum number of residential units permitted by the city’s general plan land use element and this title at the time of application. Moderate-income household means a household whose income does not exceed the moderate income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50093. Persons and families of moderate income means households whose income does not exceed the moderate income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50093. Senior citizen housing development means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 25 dwelling units and complies with the requirements of Civil Code § 51.3. Special needs means persons identified as having special needs related to any of the following: • Mental health; • Physical disabilities; • Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism; • The risk of homelessness; or • Persons eligible for mental health services funded in whole or in part by the mental health services fund, created by Welfare and Institutions Code § 5890. Target unit means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low- or lower-income households or qualifying senior residents. Very low income household means a household whose income does not exceed the very low income limits applicable to San Bernardino County, as published and periodically updated by the state department of Page 750 of 882 housing and community development pursuant to Health and Safety Code § 50105. (Code 1980, § 17.130.020; Ord. No. 855, § 4, 2012) Chapter 17.146 HISTORIC RESOURCES DEFINITIONS 17.146.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to historic resources. (Code 1980, § 17.132.010; Ord. No. 855, § 4, 2012) 17.146.020 Historic resource definitions. Alteration means any act or process that modifies a historic landmark or contributing resource that either: (1) Requires a building permit and changes one or more of the features of a landscape or structure including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or (2) Significantly changes any feature of a landscape or exterior of a structure that relates to its status as a historic landmark or contributing resource, regardless of whether such act or process requires a building permit. Commission means the city historic preservation commission. Conservation district means an area of the city designated as a conservation district pursuant to this chapter. Contributing resource means any site, sign, structure, building, landscape, object, area, place, or feature within a conservation district that is either a separately designated historic landmark or designated as a resource that contributes to the district’s historic, cultural, or architectural significance. Demolition means any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs its structural integrity. Historic landmark means any structure any site, sign, structure, building, landscape, object, area, place, or feature designated as a Historic Landmark pursuant to this chapter. Inventory of historic resources means the inventory adopted by the commission of potentially historic sites, structures, buildings, landscapes, areas, and places in the city. Ordinary maintenance and repair means any work for which a building permit is not required by law the purpose and effect of which is to correct any deterioration of or damage to an improvement or natural feature or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. Point of historic interest means a location designated as a point of historic interest pursuant to this chapter. Register of historic resources means the inventory adopted by the commission of historic landmarks, points of historic interest, and conservation districts designated pursuant to this chapter. Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance. Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other Code-required work to make the property functional. Page 751 of 882 Secretary’s standards means the standards for the treatment of historic properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. Small business means any office-type use that does not exceed 2,500 square feet, with no more than five employees. State Historical Building Code means the California Health and Safety Code § 18950 et seq., and the California Historical Building Code, codified at part 8, title 24 of the California Code of Regulations, as either of these may be amended from time to time. (Code 1980, § 17.132.020; Ord. No. 855, § 4, 2012) Chapter 17.148 CANNABIS DEFINITIONS 17.148.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to cannabis. (Ord. No. 921 § 9, 2017) 17.148.020 Definitions. 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” includes cannabis that is used for medical, non-medical, or other purposes. “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. “Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5. Cannabis product 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 means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. Commercial cannabis use means the use of any property for commercial cannabis activity. Compassionate Use Act means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code section 11362.5. Page 752 of 882 Concentrated cannabis means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate. Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Delivery means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer. Distribution means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time. Fully enclosed and secure structure means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. Indoor means within a fully enclosed and secure structure. Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. Medical Marijuana Program means California Health and Safety Code sections 11362.7 through 11362.83, as such statutes may be amended from time to time. Outdoors means any location that is not within a fully enclosed and secure structure. Person means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term “person” shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring. Primary caregiver shall have the same meaning as is defined in California Health and Safety Code section 11362.7(d), as the same may be amended from time to time. Private residence means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence. Qualified patient means a person who is entitled to the protections of California Health and Safety Code section 11362.5, as the same may be amended from time to time, but who does not have an identification card. (Ord. No. 921 § 9, 2017) Chapter 17.150 SIGN DEFINITIONS 17.150.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to signs. (Code 1980, § 17.136.010; Ord. No. 855, § 4, 2012) 17.150.020 Sign definitions. Page 753 of 882 Abandoned sign means any display or sign remaining in place or not maintained for a period of 90 days which no longer identifies an ongoing business, product, or service available on the premises where the display or sign is located or where the building, business, or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property, business, or sign owner’s intent. Awning means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Blade sign. See Undercanopy sign. Building-attached sign means a sign placed on a wall, awning, canopy, parapet, or a blade bracket. Also see Wall Sign. See Figure 17.150.020-1 (Permanent Building-Attached Signs). FIGURE 17.150.020-1 PERMANENT BUILDING-ATTACHED SIGNS Canopy sign means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover (excluding a marquee) over a door, entrance, window, or outdoor service area. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Can sign means a sign which contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. See Figure 17.150.020-2 (Other Sign Types). FIGURE 17.150.020-2 OTHER SIGN TYPES (image not viewable) Page 754 of 882 Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than 12 times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title. See Figure 17.150.020-2 (Other Sign Types). Channel letters means individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The “air space” between the letters is not part of the sign structure but rather of the building façade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements. See Figure 17.150.020-2 (Other Sign Types). Commercial message means any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity. Community directional wayfinding sign means an off-premises sign located on a public street or public way that is part of a city-sponsored and coordinated program for the purpose of providing tourists, travelers, and others of the public ways in the city with information and guidance concerning public accommodations, facilities, commercial services, and points of scenic, cultural, historic, educational, recreational, religious interest, and other local community destinations as designated and recognized by a city program. Page 755 of 882 Copy means the words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign. Directional sign means any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area. Directory sign means a pedestrian-oriented sign that identifies or lists the names and locations of tenants at a multi-tenant site. Electronic message sign means an electronic sign, typically comprising a liquid crystal diode (LCD), light-emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message. See Figure 17.150.020-2 (Other Sign Types). Exempt sign means a sign which is not subject to a sign permit. Flag sign means a sign made of fabric or other similar non-rigid material supported or anchored along only one edge or supported or anchored at only two corners. Freestanding sign means a permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs, pole signs, and pylon signs. See Figure 17.150.020-3 (Permanent Freestanding Signs). FIGURE 17.150.020-3 PERMANENT FREESTANDING SIGNS Page 756 of 882 Ground sign means a temporary freestanding sign including, but not limited to, portable signs such as A- frame signs. Handheld sign means a sign which is not permanently or temporarily attached to the ground or to a permanent structure, and which is designed to be transported or carried by an individual. Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign; includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined. Inflatable balloon sign means a sign consisting of balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention. Linear frontage means the horizontal distance measured along the building frontage facing the street. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g., an entrance facing a courtyard). Page 757 of 882 For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently for the rest of the building based on the aforementioned rules. Menu/order board sign means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers. Monument sign means a freestanding sign no more than eight feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign. See Figure 17.150.020-3 (Permanent Freestanding Signs). Mural means a hand-produced work of visual art that is tiled or painted by hand directly upon or affixed directly to an exterior wall of a building. Murals are of a noncommercial nature. A mural does not include the following: • Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; • Murals containing electrical or mechanical components; or • Changing image murals. Noncommercial sign means a sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. Nonconforming sign means a sign lawfully erected that does not comply with the provisions of this title. Off-site sign means a sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages: • A permanent structure sign which is used for the display of off-site commercial messages; • A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or • An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration. On-site sign means a sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple-tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program. Painted sign means a sign that comprises only paint applied on a building or structure. Pedestrian traffic sign means a sign designed and located for the primary purpose of pedestrian viewing and direction (e.g., undercanopy sign, pedestrian access sign). Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Permanent sign means a sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than 120 days. Page 758 of 882 Projecting sign means a sign attached to and extending outward from the face of a building. Includes, but is not limited to, a blade sign, bracket sign, or marquee sign. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Pushpin letter sign means a sign comprising individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The “air space” between the letters is not part of the sign structure but rather of the building façade. See Figure 17.150.020-2 (Other Sign Types). Real estate sign means a temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent. Roof sign means a sign erected, constructed, painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure. Sign means any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a “sign”: • Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure. • Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts). • Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones. • Personal appearance. Items or devices of personal apparel, decoration, or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots). • Manufacturers’ marks. Marks on tangible products that identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale. • Fireworks, candles, and artificial lighting. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this title. • Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city. • Vehicle and vessel insignia. As shown on street-legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. • Gravestones and grave markers. • News racks and newsstands. • Shopping carts, golf carts, and horse-drawn carriages. • Vending machines that do not display off-site commercial messages or general advertising messages. • Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way. Page 759 of 882 • Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages. Sign face means that area or portion of a sign on which copy is intended to be placed. Subdivision directional sign means a temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for-sale products. All other home sales signs are included within the definition of “real estate sign.” Temporary sign means a structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools and which is not intended or suitable for long-term or permanent display (e.g., less than 90 days), due to lightweight or flimsy construction materials. Examples include banners, flags, or similar ground mounted nonpermanent signs made of paper, cloth, canvas, lightweight fabric, or other non-rigid material, with or without frames. Undercanopy sign means a pedestrian-oriented sign hung from underneath a canopy roof, awning, porch or extended out from a building façade. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Wall sign means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Window sign means any permanent or temporary sign, picture, letter, character, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from the exterior of the window. See Figure 17.150.020-1 (Permanent Building-Attached Signs). (Code 1980, § 17.136.020; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013; Ord. No. 860 § 4, 2013) Chapter 17.152 WIRELESS COMMUNICATIONS DEFINITIONS 17.152.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to wireless communications facilities. (Code 1980, § 17.140.010; Ord. No. 855, § 4, 2012) 17.152.020 Wireless communications definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antenna means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. “Antenna” shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. Base Station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. (i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Page 760 of 882 (ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). (iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (i) and (ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (i)-(ii) of this section. Building-mounted means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. Cellular means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. Collocated means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. Ground-mounted means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. Major wireless communications facility means a wireless communications facility that is non-stealth in design or exceeds the height limit of the district in which it is located. A major wireless communications facility also includes any wireless communications facility that is ground- or roof-mounted and mounted in or on any public property including the public right-of-way but does not include a wireless communications facility located on a public utility pole within a public right-of-way that meets the requirements of a minor wireless communications facility. Minor wireless communications facility means a wireless communications facility that is stealth in design and does not exceed the height limit of the district in which it is located, or building-, façade-, or wall- mounted and does not exceed the height of the parapet wall or roofline of the building. A roof-mounted facility, which is screened by a solid material on all four sides and does not exceed the maximum height of the district, shall be considered a minor wireless communications facility. The following shall be considered a minor wireless communications facility: (1) A wireless communications facility located on a public utility pole owned by the city; (2) A wireless communications facility located on public property or within a public right-of-way, other than a public utility pole owned by the city, if it is located 300 feet or more from a residential zone, that is in full compliance with the state public utilities commission joint pole association General Order 95, Rule 94, or any successor provisions thereto, and that does not exceed the height limit for the zone. Page 761 of 882 Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. Mounted means attached or supported. Personal communication service means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. Roof-mounted means mounted above the eave line of a building. Stealth facility means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. Temporary wireless communications facility means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the state public utilities commission. Wireless communications facility means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the state public utilities commission, or otherwise provides wireless communications services to the public. (Ord. No. 929 § 3, 2018; Code 1980, § 17.140.020; Ord. No. 855, § 4, 2012) Chapter 17.154 FORM-BASED CODE DEFINITIONS 17.154.010 Purpose. This chapter provides definitions of terms, phrases, and land uses for application only to Article VIII Form-Based Code (FBC) and that are technical or specialized, or that may not reflect common usage. 17.154.020 Form-based code definitions. Arcade. A covered pedestrian way along the side of a building at the first floor with habitable space above which provides access to retail spaces. Architectural Element. An architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs. Attached Flex. A residential or mixed-use structure containing two to five dwelling units with an attached secondary building (garage) typically accessed from a rear lane. Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum, or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements. Balcony. A platform that projects from the wall of a building and is enclosed by a parapet or railing. Bay Window. A window that projects from any building elevation. Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block. Page 762 of 882 Build-to-Line. A line parallel to the primary or secondary frontage line that establishes the placement requirements for the building, forming the boundary of the frontage area (see Figure 17.154.020-1 Private Frontage Area). The minimum build-to-line is the farthest distance away from the primary or secondary frontage line that a building may be located. The maximum build-to-line is the closest to a primary or secondary frontage line that a building may be located. A line parallel to the development site line or lot line where the façade of the building is required to be located. The minimum build-to-line is the farthest distance away from the primary or secondary site line or lot line that a building may be located. The maximum build-to-line is the closest to a primary or secondary site line or lot line that a building may be located. The build-to-line is intended to create an even building façade line along a street and establishes the frontage area for building placement (See Frontage Area, Private). In some cases, the maximum build- to-line may be the same as the front lot line, depending on the zone. Building Form. The overall shape and dimensions of a building. Building, Primary. See the definition for Building, Principal. Building Secondary. A building located within the rear yard of a lot that accommodates a secondary use on the property (e.g., a garage, tool shed, etc.). Building, Wing. A building or structure that is physically attached to a primary building and that is secondary and incidental to the primary building. This definition does not include a parking structure. Building Type. A structure defined by a combination of its configuration, placement on a lot, and function. Canopy. An architectural feature that projects a building wall and provides protection from the elements to pedestrians below or within the building. May either be non-structural (e.g., an awning that can be removed without altering the building structure) or permanent. Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces. Courtyard Building. A large structure composed of multiple attached or stacked units accessed from a shared courtyard, a series of courtyards, or a common corridor. Development Site. A portion of land delineated from others to accommodate no more than one primary building type. A parcel may have multiple development sites when each site meets the minimum width and depth required by the form-based zone. Development sites may be described and recorded as individual properties on a plat. Eave. The part of a roof that meets or overhangs the wall of a building. Encroachment into Private Frontage Area. Any architectural feature, structure, or structural element, such as an arcade, gallery, fence, garden wall, porch, stoop, balcony, bay window, or terrace, that breaks the plane of a horizontal regulatory limit extending into the private frontage area or build-to-line area, or into the public right-of-way. Entry. An opening, such as a door, passage, or gate, that allows access to a building. Entrance, Primary. An entry that allows access to a building facing a primary street. Façade, Primary. The exterior wall of a building facing a primary street. Façade, Secondary. The exterior wall of a building facing a secondary street or side street. Finished Floor. The uppermost surface of a building’s ground floor at the completion of construction. Forecourt. A building entrance and façade type where a portion of the building façade is close to the property line while the central portion of the building is set back creating a small courtyard space. The courtyard may be used as an entry court or as shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. Fourplex. A detached building that consists of four side-by-side and/or stacked units, typically with one shared entry or individual entries along the front. This type has the appearance of a typical house and is scaled to fit within low and medium intensity walkable neighborhoods. Frontage Line, Primary. The property line along the front lot line. Page 763 of 882 Frontage Line, Secondary. The property line along the side lot line of a corner lot. Frontage Area, Private. The linear street frontage between the minimum and maximum build-to-lines along the primary or secondary frontage line. See Figure 17.154.020-1 (Private Frontage Area). FIGURE 17.154.020-1 PRIVATE FRONTAGE AREA Gallery. A building entrance and facade type typically used in retail applications where the façade is aligned close to the property line with an attached cantilevered shed roof or a lightweight colonnade overlapping the sidewalk. Ground Floor. The floor of a building located nearest to the level of the ground around the building. Height, Overall. The vertical distance, excluding foundations or understructures, between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, and similar mechanical equipment. See Building height. Height, to Eave. The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the overhanging portion of a gable or pitched roof. Page 764 of 882 High Rise Building. A large and tall structure built on a large lot that typically incorporates multi-level structured parking used to provide a vertical mix of uses with ground-floor retail or service uses, and service or residential uses on upper floors. This building type is a primary component of an urban downtown. Interior Volume. A main component of a two- part attached building. The interior volume is typically a parking structure or large retail/entertainment space. The exterior component is designed to mask the interior volume and typically occupied by retail, service, office, or residential space. Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a building, either single-family dwelling or multiple-family dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes a complete kitchen space and sanitary facilities and working space reserved for, and FIGURE 17.154.020-2 HEIGHT MEASUREMENT regularly used by, one or more occupants of the unit. Multiplex. A medium- or large-sized structure consisting of side-by-side and/or stacked dwelling units, typically with one shared entry. This building type has the appearance of a medium- to large-size family home and is appropriately scaled to fit in medium density neighborhoods and/or medium- to high- intensity corridors. Neighborhood Green. A public open space type for unstructured recreation that may be spatially defined by landscaping rather than building facades. Neighborhood Park. Medium- to small-sized parks providing opportunities for neighborhood social life and recreation. Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line. Paseo. A pedestrian lane located and designed to reduce the required walking distance within a neighborhood. Pocket Parks. A type of public open space that provides small-scale public urban open space intended to provide recreational opportunities where space is limited in close proximity to neighborhood residences. Porch. A building entrance and façade type where the façade is set back from the property line and has a set of stairs and landing attached to the façade. Porches may be open on two or three sides and may be covered or uncovered. Public Realm. The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes, but is not limited to plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings, and open spaces. Primary Mass. The primary mass is the prominent and main component of a building. Rowhouse. A dwelling that shares a party wall with another of the same type placed side-by-side with individual entries along the front and dedicated private open space for each unit typically located in the rear. Shopfront. A building entrance and facade type, typically for commercial and retail use, where the façade is aligned close to the property line with the building entrance at the level of the sidewalk. Sidewalk. The portion of a right-of-way that is paved and intended exclusively for pedestrian use, and often installed between the curb and adjacent property lines. Page 765 of 882 Stoop. A building entrance and facade type where the façade is aligned close to the property line with the first story elevated from the sidewalk sufficiently to secure privacy for first-story windows and the entrance usually as an exterior stair and landing. Terrace. A building entrance and facade type where the main facade of the building is at or near the property line with an elevated terrace providing public circulation along the façade. Thoroughfares. A right-of-way for use by vehicular, pedestrian, and bicycle traffic that provides access to lots and open spaces, and that incorporates vehicular lanes and public frontages. Town Square. A type of public open space providing a public urban open space for civic purposes, commercial activity, unstructured recreation, and other passive uses. Squares are defined by buildings and tree-lined streets with open shelters, paths, lawns, and trees formally arranged. Transparency. The area of a building facade, usually applied to the ground floor of a building, that must contain a minimum amount of transparent glass. Unit. A discrete portion of a building used for habitable space. Upper Floor. A floor in a building containing habitable space that is located above the ground floor. Wings, Front. Front wings are a subordinate component of a building that is located in front of the Primary Mass. Front wings are always scaled-down in height and depth relative to the Primary Mass. Wings, Rear. Rear wings are a subordinate component of a building that is located to the rear of the Primary Mass. Wings, Side. Side wings are a subordinate component of a building that is located behind the Primary Mass. Side wings are shorter and narrower than the primary mass. Wings. Wings, which may be Front, Side, or Rear Wings, are components of a building which are always subordinate to (shorter and narrower than) the Primary Mass. They are sized and scaled in increments of entire rooms or multiple rooms, and have their own clear roof forms. FIGURE 17.154.020-3 PRIMARY MASS AND WINGS Primary Mass Front Wing Side Wing Rear Wing Secondary Building Page 766 of 882 Attachment 2 Page 767 of 882 Page 768 of 882 Page 769 of 882 October 2023 | General Plan EIR Addendum ADDENDUM TO THE GENERAL PLAN EIR SCH No. 2021050261 FOR THE DEVELOPMENT CODE UPDATE City of Rancho Cucamonga Attachment 3 Page 770 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A Table of Contents Section Page 1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ................................................. 4 1.1 BACKGROUND ................................................................................................... 4 1.2 PURPOSE OF AN EIR ADDENDUM .................................................................... 4 1.3 PROJECT DESCRIPTION ................................................................................... 6 1.4 ZONING MAP CLEANUP ................................................................................... 10 2. FINDINGS ..................................................................................................................... 11 Tables Page TABLE 1 PROPOSED DEVELOPMENT CODE REVISIONS .............................................. 9 Figures Page Figure 1, Prior to Phase 1 Zoning Map Amendment .................................................................. 14 Figure 2, Post Phase 1 Zoning Map Amendment ....................................................................... 15 Page 771 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A This page intentionally left blank. Page 772 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 4 1. Addendum to the Adopted General Plan EIR 1.1 BACKGROUND This document serves as the environmental documentation for the City’s update to its Development Code (proposed project) to ensure consistency with the City’s General Plan. This addendum to the General Plan Environmental Impact Report (EIR), certified in December 2021 (State Clearinghouse No. 2021050261), demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions described in the California Environmental Quality Act (CEQA) Guidelines, Section 15162, exist and preparation of a subsequent EIR or negative declaration is not necessary. 1.2 PURPOSE OF AN EIR ADDENDUM According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations): When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; Page 773 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 5 (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would not trigger any of the conditions outlined in CEQA Guidelines Sections 15162(a)(1) to (3) because these changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the General Plan EIR. The following analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the project. As stated in CEQA Guidelines Section 15164 (Addendum to an EIR): (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. A copy of this addendum, and all supporting documentation, may be reviewed or obtained at the City of Rancho Cucamonga Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Page 774 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 6 1.3 PROJECT DESCRIPTION The intent of the project is to ensure that the updated Development Code is consistent with the adopted General Plan. The key amendments to existing Development Code chapters and sections are described below and in Table 1 and include modifications to Articles II, III, V, VII, VIII, and IX. 1. Article II • Section 17.20.070 (Major Exceptions) This new section will be added to allow applicants to apply for exceptions from specific form-based standards outlined in Article VIII. Since the adoption of the code and implementation of the Form Base requirements, Staff has seen the potential benefit with offering flexibility with certain standards. The intent of this section is not to shift away from the goals and vision the Form Base Code facilitates, it is instead a response to current trends and conditions in the development, construction, and economic markets that may not be aligned with the expectations of the code at the time of the project proposal. Additionally, this section will also offer opportunities for flexibility when practical constraints exist on parcels that may make the FBC standards infeasible. The major exception process will apply to four specific standards and will require review and approval from the Planning Commission and/or City Council. This section is not intended to provide relief in the remainder of the Form Base Code requirements, as all proposals will still need to produce a development that meets all other standards of the Code and the general intent/vision of the underlying zone. 2. Article III • Section 17.30.030 (Allowed land uses and permit requirements); Amendments to Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). i. “Work/Live” will be added to the Industrial, Manufacturing, and Processing Uses section of the Use Table. The “Work/Live” use is permitted in the NI and IE zones, but the change was not reflected in Table 17.30-030-1. ii. “Alternative Fuel Station, with Lounge” will be added to the Land Use Table to allow the development of new service stations explicitly for alternative fuel vehicles in the Neo-Industrial and Industrial Employment zones. iii. Footnote 11 on Table 17.30.030-1, which references two old industrial zones - Industrial Park and General Industrial – will be stricken. Both industrial zones were replaced from previous code amendment with the Neo-Industrial zone and Industrial Employment zones. • Section 17.32.020.G.6, 8, and 9 (Allowed Use Descriptions) The use description for automobile service station, general will be updated to provide clarity between service stations for petroleum-based fuel vehicles and service stations for alternative fuel vehicles. Additionally, a new use description will be added for “Electric Vehicle Charging, Ancillary” and “Alternative Fuel Station with Lounge”. These two new use descriptions will provide clarity between charging equipment for electric vehicles that is installed in an existing development (shopping center, restaurant parking lot, etc.) and a new service station that is developed for the sole purpose of providing alternative fuel Page 775 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 7 options (similar to a gas station, but for alternative fuel vehicles). • Section 17.36.020 (Development standards for two units in single-family residential zones); Section 17.36.030 (Urban lot splits in single-family residential zones) An affordability requirement for new residential units over 800 square feet will be stricken. This amendment is in response to State law requirements. • Section 17.38.060 (The Resort) A reference to old industrial zones - Industrial Park and General Industrial. Both industrial zones were removed in a previous code amendment which replaced said industrial zone with the new Neo-Industrial and Industrial Employment zones. 3. Article V • Section 17.89.020 (Development and design standards) The regulation on the “number of automobile service stations per intersection” will be stricken as this requirement conflicts with the existing provision requiring a minimum 1,000-foot separation between Automobile Service Stations. A maximum of two service stations are currently allowed per intersection, however, the 1,000-foot separation requirement will likely prevent the ability to have two service stations an any intersection. The separation requirement will remain in the code, while the number of service stations per intersection will be stricken. • Section 17.91.040 (Development and design standards) Subsection C.3.v states “drive-through lanes and stacking area shall be located adjacent and parallel to the public right-of-way.”, while a prior section prohibits drive-thru lanes between the property line and the front of a building. To avoid conflict, subsection C.3.v will be stricken, as part of the intent behind the drive-thru standards is to screen the drive-thru lane. 4. Article VII • Section 17.122.010 (Purpose and applicability), Table 17.122.010-1 (Single-Family Variations Required) The table will be amended to reduce the number of floors that is required per the number of dwelling units and provides clarity to related footnotes. The amendment will be help crete a less burdensome requirement for new single-family subdivisions, especially smaller infill subdivisions, but still ensures a variety of architectural styles and floor plans is provided. 5. Article VIII • Section 17.128.020 (Overview of Form-Based Zones) Amendment to Table 17.128.020-1 (Summary Table of Form-Based Zones), adding a CE1- SC subzone to the CE-1 zone. This new subzone will allow certain existing uses to remain as, specifically Vehicle Services – Minor and Vehicle Services - Major. The area of the proposed subzone contains a current zoning designation of Neo-Industrial (NI), which allows the vehicle services uses. However, the current underlying General Plan Land Use is Traditional Town Center, which corresponds to the Center 1 (CE1) zone. To ensure the General Plan and Zoning map are consistent for this area, a zoning map amendment is proposed (discussed below). A direct zone change from NI to CE1 will result in a Page 776 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 8 substantial amount of existing Vehicle Service business to become nonconforming and will also result in the use becoming “Not Permitted”. Through detailed research it was determined that many of the existing vehicle service operations are small, family-owned businesses that serve the local and surrounding community. While the zone change is necessary to facilitate the vision and purpose of the General Plan, it is not intended to “push out” local small businesses that bring value and purpose to the community. As such, a new subzone is proposed that is specific to the subject area to allow the existing uses to remain in place and as permitted uses. • Section 17.130.030 (Applicable to All Zones) New language will be added to address proposed subdivisions in Form Based zones. The Form-Based Code is currently silent on subdividing existing parcels without a proposed development. The new language will stipulate that when subdividing a parcel, each development site (or parcel) must be able to accommodate the largest building type allowed in the zone constructed in its smallest form. Each building type in the Form Base code contains a minimum and maximum footprint to ensure all proposed developments maintain an appropriate scale and massing. Using these standards will allow opportunities to subdivide a parcel in a Form Base zone without compromising it’s full development potential. • Section 17.130.050 (Specific to Zones); Table 17.130.050-1 (Required Build-to-Line, Height, and Frontage Area), The minimum and/or maximum FAR will be updated in the following zones as follows: o CE1: 0.2 min/1.0 max (Existing: 0.2 min/0.6 max) o ME1: 0.6 min/2.0 max (Existing: 0.4 min/1.0 max) o ME2: 0.4 min/2.0 max (Existing: 0.4 min/1.0 max The changes to the FAR will allow greater opportunities for development in these zones. The existing FARs were proving to be strict and potentially limiting, which affects the ability to achieve the desired development types in these zones that is envisioned by the General Plan. • Section 17.130.060 (Building Type Standards) The requirement limiting the amount of common open space for Mid-Rise and High-Rise building types will be stricken. This will remove any limitations on the amount of open space that is provided when developing two of the largest building types allowed in the Form Base Code. • Section 17.134.070 (Pocket Park) A minimum size (square feet) will be added for Pocket Park in the Form Base code. The code is currently silent on the minimum size for pocket parks, which could lead to proposals that don’t result in functional or usable park space, especially for the pocket park option that is commonly incorporated in the mixed-use development. • Section 17.136.020 (Allowed Land Uses) Amendment to Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones) The table will be updated to add the CE1-SC subzone as a column on the Allowed Land Uses table. Page 777 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 9 Table 1: Proposed Development Code Revisions Article Chapter Section Code Amendment II 17.20 17.20.070 New section – “Major Exceptions”. Section allows applicants to apply for exceptions from certain form-based standards in Article VIII. The section includes a specific review process and findings to ensure the intent of the General Plan and Development Code are still being met despite the proposed exceptions. III 17.30 17.30.030 Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) amended to add “Electric Vehicle Service Station with Lounge” use. III 17.30 17.30.030 Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) amended to add “Work/Live” as a permitted use in the NI and IE zones within the “Industrial, Manufacturing, and Processing Uses”. The use already existed in the Code under Use Descriptions but was not previously added to Table 17.30.030-1 in error. III 17.36 17.36.020 Removal of affordability requirement for new residential units over 800 square feet. III 17.36 17.36.020 Removal of affordability requirement for new residential units over 800 square feet. III 17.38 17.38.060 Removal of references to old industrial zones, Industrial Park and General Industrial. Both industrial zones were removed in a previous code amendment. V 17.89 17.89.020 Removal of “number of automobile service stations per intersection” standards to avoid conflict with the existing provision that requires Automobile Service Stations be separated by a minimum of 1,000 feet of one another. V 17.91 17.91.040 Removal of Section 17.91.040.C.3.v which stipulated, “The drive-through lanes and stacking area shall be located adjacent and parallel to the public right-of-way.” to avoid conflicts with the provisions of Section 17.91.040.A.3 which state the required location of drive-through lanes on a property. V 17.92 N/A New Chapter for “Electric Vehicle Service Station with Lounge” to regulate the development of electric vehicle service stations with an ancillary lounge use. V 17.111 N/A New Chapter for “Vehicle Service Uses” which stipulates that existing vehicle service uses in the CE1-SC are permitted to remain in operation but any new proposed vehicle services uses are prohibited. VII 17.122 17.122.010 Amendment to Table 17.122.010-1 (Single-Family Variations Required) to lower each required amount of floor plans per number of dwellings and associated footnotes for a less Page 778 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 10 burdensome requirement on multi-unit single-family developments. VIII 17.128 17.128.020 Amendment to Table 17.128.020-1 (Summary Table of Form- Based Zones), adding a CE1-SC subzone to CE-1 zone which allows certain existing service uses to remain. VIII 17.130 17.130.030 New “Subdivisions” subsection which stipulates that any property being subdivided shall accommodate the largest allowable building type in its smallest form within the underlying form-based zone. VIII 17.130 17.130.050 Amendment to Table 17.130.050-1 (Required Build-to-Line, Height, and Frontage Area), updating the minimum and/or maximum FAR in the following zones: CE1, ME1, and ME2. VIII 17.130 17.130.060 Removal of maximum square footage of “Common Useable Open Space, Area” for Mid-Rise and High-Rise Building Types. VIII 17.134 17.134.070 Amendment to add a minimum square footage standard for a Pocket Park. Code was previously silent on a minimum square footage. VIII 17.136 17.136.020 Amendment to Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones) to add the CE1-SC subzone to the Allowed Land Uses table. VIII 17.136 17.136.020 Amendment to Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones) to add Electric Vehicle Service Station with Lounge use, only allowed on sites with frontage on an auto priority street as defined in the General Plan. VIII 17.136 17.136.020 Amendment to Table 17.136.020-1 (Allowed Land Uses in Form-Based Zones) to Vehicle Services, Major as a use within the Automobile and Vehicle Uses category. 1.4 ZONING MAP CLEANUP Additionally, the proposed project also includes changes to various parcels in the City that fall under specific zoning designations as shown on Figure 1, Prior to Zoning Amendment, and Figure 2, Post Zoning Amendment. The zone changes are described as follows: 1. Southwest Rancho Cucamonga. An area within Southwest Rancho Cucamonga will be rezoned with a new subzone Center 1 – Southwest Cucamonga (CE1-SC). During outreach for PlanRC, the Southwest Cucamonga community expressed a sincere desire for a downtown/town center that provided access to goods and service in walkable environment in their community. In response to this desire, the General Plan land use was updated from Neo Industrial to Traditional Town Center across various parcels in a prominent location within the historic boundaries of Southwest Cucamonga. The proposed zoning map amendment will modify the current zoning designation of Neo-Industrial to the new zoning of CE1-SC. The Form Base Code will regulate the new subzone, including the development standards and land use requirements for future development. Page 779 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 11 2. Rochester / Jack Benny / Arrow Area. An area along Rochester Avenue near Jack Benny Drive and Arrow Avenue will be rezoned to Corridor 2. The land use designation in this area was updated during PlanRC from Neo-Industrial to Corridor High. This amendment will modify the current zoning designation of Neo-Industrial to Corridor 2 (CO2). This amendment will not only bring consistency between the General Plan and Zoning Map, it will also help facilitate future development that will complement the vision around the Epic Center. 3. Various Parcels at Southwest Corner of Vineyard Avenue and Arrow Route. Various parcels will be rezoned to Neighborhood General 3 (NG3). The land use designation in this area was updated during the comprehensive General Plan update in 2021 from Neo-Industrial to Neighborhood Corridor. This amendment will modify the current zoning designation of Neo-Industrial to NG3 to ensure consistency between the General Plan and Zoning Map and to help facilitate a medium intensity, neighborhood serving development in the future. 4. Vacant Parcel on Carnelian, South of 19th Street. This parcel contains a General Plan land use designation of Traditional Neighborhood. The parcel should contain a corresponding zoning designation of Low Residential (L), however the parcel was inadvertently missed during the comprehensive zoning map update in May 2022. This amendment is a technical clean-up that will apply the L residential zoning designation to the parcel to correct the error 2. Findings The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety, and noise. The General Plan EIR included Standard Conditions of Approval (See Chapter 4 Implementation) for the following environmental topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, transportation, tribal cultural resources, and wildfire. The policies of the General Plan and the City’s existing development standards apply to all development in the General Plan Planning Area and would continue following adoption of the proposed project. As indicated above, the Development Code revisions are intended to improve alignment with the General Plan. As shown in Table 1, the text revisions constitute minor changes to existing Development Code intended to clarify and support implementation the rezoning of the General Plan. The proposed map revisions shown in Figure 2, correct mapping errors that were identified during the Development Code review or changes that reflect existing developed conditions of the land. The General Plan EIR considered land use designations and the general pattern of future development. While the Development Code is not specifically evaluated in the General Plan EIR, state law requires that land use and zoning be consistent. The General Plan EIR included policy changes as well as an update to the Development Code, which included zoning updates. Overall, the proposed revisions to the Development Code are minor in nature and are required to ensure consistency with the recently adopted General Plan, any physical impacts associated with the rezoning of parcels are addressed through the City’s General Plan Implementation Chapter, zoning, and development standards. For these reasons, the proposed project would not change the conclusions of the General Plan EIR. The following identifies the standards in CEQA Guidelines Section 15162 as they relate to the project. Page 780 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 12 1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed project would better align the Development Code with the recently adopted General Plan; therefore, the proposed revisions to the Development Code are consistent with the General Plan as evaluated in the General Plan EIR and adopted by the City. Additionally, the proposed rezoning of parcels in the City will remain consistent with the General Plan Land Use and the development visions/expectations of the General Plan. These changes would not result in direct physical impacts to the environment that are different from those anticipated in the General Plan EIR. Consequently, the changes to the Development Code and rezoning of parcels would not change the conclusions of the EIR. 2. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that significant effects previously examined will be substantially more severe than shown in the previous EIR. The General Plan Update anticipated the need to amend the Development Code to implement the goals and policies adopted by the City. The General Plan EIR relies upon the Implementation Measures included in the General Plan to regulate all future development. These Measures will continue to apply to all development in the City and will have the same mitigating effects as disclosed in the General Plan EIR. The General Plan policies and Standard Conditions of Approval identified in the General Plan EIR to reduce physical environmental effects would apply to all new development. These policies would have the same mitigating effect as disclosed in the General Plan EIR. The proposed project would better align the Development Code with the recently adopted General Plan, and therefore, the proposed project is consistent with the General Plan EIR. Additionally, the proposed rezoning of parcels in the City will remain consistent with the General Plan Land Use and the development visions/expectations of the General Plan. These changes would not result in direct physical impacts to the environment that are different from those anticipated in the General Plan EIR. There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR. Future development that would require amendments to the General Plan would be required to undergo appropriate environmental analysis. 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would better align the Development Code with the recently adopted General Plan as evaluated by the General Plan EIR. All policies and Standard Conditions of Page 781 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A 13 Approval identified in the General Plan EIR would continue to apply to all development in the City and would have the same mitigating effect as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR and does not change the conclusions of the EIR or require new Standard Conditions of Approval or mitigation. Additionally, the proposed rezoning of parcels in the City will remain consistent with the General Plan Land Use and the development visions/expectations of the General Plan. These changes would not result in direct physical impacts to the environment that are different from those anticipated in the General Plan EIR. Future development that would require amendments to the General Plan would be required to undergo appropriate environmental analysis. There are no substantial changes in the circumstances or added information that was not known and could not have been known at the time of the adoption of the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Therefore, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Page 782 of 882 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E D EV EL O P M EN T C O D E U PD AT E C I TY O F R A N C H O C U C A M O N G A Page 783 of 882 HPC/PC MINUTES – November 8, 2023 Page 1 of 10 Draft 4 2 7 7 Historic Preservation Commission and Planning Commission Agenda November 8, 2023 Draft Minutes Rancho Cucamonga, CA 91730 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on November 8, 2023. The meeting was called to order by Chair Dopp at 7:00 p.m. A. Roll Call Planning Commission present: Chair Dopp, Vice Chair Morales, Commissioner Williams, Commissioner Boling, and Commissioner Daniels. Staff Present: Serita Young, Assistant City Attorney; Matt Marquez, Director of Planning and Economic Development; Jennifer Nakamura, Deputy Director of Planning; Bond Mendez, Assistant Planner; Jason Welday, Director of Engineering; Sean McPherson, Principal Planner; Ash Syed, Senior Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened the public communications. Hearing no comments, Chair Dopp closed public communications. C. Consent Calendar C1.Consideration to adopt Regular Meeting Minutes of October 25, 2023. Motion to adopt minutes as presented by Commissioner Boling; second by Commissioner Williams; Motion carried 5-0. D. Public Hearings D1. DESIGN REVIEW – NEWCASTLE PARTNERS - A request to demolish an existing office/warehouse building and its associated parking lot/outdoor storage area and construct two industrial/warehouse buildings totaling 74,387 square-feet within the Neo-Industrial (NI) District, located on the north side of 6th Street between Archibald Avenue and Hermosa Avenue at 9910 6th Street; APNs: 0209-211-42 and -43. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15332 - In-Fill Development Projects (Design Review DRC2022-00301). (CONTINUED FROM OCTOBER 25th, 2023, HPC/PC MEETING) Bond Mendez, Assistant Planner, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). She mentioned Resolution 23-26 was revised to include today’s date and copies have been placed on the dais. ATTACHMENT 4Page 784 of 882 HPC/PC MINUTES – November 8, 2023 Page 2 of 10 Draft 4 2 7 7 Chair Dopp stated that the public hearing is still open since the October 25th meeting. He asked if anyone wished to speak. Courtney Wing, Applicant, presented a slide to the Commissioners showing street frontage illustrating the utility poles. She stated the transmission lines/poles will remain in perpetuity because of the voltage. The Utility Company will not allow them to be underground. She asked the Commissioners tonight to charge the in-lieu fee as shown by staff in the conditions of approval. Commissioner Daniels asked if there were any tenants ready to move in. Courtney Wing answered they have no tenants at this time. Commissioner Boling asked what the potential start for demo is. Courtney Wing answered to start as soon as possible. No specific date. Alex Zamora, LIUNA Member, expressed his support for the project. With no other comments, Chair Dopp closed Public Hearing. Commissioner Boling mentioned he noticed in the conditions of approval the absence of fiber connectivity. He asked because of the adjacency to the existing planned fiber network throughout the city, that standard condition of approval has been included in this project. Bond Mendez answered yes. Commissioner Boling stated he appreciates the applicant’s inclusion of the bike parking/storage on 6th Street that it is a planned bike route for the southern portion of the city going east/west for future plans of extension improving the safety for bike travel. He mentioned that having those accommodations for prospective employees at this site to ride their bikes to work is definitely a plus. Also, regarding environmental, having the history of seeing that property in its previous use with vehicles waiting in line, idling for an extended length of time, the change in use could potentially have a minor offset with fewer vehicles idling. Commissioner Daniels asked about street improvements and how would they handle the railroad spur line. He stated it used to be a problem crossing because the railroad would not want the city to do improvements. Jason Welday, Director of Engineering, replied that the intent would be to design it in such a way to avoid affecting the crossing but designing it in such a way that in the future, as the rest of the road widens, then it will be widened. Chair Dopp asked for an explanation on CPTED. Crime Prevention Through Environmental Design. Bond Mendez explained CPTED is a goal within the General Plan. She stated either an existing or new development evolve to implement measures for safety, which includes a variety of elements such as landscaping, natural surveillance, different tactics, and design elements. She mentioned there are plans for her to give a presentation on this subject at a future date. Chair Dopp mentioned he appreciates the applicant redeveloping an aging site . He appreciates the effort, time, and resources they will be putting into this site over time. Motion to adopt Resolution 23-26 Design Review DRC2022-00301, with the revision (B.2.) adding today’s date, by Commissioner Daniels; Second by Commissioner Boling. Motion carried 5-0. Page 785 of 882 HPC/PC MINUTES – November 8, 2023 Page 3 of 10 Draft 4 2 7 7 D2. DEVELOPMENT CODE UPDATE - Consideration to Recommend Approval to the City Council of Zoning Text Amendments to Articles II, III, V, VII, VIII, and IX of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code that will Include the Addition of a New Section for Major Exceptions, the Addition of New Subzone to the Summary Table and Land Use, Clarifications to Various Development Standards including updates to Drive-Thru Use and Service Station Standards, New Standards for Subdivisions in the Form Based Code, Adjustments to Open Space Requirements, and Additional Typographic and Formatting Amendments, and Recommendation of Zoning Map Amendments to Specific Parcels for Consistency with the General Plan (“PlanRC”). An Addendum to the General Plan Update and Climate Action Plan FEIR has been prepared for this project (Zoning Map Amendment DRC2023-00317; Municipal Code Amendment DRC2023-00318) (CONTINUED FROM OCTOBER 11th, 2023, HPC/PC MEETING) Sean McPherson, Principal Planner, and Jennifer Nakamura, Deputy Director of Planning, provided Commissioners with Staff Report and PowerPoint presentation (Copy on file). He mentioned staff received a letter earlier today with concerns by a stakeholder, which Commissioners received a copy of prior to this meeting citing concerns relating to proposed amendments involving major exceptions. Chair Dopp stated that the Public Hearing is still open from the October 11th meeting and asked if anyone wishes to speak on this item. Hearing no comments, The Public Hearing was closed. Commissioner Daniels asked to address the letter received this afternoon on the comments made. Jennifer Nakamura, Deputy Director of Planning, summarized context of letter as follows: •Felt major exceptions were a good start. Expressed concerns over the findings required for a major exception but also felt a need for additional amendments to the code in order to make some projects work. She mentioned that staff did have a discussion over the phone with stakeholder prior to the hearing, however, the discussion was more site-specific. Although it’s too early to evaluate the full impacts of any code amendment on a site-specific context, we will continue to work with this stakeholder as they contemplate development of their property. Commissioner Daniels asked if what is being proposed a site-specific problem vs. another site on Foothill Blvd. Jennifer Nakamura mentioned the context of the letter is a very site-specific problem. She does not believe it applies to every property in the zone shared with other properties. It depends on development types and what is being proposed. Commissioner Daniels asked if the commission should move forward with the code amendment as it is being proposed. Jennifer Nakamura explained there are options for Commissioners to consider: •Move forward as is and look at making future adjustments. •Ask to take this portion back and make additional refinements. •Continue the entire series of code amendments to a later date. The stakeholder did ask in letter to make additional major exceptions to consider. She said that is something we have not had a chance to analyze their requests. Commissioner Daniels stated that stakeholder can also ask for a waiver of certain code standards. Page 786 of 882 HPC/PC MINUTES – November 8, 2023 Page 4 of 10 Draft 4 2 7 7 Jennifer Nakamura replied that there are other tools that may apply to this development but does not know what might apply. Will continue to work with all stakeholders on applications that meet the code and the intent of the General Plan. Commissioner Boling asked how do we ensure what is being recommended to the City Council actually meets the objective to grant those greater flexibilities with challenging problem sites. If there is no pressing need to push this forward, he would like to take time to do it right, spending a little bit more time on the procedural side and address some of those concerns. He asked is there a timing concern that this portion specifically has to go forward now. Jennifer Nakamura answered that there are no existing development applications in process that would be immediately dependent with this change in order to move forward. Commissioner Boling stated this being the major exceptions. Jennifer Nakamura replied yes. Commissioner Daniels stated with sub zones not allowing new businesses such as service stations. He asked can you take an existing business and expand. Jennifer Nakamura replied yes and mentioned that basically they will become an allowed use and will not become legal non-conforming uses. Commissioner Daniels asked would that be done through a design review or a director’s review. Jennifer Nakamura answered it would be an administrative review. Commissioner Daniels asked about service station spacing requirements. He noticed in the staff report it indicates requirements for two stations at intersection “will likely prevent” and to explain that verbiage. Sean McPherson replied that the intention is to eliminate prohibited redundancy. Commissioner Williams concurs with Commissioner Boling regarding the major exceptions. Asked if there is a way to remove that section, reword it, simplify the language to expand the intent of it and bring back later. Jennifer Nakamura mentioned that some of the stakeholders’ feedback on the findings was fair and understood their position. It caused her to think a little bit closer on what the major exceptions could look like. Chair Dopp stated looking at the matrix, the housing and floor plan 11-20 units, he mentioned that maybe three (3) plans would be more appropriate for that number of dwellings. Sean McPherson responded that the intent of this provision in the code is to facilitate and regulate the need for variety within the subdivision. Jennifer Nakamura stated to the commission that staff just observed that the parcels identified in the presentation on the east side of Rochester are privately owned and will be rezoned. She said on the west side of Rochester, the corner vacant parcel is not being rezoned and it is City owned property. The parcel to the north, is a private parcel. Sean McPherson added that staff will confirm that the zoning map associated with this proposal tonight will accurately reflect City parcel. Page 787 of 882 HPC/PC MINUTES – November 8, 2023 Page 5 of 10 Draft 4 2 7 7 Commissioner Boling stated for the record, your concern about the number of floor plans 11-20, there is still a requirement for 3 elevations within those floorplans. From an exterior viewpoint, you do have some diversity in the type of nature in character of those individual building interior floorplans. Sean McPherson responded yes. Jennifer Nakamura stated that another thing that developers do is they do a reverse floorplan. It is the same exact floor plan but just in reverse order. It moves things around to provide that variety. Commissioner Boling stated the reverse does not count as a separate floor plan. Jennifer Nakamura replied yes. Chair Dopp stated his general thoughts on Article II major exceptions is good for flexibility, but asked is the data wrong or are the standards we put in the General Plan too stringent. If this is the standard we want to see in the city, but we keep making exceptions then provide outlets for any developer to ask for a major exception and bypass the standards we are looking for. That defeats the purpose in terms of the numbers we have. Jennifer Nakamura answered yes and stated that our values and vision in the General Plan are important, and we are trying to balance it with some economic and development realities. She explained when developing a vacant parcel, it’s simpler but when it’s an existing parcel with multiple players and with different constraints, it’s a more complex question that we are trying to figure out how best to answer. Chair Dopp mentioned regarding the comment letter from Costanzo Investments (stakeholder) asking for more of a major exception, they are asking us to sacrifice that much on our general plan vision, than it’s appropriate to hold them to a higher standard to get something in return. Commissioner Daniels mentioned he does not want staff to tailor a code for one problem parcel. There are other ways to be flexible on what he would like to do and develop his parcel. Jennifer Nakamura stated she agrees and would like to work with this property owner to figure out a solution that works for everyone. Commissioner Boling stated he would like to make a motion to move forward with Articles III, V, VII, VIII and Map Amendments. Holding back Article II for future evaluation and analysis and return to the Commission at a future date. Jennifer Nakamura requested an amendment to the zoning map assuring that the city owned parcel located on the northwest corner of Arrow/Rochester is not included and they will make sure it is clarified prior to City Council. Motion to adopt the proposed Resolution 23-28 to recommend City Council adopt DRC2023-00318 for Articles III, V, VII, VIII, XI along with Zoning Map Amendment DRC2023-00317 with recommendation to amend the zoning map to make a change on the city owned land for the epicenter parcel and holding Article II for a future date, by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D3. Consideration of a Municipal Code Amendment to amend Title 17 of the Rancho Cucamonga Municipal Code establishing non-storefront medical cannabis retail as a use permitted with a minor use permit for properties located in portions of the Neo-Industrial (NI) and Industrial Employment (IE) zones, amending Chapter 8.52 of the Rancho Cucamonga Municipal Code exempting certain non-storefront medical cannabis retail from the prohibition on commercial cannabis activity; adding chapter 5.20 to the Rancho Cucamonga Municipal Code establishing regulatory and operational restrictions for non-storefront medical cannabis retailer. Page 788 of 882 HPC/PC MINUTES – November 8, 2023 Page 6 of 10 Draft 4 2 7 7 This item is exempt from the California Environmental Quality Act, pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3). This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). She stated that Cannabis is prohibited in the city with the exception of indoor cultivation, and it is limited to the greatest extent possible and has been in place for the last 7 years. Last year SB 1186 was signed by the Governor, which prohibited cities from stopping the retail sale by delivery of medical cannabis. She explained that within the regulatory framework, there is a specific cannabis classification called non-store front retail. We are now required to amend our code and are allowing one establishment, which will be the Neo-Industrial and Industrial Employment Zones. She said there will be a lottery process that will be developed of which businesses will be selected. Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Boling asked how the 1000-feet separation requirement was determined and what is the maximum distance required under state law. Jennifer Nakamura replied that the separation requirement was modeled off an existing ordinance regulates Adult Entertainment. The 600-foot separation is the maximum for those types of uses required under state law. She said the 1000 feet was chosen to make sure it was not publicly visible to the greatest extent possible to major retails. Not to give people the impression that it is a retail location to go in and purchase. Commissioner Boling clarified that the 1000-foot separation is consistent with other portions of the code pertaining to other regulated businesses. Jennifer Nakamura replied yes. Commissioner Morales asked about the lottery process, and if it can be designed where the Police Chief and City Attorney are present to help certify it. His concern is that is where corruption and bribery can be introduced. Jennifer Nakamura stated once council adopts the ordinance, the lottery program will be developed. The City Attorney’s office will help develop the lottery process. She assured him there will be multiple double checks to avoid those types of things. His concern is well noted, and it is something they will include to help avoid inappropriateness in the lottery process. Commissioner Morales mentioned he read the state fact sheet and did not find the driver needs to be over 21 years old. He asked is that something that is already included but not on the fact sheet. Serita Young explained that this area is regulated heavily and have to be mindful when crafting regulations. She is certain the state regulations have requirements around drivers. She said they will have to get a state license as well, which will come with a host of restrictions. Commissioner Boling asked does the city have any other lottery procedures set in place. Jennifer Nakamura answered no and that this is the City’s first. Commissioner Daniels asked what the reason is for being strictly medical. Jennifer Nakamura answered what the legislation wanted to do is try and ensure people that had medical reasons had easy access to it. Page 789 of 882 HPC/PC MINUTES – November 8, 2023 Page 7 of 10 Draft 4 2 7 7 Serita Young explained the SB 1186 is to stop local authorities/cities from prohibiting medicinal cannabis retail activities, including deliveries. It’s to get medicinal cannabis to those individuals who need it and stop cities prohibiting those deliveries within that jurisdiction. Commissioner Boling stated everything we are considering tonight pertains to a perspective business that will be housed here within our jurisdiction. None of what we are considering applies to a business in an adjacent community that might come into Rancho Cucamonga for deliveries. Serita Young answered correct, you can still have deliveries outside of the city. Community members are not limited to deliveries from that one source within the city. Vice Chair Morales stated we are in compliance with state law. He said we are able to put appropriate regulations into place to protect our community and added that the zoning choice was a good selection. Chair Dopp stated for the record, additional medicinal cannabis is overall good but there is a severe negative effect that is overlooked because it’s a cultural positive. He expressed disappointment that we are going to have to pass an amendment like this because it’s a state law. It’s easy to buy into the myth that it’s only all good things, and it’s not that bad. He said what we are doing with this regulation specifically addresses a lot of concerns he has, which is, if we are going to have to follow state law, then we are doing everything we can to regulate that to the maximum possible. He wants to make it clear that this is not really something we are willing to open the door on. Commissioner Williams mentioned that she was there during the original decision making while a Council Member and remember reading the report and admitted it was tempting with so many cities that jumped on board thinking about all the tax money they were going to make. Unfortunately, it did not turn out as they thought it would. She is pleased that we put our foot down and said no. Of course, state law is state law. She does appreciate the fact we will be keeping an eye on it. She is proud of Rancho Cucamonga and subsequent Council holding the line on this and said it’s important for our city to continue that. She thanked Jennifer for all the work she has done on this. Motion to adopt the proposed Resolution 23-29 recommending Council adopt the proposed ordinance by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D4. Consideration of a Master Plan for the Epicenter Area, to articulate a vision for enhanced uses and activity and implement development standards for the city-owned parcels commonly known as the Epicenter Sports Complex, consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, associated parking lots and a City owned vacant lot at the northwest corner of Rochester and Arrow. No privately owned parcels are subject to this proposed plan. APN’s 229-012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72. An addendum to the General Plan Program Environmental Impact Report (SCH No. 2021050261) has been prepared for this project. This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Williams asked about the Farmers Markets tactical shipping containers, she expressed they are ugly. Jennifer Nakamura explained there are business entities that utilize those for short-term retail opportunities. Page 790 of 882 HPC/PC MINUTES – November 8, 2023 Page 8 of 10 Draft 4 2 7 7 Matt Marquez explained that some entities repurpose shipping containers and turn them into a number of different things. He said they create a unique, attractive environment. Commissioner Williams expressed her concerns that we do not want to create a swap meet atmosphere. Jennifer Nakamura agreed that tactical retail can be more transient. She explained that there is a recreational vehicle trailer in Victoria Gardens next to JC Penny’s in a parked stall. It is a retail location, that could be there for some time or can be movable, such as food trucks. She said we are looking at how do we operate this space in the long term. Whether it is managed by staff or find an operator to manage this space. Its City owned, so we have a lot of control over the tenants and the type of uses and development. We want to make sure they provide the highest level of service. Commissioner Williams mentioned it sounds like semi-permanent shopping. That is what they end up being and goods are moved quite freely that way. Vice Chair Morales stated that this establishes the real downtown that PlanRC calls for and it also improves the value per acre in this area. The implementation playbook is a good helpful tool. Commissioner Boling stated from a food and beverage entertainment perspective, often developers and businesses refer to an 18-hour restaurant and entertainment zone. There was reference ensuring a certain portion of this would be accessible to the public 12-hours per day. He has seen an 18-hour desire to have people there. He mentioned that the bars close down at 2am and that is when breakfast starts. He asked is there a consideration to extend to an 18-hour entertainment restaurant zone. Jennifer Nakamura explained the intention with the 12-hours was to make sure it’s self publicly accessible for the majority. She said we can design that to make it a minimum so there really is no maximum. We want to make it at least accessible a minimum of 12-hours. Commissioner Boling expressed to be cautions on how the language will be placed. Creating a restriction of mandatory 12, minimum of 12 or not more than 12. Jennifer Nakamura agrees, and they will take a final look at that. Commissioner Boling stated having experience with higher intensity more urban uses shoot for an 18-hour activity. He also asked about the zoning of Sebastian, what would be allowed there. Would restaurants, bars, entertainment, and support business be allowed. Jennifer Nakamura answered the private parcels are zoned corridor two and entertainment, bars, restaurants activities would be allowed. Commissioner Boling stated this all sounds great as a master plan. He said back in August of this year, it was announced the City of Ontario entered into an MOU with owner of the Quakes in order to pursue a potential baseball team in the City of Ontario. If there is a swap for the Quakes in another different level of baseball, what does that mean to these plans if Quakes are no longer tenants. Jennifer Nakamura answered that it is our understanding that stadium improvements will be needed system wide. It is a high likelihood for two teams coming here. The Quakes will continue to stay here in some form. We can always come back and revisit that Master Plan if things change at some point in the future. Page 791 of 882 HPC/PC MINUTES – November 8, 2023 Page 9 of 10 Draft 4 2 7 7 Chair Dopp asked about shared parking. Have there been discussions with the private developer/landowners in the adjacent areas as to whether they may be open, to probably for a fee, their parking lots. Jennifer Nakamura replied that they have not had a discussion. She said we would want to look at the development proposal, what the needs are for parking and work from there. These are visionary ideas as far as moving forward with shared parking. Chair Dopp stated on those visionary items, there is a lot to like in the Master Plan. He expressed he enjoys the idea of activation and spaces you are creating to the north bringing more people into that area, which is essential long term to the future of the Epicenter. He is all in on the Soccer idea. He has been pushing for years. The Massey Plaza development is underutilized. There is an opportunity to, it really can enhance a more outward direction in terms of being a place to be. He appreciates the thoughtfulness that was put into the plan. The long-term plan having a Beer Garden attached to the Epicenter, with the long term being opened to the public beyond event hours. Jennifer Nakamura replied that nothing is off the table at this time, as long as it is within the vision of the Master Plan. Commissioner Boling asked where the Epicenter is relative to the EIFD. Jennifer Nakamura replied the Epicenter may be part of the EIFD, but would need to double check. Commissioner Boling stated there is a potential to use financing to pay for some of the improvements. Jennifer Nakamura replied yes. Motion to adopt the proposed Resolution 23-27 recommending the City Council adopt the Epicenter Master Plan by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. F. Director Announcements Matt Marquez announced that yesterday they had their third in-person Round Table Discussion. Each meeting attendance increases. The discussion is spirited. The meetings will continue to keep the communication open to get a better understanding of what we are working on and what is going on in the city. Jennifer Nakamura mentioned we will not be having a meeting in two weeks, and we will be adjourning to December 13th. G. Commission Announcements Commissioner Boling asked for clarification regarding the Round Table Discussion. He wanted to confirm it’s generally attended by staff and Commissioners should stay clear. It would be walking into dangerous waters for Commissioners to attend. Is that correct. Matt Marquez replied that is correct. Page 792 of 882 HPC/PC MINUTES – November 8, 2023 Page 10 of 10 Draft 4 2 7 7 H. Adjournment Motion by Commissioner Williams, second by Commissioner Daniels to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 9:06 p.m. Respectfully submitted, Elizabeth Thornhill, Executive Assistant Planning and Economic Development Department Approved: Page 793 of 882 Attachment 5Page 794 of 882 Page 795 of 882 Page 796 of 882 Page 797 of 882 Page 798 of 882 Page 799 of 882 1 ORDINANCE XXXX AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2023-00318, AMENDING ARTICLES III, IV, V, VII, VIII, AND IX OF TITLE 17 OF THE MUNICIPAL CODE TO REVISE VARIOUS DEVELOPMENT STANDARDS, APPROVING ZONING MAP AMENDMENT DRC2023-00317 APPLICABLE TO VARIOUS PROPERTIES LOCATED THROUGHOUT THE CITY, AND ADOPTING AN ADDENDUM TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2021050261) FOR THE GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Recitals. A.The City of Rancho Cucamonga (the “City”) is proposing to amend existing development standards and create new development standards in order to better calibrate the Development Code to the vision of the General Plan and update the official Zoning Map to address technical zone changes. B.The City has prepared Municipal Code Amendment DRC2023-00318 and Zoning Map Amendment DRC2023-00317, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment and Zoning Map Amendment are referred to as the “Amendments”. C.The City is a municipal corporation, duly organized under the constitution and laws of the State of California. D.As shown in the Exhibits A through G of this Ordinance, the amendment proposes to amend Articles, III, IV, V, VII, VIII and IX of Title 17 of the Municipal Code to establish new and updated development standards. E.On November 9, 2023, the Planning Commission of the City of Rancho Cucamonga conducted a noticed continued public hearing with respect to the amendment and, following the conclusion thereof, adopted Resolution No. 23-23 recommending that the City Council of the City of Rancho Cucamonga adopt said amendments, excluding the proposed amendments to Article II of Title 17 of the Municipal Code. F.On December 20, 2023, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. G.All legal prerequisites to the adoption of this Ordinance have occurred. Attachment 6Page 800 of 882 2 SECTION 2. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: A. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Section 1, of this Ordinance are true and correct. B. Findings. 1) Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendments are consistent with the Development Code and the General Plan’s goals, policies and implementation programs. Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” The proposed amendment is consistent with the following Land Use Element and Housing Element policies: a) Land Use LC-1.2: Quality of Place. “Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood.” b) Land Use LC-1.9: Infill Development. “Enable and encourage infill development within vacant and underutilized properties through flexible design requirements and potential incentives.” c) Land Use LC-1.11: Compatible Development. “Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context.” d) Housing H-5.1: Development Review Processes. “Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements.” e) Housing H-5.4: Development Standards. “Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate income households and for persons with special needs.” 2) The Amendments identified herein have been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”). Page 801 of 882 3 C. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) and the City’s local CEQA Guidelines, the City Council, in December 2021, certified the Rancho Cucamonga General Plan Update 2020 Final Environmental Impact Report (EIR) (SCH No. 2021050261) for the City’s adoption of the 2020 General Plan Update (“PlanRC”) and Climate Action Plan, and adopted findings pursuant to CEQA and the State CEQA Guidelines (“Certified FEIR”). No new information has become available and no substantial changes to the circumstances under which implementation of the General Plan Update and Climate Action Plan has been undertaken since the certification of the FEIR occurred. The proposed Amendments would not substantially increase the severity of effects relative to the environmental topics analyzed in the Certified FEIR, nor would the proposed Amendments require new mitigation measures or alternatives. An Addendum to the Certified FEIR for the PlanRC and Climate Action Plan was prepared for the adoption of the Amendments pursuant to CEQA and State CEQA Guidelines Section 15164. The City Council has reviewed the Addendum to the Certified FEIR attached to the staff report accompanying the proposed Amendments, along with the Certified FEIR, and: 1) Based on this evidence and all evidence in the record, concurs with Planning Department staff’s determination that the proposed Amendments will not have a significant effect on the environment and an Addendum is the appropriate level of environmental review under CEQA; 2) In the exercise of its independent judgment, conclude that the Addendum accurately describes the environmental ramifications of the adoption of the Amendments; 3) Finds, based on the evidence in the record, including the Addendum, that the Amendments do not require supplemental or subsequent environmental review because the Amendments (i) are not substantial changes to the PlanRC and Climate Action Plan analyzed under the Certified FEIR that would require major revisions to the previously Certified FEIR, (ii) is not a substantial change in the circumstances under which the PlanRC and Climate Action Plan are being undertaken that would require major revisions to the Certified FEIR, and (iii) do not constitute new information of substantial importance that was not known at the time the FEIR was certified; 4) Finds that if the Amendments are adopted by the City Council, the impacts associated with the adoption of the Amendments would be the same or less than those identified for the PlanRC and Climate Action Plan in the Certified FEIR, for the reasons set forth in the Addendum; and 5) Exercising its independent judgment after considering the administrative record, adopt the Addendum to the Certified FEIR and reaffirm the findings adopted as part of the FEIR certification as remaining applicable to the Amendments. Page 802 of 882 4 D. The City Council hereby amends Article III (“Zones, Allowed Uses, and Development Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference. E. The City Council hereby amends Article V (“Specific Use Requirements”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit B of this Ordinance, attached hereto and incorporated herein by this reference. F. The City Council hereby amends Article VII (“Design Standards and Guidelines”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference. G. The City Council hereby amends Article VIII (“Form-Based Code”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached hereto and incorporated herein by this reference. H. The City Council hereby amends Article IX (“Glossary”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit E of this Ordinance, attached hereto and incorporated herein by this reference. I. Determination on Zoning Map Amendment DRC2023-0031. Based on the findings set forth in this Ordinance and the totality of the administrative record before it, the City Council hereby approves Zoning Map Amendment DRC2023-0031 as set forth in Exhibit F attached hereto and incorporated herein by reference. J. Zoning Map Amendment. The City Council hereby amends the official Zoning Map reflecting the amendments set forth in Exhibit F. For reference purposes, the updated official Zoning Map for Zoning Map Amendment DRC2023-0031 is also attached as Exhibit G. K. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. L. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. Page 803 of 882 5 M. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. APPROVED AND ADOPTED THIS __ DAY OF __________, 2023. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 20th day of December, 2023, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 804 of 882 6 Page 805 of 882 7 EXHIBIT A Amendments to Article III of the Rancho Cucamonga Municipal Code Amended Table: Table 17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone Table 17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone. Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Residential Uses Accessory Dwelling Unit P P P P P P N N P P N N Adult Day Care Home P P P P P P N N N P N N Caretaker Housing M M M M M M M M P M P P Dwelling, Multi-Family N N P P P P N N N N N N Dwelling, Single- Family P P P P N N N N P P N N Dwelling, Two-Family P P P P P P N N P P N N Emergency Shelter (10) N N N N N N C N N N N N Family Day Care Home P P P P P P P P P P P P Agricultural Employee Housing P P P P P P N N N N N N Guest House P P P N N N N N N N N N Group Residential M M M M M M N N N M N N Home Occupation (2) P P P P P P N N P P N N Live-Work Facility N N N N N N N N N N N N Manufactured Home P P P P N N N N P P N N Mobile Home Park (3) M M M M M M N N N N N N Residential Care Facility M M M M M M N N N N N N Residential Care Home P P P P P P N N P P N N Short-Term Rental (13) P P P P P P N P P P P P Single-Room Occupancy Facility N N N P P P N N N N N N Supportive Housing P P P P P P N N N P N N Transitional Housing P P P P P P N N N P N N Low Barrier Navigation Center C C P P P P N N N P N N Agriculture and Animal-Related Uses Agricultural Uses (15) N N N N N N N N P N P P Animal Keeping (4) M/P M/P M/P M/P M/P M/P N N N N N N Equestrian Facility, Commercial M N N N N N N N M N M M Equestrian Facility, Hobby P N N N N N N N N N N N Microscale Agriculture N N N N N P N N M N M M Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Page 806 of 882 8 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Assembly Use M M M M M M C N N N P N Cemetery/Mausoleum N N N N N N N N M N P N Community Center/Civic Use M M M M M M P N N M P N Community Garden P P P P P P N N P N P P Convention Center N N N N N N C C N N N N Golf Course/Clubhouse N N N N N N N N M N M M Indoor Amusement/ Entertainment Facility N N N N N N C N N N N N Indoor Fitness and Sports Facility—Large N N N N N N C N N N N N Indoor Fitness and Sports Facility—Small N N N N N N M N N N N N Library and Museum M M M M M M N N M M M M Outdoor Commercial Recreation N N N N N N C N N N M N Park and Public Plaza P P P P P P M M P P P P Public Safety Facility M M M M M M C C N M P N Resource- Related Recreation P P P P P P N N P P P P School, Academic (Private) (16) M M M M M M C N N M M N School, Academic (Public) (16) P P P P P P P N N P M N School, College/University (Private) (16) M M M M M M C N N M M N School, College/University (Public) M M M M M M C N N C M N Schools, Specialized Education and Training/Studio N N N N N N C C N N M N Theaters and Auditoriums N N N N N N N N N N M N Tutoring Center—Large N N N N N N N N N N N N Tutoring Center—Small N N N N N N N N N N N N Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N N N P N N N N N Park and Ride Facility N N N N N N P C N N N N Parking Facility N N N N N N N N N N M N Transit Facility N N N N N N C C N N M N Utility Facility and Infrastructure—Fixed Based Structures (5, 11) N N N N N N C C C N M M Utility Facility and Infrastructure—Pipelines (5) P P P P P P P P P P P P Page 807 of 882 9 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Wind Energy System— Small (9) P N N N N N P P N N N N Service and Office Uses Adult Day Care Facility N N N N N C C N N N N N Adult-Oriented Business (6) N N N N N N A A N N N N Ambulance Service N N N N N N C P N N N N Animal Sales and Grooming N N N N N N N N N N N N Bail Bonds N N N N N N N N N N N N Banks and Financial Services N N N N N M P N N N N N Bed and Breakfast Inn M M M N N N N N N N N N Business Support Services N N N N N M P P N N N N Call Center N N N N N N M C N N N N Check Cashing Business (7) N N N N N N N N N N N N Child Day Care Facility/Center (16) N N N N N C P P N N C N Commercial Cannabis Activity N N N N N N N N N N N N Crematory Services (7) N N N N N N M N N N N N Hotel N N N N N N N N N N N N Kennel, Commercial N N N N N N C N N N N N Maintenance and Repair, Small Equipment N N N N N N P P N N N N Massage Establishment (12) N N N N N N N N N N N N Massage Establishment, Ancillary (12) N N N N N N P N N N N N Medical Services, Extended Care N M M M M M P N N N N N Medical Services, General N N N N N N P N N N N N Medical Services, Hospitals (16) N N M M M M P N N N N N Mortuary/Funeral Home N N N N N N N N N N N N Office, Business and Professional N N N N N N P N N N N N Office, Accessory N N N N N N P P N N N N Pawnshop (7) N N N N N N N N N N N N Personal Services N N N N N C P P N N N N Shooting Range N N N N N N C N N N N N Tattoo Shop (7) N N N N N N N N N N N N Veterinary Facility M N N N N N P P N N N N Retail and Restaurant Uses Alcoholic Beverage Sales N N N N N C M N N N N N Bar/Nightclub N N N N N N C N N N N N Page 808 of 882 10 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Building Materials Sales and Storage Yard N N N N N N M P N N N N Consignment Store N N N N N N N N N N N N Convenience Store N N N N N N M N N N N N Drive-In and Drive- Through Sales and Service (8) N N N N N N M N N N N N Electric Vehicle Showroom w/ Indoor Sales N N N N N N P P N N N N Electric Vehicle Showroom w/ Outdoor Sales N N N N N N P P N N N N Feed and Tack Store N N N N N N N N N N N N Garden Center/Plant Nursery N N N N N N P P P N P P Grocery Store/Supermarket N N N N N N N N N N N N Gun Sales N N N N N N M N N N N N Hookah Shop N N N N N N N N N N N N Home Improvement Supply Store N N N N N N P P N N N N Liquor Store N N N N N N M N N N N N Mobile Food Vehicle N N N N N M P P N N N N Restaurant, No Liquor Service N N N N N M P P N N N N Restaurant, Beer and Wine N N N N N C P C N N N N Restaurant, Full Liquor Service N N N N N N M N N N N N Retail, Accessory N N N N N M M P N N N N Retail, General N N N N N C M C N N N N Retail, Warehouse Club N N N N N N N N N N N N Secondhand Dealer N N N N N N N N N N N N Smoke Shop (7) N N N N N N N N N N N N Thrift Store (7) N N N N N N N N N N N N Automobile and Vehicle Uses Auto and Vehicle Sales and Rental N N N N N N M N N N N N Auto and Vehicle Sales, Auto broker N N N N N N C N N N N N Auto and Vehicle Sales, Wholesale N N N N N N P N N N N N Auto and Vehicle Storage (14) N N N N N N N N N N N N Auto Parts Sales N N N N N N P N N N N N Automobile Service Stations N N N N N N M N N N N N Page 809 of 882 11 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Car Washing and Detailing N N N N N N N N N N N N Electric Vehicle Repair N N N N N N P P N N N N Alternative Fuele Station with Lounge N N N N N N P M N N N N Recreational Vehicle Storage N N N N N N C C N N N N Vehicle Services, Major N N N N N N P P N N N N Vehicle Services, Minor N N N N N N P N N N N N Industrial, Manufacturing, and Processing Uses (16) Commercial (Secondary/Accessory)- Industrial N N N N N N P P N N N N Commercial (Repurposing) - Industrial N N N N N N C C N N N N E-Commerce Distribution Distribution/ Fulfillment Center, Small N N N N N N P P N N N N Distribution/ Fulfillment Center, Large N N N N N N M M N N N N Equipment Sales and Rental N N N N N N C P N N N N Parcel Sorting Facilities N N N N N N N N N N N N Parcel Hub, Small (< 130,000 sq.ft.) N N N N N N N N N N N N Parcel Hub, Large (>130,000 sq.ft.) N N N N N N N N N N N N Food Processing/Manufacturing N N N N N N C C N N N N Lumber Yard N N N N N N N C N N N N Maker Space/Accessory Maker Space N N N N N M P P N N N N Manufacturing, Custom (11) N N N N N N P N N N N N Manufacturing, Green Technology N N N N N N P P N N N N Manufacturing, Light – Small (11) N N N N N N P P N N N N Manufacturing, Light – Large (11) N N N N N N M M N N N N Microbrewery N N N N N N P P N N N N Printing and Publishing N N N N N N P N N N N N Recycling Facility, Collection N N N N N N C C N N N N Recycling Facility, Processing N N N N N N C C N N N N Research and Development N N N N N N P P N N N N Storage, Personal Storage Facility N N N N N N C C N N N N Storage Warehouse N N N N N N C C N N N N Page 810 of 882 12 Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Wholesale and Distribution - Light (11) N N N N N N P P N N N N Wholesale and Distribution - Medium N N N N N N C P N N N N Work/Live N N N N N N P P N N N N Table Notes: 1. Reserved. 2. See additional regulations for home occupations in Chapter 17.92. 3. See additional regulations for mobile homes in Chapter 17.96. 4. Permitted or requires Minor Use Permit. See regulations for animal keeping in Chapter 17.88. 5. Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. 6. See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. 7. See additional regulations for special regulated uses in Chapter 17.102. 8. See additional regulations for drive-in and drive-through facilities in Chapter 17.90. 9. Not permitted within 300 feet of residentially zoned property. See additional regulations for wind energy systems in Chapter 17.76. 10. See additional regulations for emergency shelters in Chapter 17.110. 11. Retail sales from the premises require a conditional use permit. 12. Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 13. A short-term rental must be a single-family residence in zoning districts other than VL, L, and LM. See additional regulations for short-term rentals in Chapter 8.34. 14. Auto and vehicle storage is permitted as an on-or off -site accessory use to any manufacturing use upon issuance of a minor use permit. The minor use permit may also permit truck storage as an accessory use to manufacturing. 15. See additional regulations for agricultural uses. 16. Minimum 1,000 feet from a use in an Industrial Zone that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week. Amended Section: Section 17.32.020 Allowed Use Descriptions Subsection G. Automobile Vehicle Uses: 1. Auto and vehicle sales and rental. Retail establishments selling and/or rentingautomobiles,trucks,andvans.Includesthesalesandrentalofmobilehomes,rec reationalvehicles,andboats.Mayalsoincluderepairshopsandthesalesofpartsandacc essories,incidental to vehicle dealerships. Does not include the sale of auto parts/accessories separate from a vehicle dealership(see “Auto parts sales”), Page 811 of 882 13 bicycle and moped sales (see “Retail, general”), tire sales and repair establishments (see “Vehicle services, major”), businesses dealing exclusively in used parts(see “Recycling facility, scrap and dismantling”), or service station, all of which are separately defined. 2. Auto and vehicle sales, auto broker. Establishments providing the service of arranging, negotiating, assisting or effectuating, for a fee or compensation, the purchase of a new or used vehicle, not owned by the broker for a person(s). This use, consistent with the licensing guidelines from the California Department of Motor Vehicles does not allow for the storage or display of vehicles on site. 3. Auto and vehicle sales, wholesale. Wholesale establishments selling new and used vehicles to licensed commercial auto dealers. This use, consistent with the licensing guidelines from the California Department of Motor Vehicles does not allow for the storage or display of vehicles on site. 4. Auto and vehicle storage. Facilities for the storage of operative and in operative vehicles for limited periods of time. Includes, but is not limited to, storage of parking tow-aways, impound yards, fleet yards and storage lots for automobiles (excluding recreational vehicles), trucks, and buses. Does not include retail sales (see “Auto and vehicle sales, wholesale”). 5. Auto parts sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services, minor”). Does not include tire sales and repair establishments, which are found under “Vehicle services, major”, or businesses dealing exclusively in used parts, which are included under “Auto and vehicle sales, wholesale”. 6. Automobile service station, general. A facility that is primarily for the purpose of retail sales of fuel (gasoline, diesel, ethanol etc.) for internal combustion powered vehicles. 7. Car washing and detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary carwashes (e.g., fundraising activities generally conducted by volunteers and the duration of the event is limited to less than 12 hours within a day) are not part of this use classification. 8 Electric vehicle charging, ancillary. A dedicated area where equipment and associated infrastructure is located for the purpose of charging the battery of an electric vehicle. 9. Electric vehicle service and repair. A use in which electric vehicles or vehicle parts are serviced or repaired. It may include other services for electric vehicles including, but not limited to, accessory towing, maintenance, battery stations, and an electric charging station. Any on-site carwash shall only be used to clean vehicles receiving maintenance or repair and shall not be made available for public use. May include electric vehicle showroom as an accessory use. Page 812 of 882 14 10. Alternative fuel station with lounge. A facility that is primarily for the purpose of retail sales of non-petroleum based fuel(e.g. electricity, hydrogen)for vehicles and associated ancillary facilities such as a lounge. The lounge includes seating and associated retail activities intended to serve customers waiting for their vehicles to refuel. 11. Recreational vehicle storage. Facilities for the storage of recreational vehicles. 12. Vehicle services, major. The repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major engine and/or transmission repair and bodywork-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and tire sales and repair establishments. 13. Vehicle services, minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, and tires). Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales”) or automobile dismantling yards, which are included under “Recycling facility, scrap and dismantling”. Subsection H. Industrial, manufacturing, and processing uses. 17. Wholesale, and distribution, light. Activities typically include, but are not limited to, wholesaling and distribution of finished goods and/or food products from the premises. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Includes incidental storage and warehousing. Retail sales from the premises may occur when approved by a minor use permit. Amended Section: Subsection B of Section 17.36.010 Development Standards for Residential Zones Section 17.36.010 Development Standards for Residential Zones. B. Residential zones described. As identified in chapter 17.26(Establishment of Zones), the city includes six Residential Zones and thirteen subzones: 1. Very Low (VL). a. Very Low – Etiwanda Heights 14000 (VL-EH 14000) b. Very Low – Etiwanda Heights 9000 (VL-EH 9000) 2. Low (L). Page 813 of 882 15 a. Low – Etiwanda Specific Plan (L-ESP) 3. Low Medium (LM). a. Low Medium – Terra Vista (LM-TV) b. Low Medium - Etiwanda Specific Plan South (LM-ESP South) c. Low Medium - Etiwanda Specific Plan (LM-ESP) 4. Medium (M). a. Medium – Terra Vista 1 (M-TV1) b. Medium - Etiwanda Specific Plan South (M-ESP South) c. Medium - Etiwanda Specific Plan (M-ESP) 5. Medium High (MH). a. Medium High – Terra Vista (MH-TV) Amended Section: Section 17.36.020 Development Standards for Two Units in Single-Family Residential Zones Section 17.36.020 Development Standards for Two Units in Single-Family Residential Zones. A. Purpose. This Section provides objective zoning and design standards for the development of residential units pursuant to Senate Bill (SB) 9. Development pursuant to his Section does not require discretionary review or a hearing and is processed ministerially through a plan check/zoning clearance. B. Applicability. SB 9 projects shall only be developed in single-family residential zones. For purposes of this Section, the following zones are considered single-family residential zones: 1. Very Low Residential (VL) 2. Low Residential (L) 3. Hillside Residential (HR) C. General Standards. All development pursuant to SB 9 shall comply with the following objective standards: 1. Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied. 2. Except where superseded by SB 9 or this Section, development shall comply with the objective development standards of the zone in which the lot is located. Page 814 of 882 16 3. Access to any unit shall not be across an easement that restricts such access. 4. More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished unless the site has not been occupied by a tenant in the last three years. 5. The lot shall contain no more than one pedestrian path connected to the public right-of-way or private street. 6. The development shall contain no exterior stairways except those leading from grade to the first floor. 7. Off-street parking shall be provided in accordance with the following standards: a. A minimum of one off-street parking space shall be provided for each residential unit. b. No off-street parking is required if either of the following apply: i. The lot is located within one-half mile walking distance of either: a high-quality transit corridor as defined in Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3. D. Additional Standards for New Construction. In addition to the standards of Subsection C, the standards of this Subsection apply if one or both residential units are new construction: 1. Maximum unit size shall be 800 square feet. 2. No residential unit shall exceed a building height of one story. 3. No residential unit shall exceed a building height of 16 feet. 4. Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21. 5. If the residential units are built as separate buildings, the following standards shall apply: a. The buildings shall be located one in front of the other in relation to the street; b. The front building shall be at least as wide and as tall as the rear building; and c. The front building shall be positioned such that the rear building is not visible from the street when viewed from directly in front of the property. 6. If the residential units are built as a single building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. Page 815 of 882 17 E. Additional Standards for Conversion of an Existing Dwelling. In addition to the standards of Subsection C, the standards of this section apply if an existing dwelling will be fully or partially retained: 1. Maximum unit size shall be 800 square feet. 2. The existing setbacks shall be maintained when converting or substantially redeveloping an existing structure to a two-unit residential development, except that additions to the existing dwelling shall have a minimum setback of four feet from side and rear property lines. 3. Additions to the existing dwelling shall not increase the building height beyond the allowable maximum of the respective base zoning district. 4. If two residential units are located in the same building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. F. Additional Standards for Urban Lot Split Projects. In addition to the standards of Subsections C, D, and E as applicable, the standards of this Subsection apply if the residential units will be located on lots created by an urban lot split. 1. Each lot created by the parcel map shall be used solely for residential uses. 2. No lot created by the parcel map shall have more than two residential units, inclusive of any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). No ADU or JADU shall be allowed on any parcel created by an urban lot split if the subdivider uses the authority provided under Government Code Section 65852.21. 3. If the boundary line between the lots created by the parcel map is perpendicular to the front lot line, the units shall be subject to the following standards: a. The buildings nearest the street on each lot created by the parcel map shall have no more than one residential unit with a door facing the street. G. Exceptions. The Planning Director shall approved an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. H. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety, and welfare, as defined in Government Code Section 65589.5. If so, the Building Official shall make a written finding in support of his or her decision to deny the application. I. Denial. The Building Official shall deny an application for an SB 9 project upon making both of the following findings in writing based upon a preponderance of evidence: Page 816 of 882 18 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. J. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period of less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; and 4. The owner of the property of which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split. Amended Section: Section 17.36.030 Urban Lot Splints in Single-Family Residential Zones Section 17.36.030 Urban Lot Splints in Single-Family Residential Zones. A. Purpose. This Section provides objective standards for urban lot splits on single- family residential zone lots pursuant to SB 9. B. Applicability. 1. This Section applies to single-family residential zone lots. For the purposes of this Section, the following zones are considered single-family residential zones: a. Very Low Residential (VL) b. Low Residential (L) c. Hillside Residential (HR) 2. An urban lot split is prohibited on a lot previously subdivided by an urban lot split pursuant to SB 9. In addition, an urban lot split is prohibited on a lot if the lot’s owner or any person acting in concert with the owner of such lot has previously subdivided an adjacent lot pursuant to SB 9. 3. An urban lot split shall not require discretionary review or a hearing and is approved ministerially by the City Engineer through a parcel map application. This Section is exempt from the application and hearing requirements described in Page 817 of 882 19 Chapter 16.20 (Tentative Parcel Maps – Four or Less Parcels) and Section 16.22.090 (Approval by City Council). C. Subdivision Standards. An urban lot split pursuant to this Section is subject to the following standards. 1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied. 2. A minimum lot size of one acre per dwelling unit is required for any proposed lot which does not have access to a public sewer. 3. Each lot created by the parcel map shall have a minimum area of 1,200 square feet. 4. The newly created lots shall not be smaller than 45 percent of the area of the original lot. 5. Each newly created lot must have access to a public street. 6. Lot lines shall be: i. Straight lines, unless there is a conflict with existing improvements or the natural environment; ii. Generally parallel to the street when facing the street or be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets; and iii. Within appropriate physical locations that do not bisect buildings and are contiguous with existing zoning boundaries. D. Exceptions. The City Engineer shall approve an exception to any of the standards satisfied in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. E. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether there is a specific adverse effect to public health, safety, and welfare. F. Denial. The City Engineer shall deny an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence. 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. G. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, Page 818 of 882 20 shall execute and record the following covenants against the subject property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; and 4. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split. Amended Section: Section 17.38.060 The Resort Section 17.38.060 The Resort. A. Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) provides the permit requirements for land uses by Placetype. Land use classifications/categories and descriptions are per the City’s Development Code unless otherwise defined in this section. B. Uses not specifically listed. Uses not specifically listed as permitted or conditionally permitted, but deemed by the Planning Director to be similar to a listed permitted or conditionally permitted use, may be allowed subject to a use determination made by the Planning Director. C. Shopkeeper and live/work units. In order to encourage businesses that create new jobs while ensuring compatibility with residential units, the following requirements have been established. 1. Shopkeeper units. Shopkeeper units are units that include both residential (R-2 occupancy) and non-residential (B-occupancy) mixed occupancy types as defined by the California Building Code. Shopkeeper allows individual occupancy of the non-residential space with separate entries from residence. The non-residential portion of the unit may be leased separately from the residential portion of the unit. 2. Live/work units. Live/Work homes provide non-residence space within the home and are defined by the California Building Code and shall be consistent with the City’s Development Code ‘Live-Work Facility’ allowed use description. TABLE 17.38.060-1 Allowed Land Uses and Permit Requirements by Placetype. Key P= Permitted Page 819 of 882 21 C= Conditional Use Permit N= Not Permitted LWC= Live/Work with a Conditional Use Permit*** Placetype VN CL UN T MU Rec MU Overlay* Residential Uses Accessory dwelling unit Adult day care home P P P P P P P Caretaker housing C C C C C C C Dwelling, multi-family P P P P P P P Dwelling, second unit (1) N N N N N N N Dwelling, single-family P P N N N N N Dwelling, two-family P P P P P P P Emergency shelter N N N N N N N Family day care home, large (11) C C C C C C C Family day care home, small P P P P P P P Guest house N N N N N N N Group residential C C C C C C C Home occupation (2) P P P P P P P Live-work facility C C C N P P P Shopkeeper (*) P P P N P P P Manufactured home (3) N N N N N N N Mobile home park (3) N N N N N N N Residential care facility C C C C C C C Residential care home P P P N N N N Single-room occupancy facility P P P P P P P Transitional housing P P P P P P P Agriculture and Animal-Related Uses Agricultural uses N N N N N N N Animal keeping, domestic pets (4) P P P P P P P Animal keeping, exotic animals (4) C C C C C C C Animal keeping, insects (4) N N N N N N N Animal keeping, livestock animals (4) N N N N N N N Animal keeping, poultry (4) N N N N N N N Equestrian facility, commercial N N N N N N N Equestrian facility, hobby N N N N N N N Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly use C C C C C C C Cemetery/mausoleum N N N N N N N Community center/civic use C C C C C P C Community garden C C C N N N N Convention center N N N N N N N Golf course/clubhouse N N N N N N N Indoor amusement/entertainment facility N N N C C C C Indoor fitness and sports facility—large N N N C C P C Indoor fitness and sports facility—small N N N P P P P Library and museum C C C P P P P Page 820 of 882 22 Placetype VN CL UN T MU Rec MU Overlay* Outdoor commercial recreation N N N C C C C Park and public plaza P P P P P P P Public safety facility C C C C C P C Resource-related recreation P P P P P P P School, academic (private) C C C C C C C School, academic (public) P P P P P P P School, college/university (private) N N N N P N P School, college/university (public) N N N N P N P Schools, specialized education and training/studio N N N C C C C Theaters and auditoriums N N N C C C C Tutoring center—large N N N C C C C Tutoring center—small N N N P P P P Utility, Transportation, Public Facility, and Communication Uses Broadcasting and recording studios N N N N N N N Park and ride facility N N N P N N N Parking facility N N N P P P P Transit facility N N N P N N N Utility facility and infrastructure—fixed based structures (5) N N N N N N N Utility facility and infrastructure—pipelines (5) P P P P P P P Wind energy system—small (10) N N N N N N N Retail, Service, and Office Uses Adult day care facility N N N C C C C Adult-oriented business (6) N N N N N N N Alcoholic beverage sales N N N C C C C Ambulance service N N N N N N N Animal sales and grooming N N N P P P P Art, antique, collectable shop LWC LWC LWC P P P P Artisan shop LWC LWC LWC P P P P Bail bonds N N N N N N N Banks and financial services N N N C C C C Bar/nightclub N N N C C C C Bed and breakfast inn N N N N N N N Building materials store and yard N N N N N N N Business support services N N N P P P P Call center N N N N N N N Card room N N N N N N N Check cashing business (7) N N N P P P P Child day care facility/center N N N C C C C Consignment store N N N C C C C Convenience store N N N P P P P Crematory services (7) N N N N N N N Drive-in and drive-through sales and service (8) N N N N N N N Equipment sales and rental N N N N N N N Feed and tack store N N N N N N N Furniture, furnishing, and appliance store (13) N N N C P N P Garden center/plant nursery (13) C C C C C C C Page 821 of 882 23 Placetype VN CL UN T MU Rec MU Overlay* Grocery store/supermarket (13) N N N P P P P Gun sales N N N N N N N Hookah shop N N N C C C C Home improvement supply store (13) N N N C C N C Hotel and motel (14) N N N C C C C Internet cafe N N N P P P P Kennel, commercial N N N N N N N Liquor store N N N C C C C Maintenance and repair, small equipment N N N P P P P Massage establishment N N N C C C C Medical marijuana dispensary N N N N N N N Medical services, extended care C C C C C C C Medical services, general N N N P P P P Medical services, hospitals N N N N N N N Mobile hot food truck N N N N N N N Mortuary/funeral home N N N N N N N Office, business and professional (**) LWC LWC LWC P P P P Office, accessory N N N P P P P Pawnshop (7) N N N N N N N Personal services N N N P P P P Restaurant, no liquor service N N N P P P P Restaurant, beer and wine N N N P P P P Restaurant, full liquor service N N N C C C C Retail, accessory N N N P P P P Retail, general LWC LWC LWC P P P P Retail, warehouse club N N N N N N N Secondhand dealer N N N P P P P Shooting range N N N N N N N Smoke shop (7) N N N N N N N Specialty food store N N N P P P P Tattoo shop (7) N N N N C N C Thrift store (7) N N N N N N N Veterinary facility N N N C C C C Automobile and Vehicle Uses Auto vehicle dismantling N N N N N N N Auto and vehicle sales and rental N N N N N N N Auto and vehicle sales, auto broker N N N N N N N Auto and vehicle sales, wholesale N N N N N N N Auto and vehicle storage N N N N N N N Auto parts sales N N N N N N N Car washing and detailing N N N N N N N Recreational vehicle storage N N N N N N N Service stations N N N N N N N Vehicle services, major N N N N N N N Vehicle services, minor N N N N N N N Industrial, Manufacturing, and Processing Uses Fuel storage and distribution N N N N N N N Page 822 of 882 24 Placetype VN CL UN T MU Rec MU Overlay* Manufacturing, custom small-scale LWC LWC LWC P P N P Manufacturing, heavy N N N N N N N Manufacturing, heavy-minimum impact N N N N N N N Manufacturing, light N N N N N N N Manufacturing, medium (9) N N N N N N N Microbrewery LWC LWC LWC P P N P Printing and publishing N N N P P P P Recycling facility, collection N N N N N N N Recycling facility, processing N N N N N N N Recycling facility, scrap and dismantling facility N N N N N N N Research and development N N N N N N N Storage, personal storage facility N N N N N N N Storage warehouse N N N N N N N Storage yard N N N N N N N Wholesale, storage, and distribution—heavy N N N N N N N Wholesale, storage, and distribution—light N N N N N N N Wholesale, storage, and distribution—medium (9), (12) N N N N N N N Table notes: (*) Uses permitted in the MU-Overlay Zone override the underlying placetype where there is a conflict. (**) Leasing and new homes sales centers. (***) Shopkeeper units are those that include both residential (R-2 occupancy) and nonresidential (B-occupancy) mixed occupancy types as defined by the California Building Code. The nonresidential portion of the unit may be leased separately from the residential portion of the unit. (1) See additional accessory dwelling unit regulations in chapter 17.100. (2) See additional home occupation regulations in chapter 17.92. (3) See additional mobilehome regulations in chapter 17.96. (4) See additional animal keeping in chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a CUP. (6) See additional adult entertainment businesses in chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in chapter 17.102. Page 823 of 882 25 (8) See additional regulations for drive-In and drive-through facilities in chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in alternative energy systems and facilities in chapter 17.76. (11) “Family day care home—large” requires approval of a large family day care permit, not a conditional use permit. (12) “Wholesale, storage, and distribution—medium” is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. (13) Maximum square footage for a single user shall not exceed 10,000 square feet. (14) The maximum number or rooms for hotels/motels is 200 rooms. Page 824 of 882 26 EXHIBIT B Amendments to Article V of the Rancho Cucamonga Municipal Code Amended Section: Section 17.89.020 Development and Design Standards Section 17.89.020 Development and Design Standards. A. Location and separation requirements. 1. Separation requirements. Automobile service stations, including ancillary uses, shall be separated from other automobile service stations by a minimum of 1,000 feet. Separation distance shall be measured in a straight line from the nearest property line of said automobile service stations. a. Automobile service station which exclusively provides alternative fuels shall not be subject to the separation requirements of this section. B. General development standards. New and reconstructed automobile service stations shall comply with the following development standards. 1. Minimum site area. 40,000 square feet. 2. Maximum lot coverage. 40 percent of the total lot size, including the canopy. No more than 20 percent of the total lot area shall be covered by a canopy. 3. Maximum number of driveways. No more than two driveways or means of access shall be provided to any one street or highway. No more than 35 percent of the street frontage shall be devoted to curb cuts. Within integrated developments, share access driveways are required. a. Driveways shall not be located closer than 25 feet to the end of a curb corner or a common property line when adjacent to a residential zoning district. The planning director may consider deviations from this requirement due to demonstrated site constraints, subject to compliance with all other applicable development standards. 4. Pump islands. a. Pump islands shall be set back a minimum of 60 feet from an adjoining parcel which are used, zoned, or designated by the general plan for residential uses, schools, parks, or religious facility to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 50 feet within this distance. b. Pump islands shall be set back a minimum of 25 feet from any nonresidential property line to the nearest edge of the pump island. A Page 825 of 882 27 canopy or roof structure over a pump island may encroach up to 15 feet within this distance. c. The pump island shall be situated to provide stacking space for a minimum o ftwo vehicles behind the vehicle parked at the pump closest to any entrance and/or exit driveway. d. At least one pump station shall be accessible to oversize vehicles, including recreational vehicles. 5. Ancillary equipment/devices. Ancillary equipment/devices such as air compressors shall not be located in any required building setback area. 6. Parking requirements. The automobile service station and any ancillary uses shall comply with all applicable standards of chapter 17.64 (Parking and Loading Standards). Where conflict arises between section, the requirements of this subsection shall take precedent. a. Automobile service station: Two spaces minimum. Spaces at the pump island do not satisfy this parking standard. Any additional, ancillary uses on the property shall also include the parking requirements listed below. b. Automobile service station with a convenience store: Five spaces per 1,000 square feet of gross floor area of the convenience store. Up to 50 percent of the pump islands may be counted as parking spaces at a minimum ratio of one space for each pump island. c. Automobile service station with vehicle service bay: One space per service bay. d. Automobile service station with restaurant and/or car wash: The parking requirement shall be determined by a parking demand study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. e. A minimum of one loading space and delivery vehicle stacking area shall be located and designed to avoid undue interference with the public use of streets and alleys, drive aisles, automobile parking spaces, or pedestrian paseos. See chapter 17.64(Parking and Loading Standards) C. Alternative Fuel Stations. 1. A minimum of one alternative fuel stations shall be provided for every four petroleum-based fuel pumps. The alternative fuel stations can be an electric vehicle charging station, compressed natural gas (CNG), hydrogen, or other alternative fuel. Page 826 of 882 28 a. Existing automobile service stations shall add at least one alternative fuel station when proposing an expansion of the existing operation. 2. A waiting/seating area shall be provided for customers charging an electric vehicle at a designated charging station. 3. Automobile Service Stations which exclusively provide alternative fuels shall be subject to the requirements of this Chapter, with exception to the separation requirements. D. Building design and orientation. See chapters 17.130 (Zone and Building Standards) and 17.132(Building Entrances and Facades) for building design and orientation requirements. E. Lighting. See chapter 17.58 (Outdoor Lighting Standards) for all applicable lighting standards. F. Landscaping. See chapter 17.56 (Landscaping Standards) for all applicable landscaping standards.(Ord. No. 1017 § 9, 2023) Removed Section: Section 17.89.030 Signs. Amended Section: Section 17.89.040. Operational Standards Section 17.89.040. Operational Standards. A. Location of activities. All activities and operations shall be conducted entirely within the enclosed ancillary structure(s), except as follows: 1. The dispensing of fuel products from pump islands, vehicle charging, and air and water services, and display of propose tanks for sale. 2. Minor emergency repairs including, replacement of headlights, turn indicator bulbs or windshield wipers. B. Site maintenance. The site including all structures, landscaping, walls/fences, and signs shall be maintained in good repair, in a clean, neat and orderly condition. Driveways, parking, landscape, and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into drainage, gutter, or sewer systems. Page 827 of 882 29 C. Trash receptacles. Trash receptacles shall be located at the building entrance and at each pump island. The premises shall be kept free of the accumulation of litter or waste. Removal of waster or litter from the trash receptacles shall occur at a minimum or once each day the business is open. D. Trash enclosure. A trash enclosure, completely enclosed with a decorative masonry wall not less than six feet high with a solid metal self-enclosing gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles. An architecturally integrated trellis shall be provided above the trash enclosure. E. Public service facilities. All automobile service stations shall: 1. Provide restrooms on site, at no charge, for customer use during normal business hours. The restroom shall be continuously maintained in a clean and sanitary manner. Entrances to restroom facilities shall be located within a building. 2. Provide and maintain an air pump and radiator water hose for public use. F. Noise. All outdoor noise generators associated with an automobile service station and any ancillary use(s) shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources. 1. Automobile service station and ancillary use noise (e.g., bells, loudspeakers, tools, video/audio pump stations, and sound signals, etc.) shall not be audible from residentially zoned or residentially occupied parcels between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays. 2. Automobile service station and ancillary use operations shall comply with all other applicable noise requirements of the Rancho Cucamonga Municipal Code. G. Hazardous materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automobile fluids shall be recycled or removed according to applicable state and federal standards. H. Propane tank sales. Propane tank sale displays shall be located outside of any required setback area and shall be stored in a secure display. The city may require landscaping or other type of screening to conceal the propane tanks from public view. I. Mechanical equipment. 1. All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing and permitted repairs shall be enclosed entirely within a building. Page 828 of 882 30 2. All rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way. 3. All ground mounted gasoline vapor recovery units and venting pipes shall be partially enclosed with a six-foot-high decorative solid screen wall and landscaping and shall not be located in any required setback area. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards. J. Ancillary uses. Ancillary uses related to automobile service stations shall not operate 24 hours a day. 1. Convenience store. a. Outdoor display of merchandise shall be prohibited unless a temporary use permit is obtained pursuant to chapter 17.104(Temporary Use). b. Alcohol sales related to ancillary uses of automobile service stations located within over concentrated census tracts shall not be allowed. 2 Car wash. a. Applicants shall provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. b. Applicants shall provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense. 3. Vehicle repair shop. a. Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties. b. Service bay doors shall not directly face an existing residential development or residential zone. c. Vehicle repair shops shall be limited to battery and ignition services, tire repair and sales, and other accessory sales and services for automobiles; but shall exclude major automobile repairs, tire recapping, steam cleaning, painting, body and fender work, engine overhaul, and other work of a similar nature. 4. Restaurants. Drive-through restaurants shall be prohibited. K. Discontinuation of an automobile service station use or structure. An automobile service station use that has been legally established and conforms to all standards of title Page 829 of 882 31 17 shall not be re-established if such use has been discontinued for a continuous period of 12 months or more. L. Legal nonconforming. 1. Any automobile service station that is lawfully operating in the city and does not conform to the provisions of this chapter, but which were legally established prior to the date this section was adopted, shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile service stations and ancillary uses on said automobile service station site shall be subject to chapter 17.62 (Nonconforming Uses, Structures, and Lots). a. Modifications to existing automobile service stations or ancillary uses. Automobile service station uses and structures related thereto shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provisions of this chapter. If conformity with standards adopted pursuant to this chapter causes hardship due to existing configuration of on-site buildings or structures, a variance may be applied for, pursuant to section 17.20.030 (Variance). Amended Section: Amend Subsection 17.91.040.C. Development and Design Standards Section 17.91.040. Development and Design Standards. C. Parking and Circulation 3. Stacking requirements. a. The drive-through lane shall be long enough to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as described in Chapter 17.64 (Parking and Loading Standards) and shall be based on the number of vehicles in the drive-through lanes for seven consecutive days during peak lunch hours between 11:00 a.m. to 2:00 p.m. and peak dinner hours between 5:00 p.m. to 8:00 p.m. at three different restaurant locations in cities with a similar population as Rancho Cucamonga and in a similar location as the proposed site. b. All stacking must be designed to be accommodated on the site of the drive-through use or through a shared use agreement with an adjacent property owner(s). No stacking onto public or private streets is allowed. c. Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation. Page 830 of 882 32 d. In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s),personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas. e. Drive-through lane design. i. The entrance and exit of a drive-through lane must be at least 50 feet from an intersection of public rights-of-way when measured at the closest intersecting curbs. ii. The drive-through lane must be at least 10-feet wide with a minimum 10-foot interior radius at curves. iii. The stacking area must accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service. A higher minimum of cars could be required as part of the conditions of approval. The stacking space for each vehicle shall be 10 feet wide and 20 feet long. iv. The drive-through lanes shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site using concrete curbing or paint striping on at least one side of the lane. These requirements do not apply to the reuse of existing properties. v. All stacking lanes must be clearly identified with pavement markings and signage to indicate the entrance, direction of traffic flow and exit. vi. The driveway-through lane design must provide for a minimum nine feet wide escape/emergency lane allowing motorists to exit the stacking lane before reaching the drive-through window. f. Stacking lanes must be screened in compliance with section 17.56.060 (Special landscape requirements). g. No more than two stacking lanes are allowed per drive-through use. Each lane must conform to the standards in this subsection. Added Section: Page 831 of 882 33 Section 17.111 Vehicle Service Uses Section 17.111 Vehicle Service Uses. All existing vehicle services uses in the CE1-SC subzone are permitted to remain in operation. Any new proposed vehicle service use in the CE1-SC subzone is prohibited. Page 832 of 882 34 EXHIBIT C Amendments to Article VII of the Rancho Cucamonga Municipal Code Amended Table : Table 17.122.010-1 Single-Family Variations Required Table 17.122.010-1 Single-Family Variations Required. Number of Dwellings Required Floor Plans (minimum) (1)(3) Elevations (minimum per required floor plan) (2)(3) 5-10 2 2 11-20 2 3 21-40 3 3 41-60 3 4 61-80 4 4 81-100 5 4 Over 100 5 + 1 (for each 40 additional) 4 Table notes: The following may be counted as additional floorplans: (1) A minimum 30% reverse footprints are required. Reverse footprints shall not be counted as a required floor plan. (2) Reverse footprints and alternate color schemes shall not count as additional elevations. Variations in the following design elements, which create a significant difference in streetscape appearance, shall count as additional elevations: •Plans with different architectural styles. •Plans with changes in massing and scale. •Plans with roof ridges running in different directions. •Plans with significant changes in roof pitch appropriate to the style. (3) The Design Committee may consider alternate mixes of floor plans and elevations that achieve the goal of providing variety in the street scene of new subdivisions. Amended Section: Subsection B of Section 17.122.010 Purpose and applicability Section 7.122.010 Purpose and applicability. B. Subdivision design. The following standards and guidelines apply: Page 833 of 882 35 1. Standards. a. Provide two means of ingress and egress b. Spacing for right-of-way widths, street sections, street radii, and intersections shall conform to the street design policy available from the engineering department. c. Corner lots are to be wider than interior lots. d. If the proposed subdivision is bordered or surrounded by undeveloped land, prepare a conceptual subdivision master plan for those properties to demonstrate how circulation routes could be plotted, e.g. for vehicles, pedestrians, and emergency access, and how storm water drainage infrastructure could be provided. e. Provide four-way intersections (not offset “T” type intersections) on collector or larger streets. f. Intersections, including knuckles, shall be perpendicular (radialoncurves). g. Align intersections with existing streets or provide adequate spacing between intersections. 2. Guidelines. a. Physically integrate and align the design of lots and streets with one another to create connected neighborhoods. b. Physically integrate and align the design of new development with existing or potential adjacent development relative to street design and lot pattern. c. Avoid double-frontage lots on interior streets Page 834 of 882 36 EXHIBIT D Amendments to Article VIII of the Rancho Cucamonga Municipal Code Amended Section: Table 17.128.020-1 of Section 17.128.020 Overview of Form-Based Zones Table 17.128.020-1 Summary Table of Form-Based Zones. Zone Neighborhood Estate 2 (NE2) Neighborhood General 3 (NG3) Center 1 (CE1) Mixed Employment 1 (ME1) Subzone None Neighborhood General 3 Limited (NG3L) (limits nonresidential uses) Center 1 -- Southwest Cucamonga (CE1- SWC) (Allows certain existing service uses to remain) None Desired Form Large frontage area/ build-to lines Small to medium frontage area/build-to lines Small frontage area/ build-to lines Small to large frontage area/build-to lines Heights up to 3 stories Heights up to 3 stories Heights up to 4 stories Heights up to 5 stories Interconnected street network, low intensity development House-scale buildings, low intensity development Compact and connected environment, medium intensity development Moderate intensity mixed-use development, transitions in scale to adjacent neighborhoods General Use Single-family residential, some context appropriate neighborhood serving commercial or civic uses. Medium density residential mixed-use with ground floor commercial and retail activity with a mix of uses on upper stories. Subzone: Medium density residential, allows neighborhood serving commercial and limited auto- oriented uses. Commercial and retail mixed-use buildings with a mix of residential and nonresidential uses on upper stories. Medium density residential and moderate intensity neighborhood- serving commercial uses. Professional office employment with a mix of supporting uses. Some auto- oriented uses if the scale and character is appropriate. General Plan Designation Traditional Neighborhood Neighborhood Corridor Neighborhood Center (Subzone) Traditional Town Center Office Employment District Subzone None None None Center 2 Limited (CE2L) (limits non- residential uses) Desired Form Small frontage area/ build-to lines Small frontage area/ build-to lines Small frontage area/ build-to lines Small frontage area/ build-to lines Heights up to 5 stories Heights up to 5 stories Heights up to 7 stories Heights up to 12 stories Page 835 of 882 37 Zone Neighborhood Estate 2 (NE2) Neighborhood General 3 (NG3) Center 1 (CE1) Mixed Employment 1 (ME1) Walkable environment, maker spaces, moderate intensity development, block- scale building Transitional environment, mixed- use and block-scale buildings, moderate intensity development Walkable environment, block- scale buildings, moderate to high intensity development Walkable environment, block- scale buildings, high intensity development General Use Professional office, business, service, and creative industrial uses in proximity to walkable, urban areas. Moderate density residential with a mix of commercial and retail activity at key intersections. Medium to high intensity uses act to transition to lower intensity suburban neighborhoods adjacent to the corridor. High density residential with a mix of commercial and retail activity at key nodes. Higher density and intensity uses transition to lower intensity urban areas nearby such as moderately scaled mixed use, multi- family, and employment districts and centers. Ground floor commercial and retail activity with a mix of commercial and residential uses on upper stories. High density residential and civic uses. Subzone: Predominately moderate and high density residential uses in proximity to walkable, urban areas with a focus on residential serving retail uses. General Plan Designation 21st Century Employment District City Corridor Moderate City Corridor High City Center Urban Neighborhood (subzone) Added Subsection: Subsection 17.130.030.D to Section 17.130.030 Applicable to All Zones Section 17.130.030 Applicable to All Zones. D. Subdivisions. If an applicant proposes to subdivide a property, each development site shall accommodate the largest allowable building type in its smallest form within the underlying form-based zone. Amended Table: Table 17.130.050-1 of Section 17.130.050 Specific to Zones Table 17.130.050-1 Required Build-to-Line, Height, and Frontage Area. Standard [1] Form-Based Zones NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DENSITY AND INTENSITY (MAX.)[4] Dwelling Units per Acre (Du/ac) (min./max.) 0/8 0/24 0/30 18/30 24/42 24/42 36/60 40/100 20/50 in subzone Page 836 of 882 38 Standard [1] Form-Based Zones NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Floor Area Ratio (FAR) (min./max.) [2] 0/0.4 0.4/0.6 0.2/0.4 in subzone 0.2/1 0.6/2.0 0.4/2.0 0.4/1.0 0.6/1.5 1.0/2.0 0.2/0.4 in subzone BUILD-TO LINES A Primary Build-to Line (max./min.) 40 ft./NA 5 ft./15 ft. 0 ft./10 ft. 5 ft./20 ft. 5 ft./15 ft. 0 ft./15 ft. 0 ft./15 ft. 0 ft./10 ft. B Secondary Build-to Line (max./min.) 30 ft./NA 5 ft./15 ft. 0 ft./10 ft. 5 ft./20 ft. 5 ft./15 ft. 0 ft./15 ft. 0 ft./15 ft. 0 ft./10 ft. BUILDING PLACEMENT WITHIN PRIVATE FRONTAGE AREAS C — D x 100 Minimum Built Percentage of Primary Frontage Width NA 65% of primary frontage width 80% of primary frontage width 70% of primary frontage width 75% of primary frontage width 80% of primary frontage width 85% of primary frontage width 90% of primary frontage width E — F x 100 Minimum Built Percentage of Secondary Frontage Width NA 30% of secondary frontage width 30% of secondary frontage width 30% of secondary frontage width 30% of secondary frontage width 30% of secondary frontage width 30% of secondary frontage width 40% of secondary frontage width HEIGHT G Ground Floor Residential Use (min.) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. G Ground Floor Nonresidential Use (min.) 12 ft. 12 ft. 15 ft. 12 ft. 12 ft. 15 ft. 15 ft. 15 ft. H Upper Floor Nonresidential Height (min.) 9 ft. 9 ft. 10 ft. 10 ft. 10 ft. 9 ft. 9 ft. 9 ft. I Residential Finish Floor Elevation above Grade at Max. Build-to Line (min.) 0 in. 36 in. max. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. I Nonresidential Finish Floor Elevation above Grade at Max. Build-to Line (max.) 18 in. 18 in. 18 in. 12 in. 12 in. 12 in. 12 in. 12 in. J Total Stories (max.)[3] 3 stories 3 stories 4 stories 5 stories 4 stories 4 stories 5 stories no maximum If located within a community activity node, fronting Foothill Blvd or Haven Ave., or as approved consistent with chapter 17.138 (Large Site Development) 5 stories 5 stories 7 stories PARKING SETBACKS (MIN.) K Surface Parking, Front, or Street Side if located on a Transit Priority Street 25 ft. from building facade 30 ft. 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. 50 ft. L Surface Parking, Street Side (if not located on a Transit Priority Street) 25 ft. from building facade 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Table Notes: 1. The maximums allowed by zone may not be attainable due to limitations from other standards (e.g., building and design standards) or unique site characteristics, such as lot size, trees, waterways, and steep slopes. Page 837 of 882 39 2. FAR applies to nonresidential Portion of the development only, including nonresidential portions of mixed-use development. 3. Maximum height in feet determined by building type, see Section 17.130.060. For properties within the Ontario Airport Land Use Compatibility Plan (OALCP), the maximum height is established in the OALCP. The OALCP standard supersedes the maximum height allowed in this article. 4. Density and FAR are calculated individually. When there are multiple development sites on a single property, individual development sites may deviate from minimum or maximum standards so long as the total site average FAR and Du/AC are within established limits. Amended Section: Section 17.130.060 Building Type Standards Section 17.130.060 Building Type Standards. This section establishes the standards for building types. Table 17.130.060-1 shows the building types that are allowed in each form-based zone. Subsections A through J describe each building type and establish the development standards specific to each. TABLE 17.130.060-1 ALLOWED BUILDING TYPES BY ZONE Form-Based Zones Building Type Section NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Fourplex 17.130.060(A) A A Attached Flex 17.130.060(B) A A A Main Street 17.130.060(C) A A A A A A A A Rowhouse 17.130.060(D) A A A A Courtyard Building 17.130.060(E) A A A A A A Multiplex 17.130.060(F) A A A A A A Mid-Rise Building 17.130.060(G) A A A A A High-Rise Building 17.130.060(H) A Estate 17.130.060(I) A Extra Large House 17.130.060(J) A Large House 17.130.060(K) A Page 838 of 882 40 A = Building Type Allowed A. Fourplex. A fourplex is a single two-story house-scale building with four attached/stacked units. Building facades face the street and entrances to units may be either shared or individual. Parking is provided in detached garages or carports and accessed from a rear lane or alley. ZONES PERMITTED:NG3, CE1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 60 ft, Max. 100 ft B Depth Min. 90 ft BUILDING PLACEMENT Primary Building (All Attached Units) Build-to Lines See Table 17.130.050-1 C Interior Side Yard Setback Min. 10% of lot width Rear Yard Setback None Accessory Structures D Interior Side Setback Min. 3 ft Rear Setback None Building Separation Min. 10 ft BUILDING HEIGHT Primary Building (All Attached Units) To eave/top of parapet Max. 22 ft Overall Max. 30 ft Accessory Structures Overall Max. 1-story BUILDING MASSING Primary Building (All Attached Units) E Width Max. 60 ft F Depth Max. 50 ft Detached Garage Area Max. 800 sq ft total for detached garages G Maximum Dimension (in any direction) 40 ft BUILDING ENTRANCES AND ACCESS Individual Entrances Must face the primary frontage area Shared Entrances Must face a private frontage area or a walkway leading directly to a private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 50% of site OPEN SPACE Page 839 of 882 41 ZONES PERMITTED:NG3, CE1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 H Common Usable Open Space, Area Min. 300 sq ft I Common Usable Open Space, Minimum Dimension (in any direction) 15 ft. B. Attached Flex. The attached flex building type is a small to medium-sized building that supports a mix of residential and/or nonresidential uses in a range of building, entry and facade forms. Individual units face the street in a side-by-side configuration. Attached flex also supports single-ownership live/work buildings or mixed-use with ground floor commercial and units on upper floors. Parking may be attached or detached and is accessed from a rear lane. ZONES PERMITTED: NG3, CE1, ME1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 25 ft, 32 ft on corner lots; Max. 100 ft B Depth Min. 75 ft BUILDING PLACEMENT Primary Building (All Attached Units) Build-to Line See Table 17.130.050-1 C Interior Side Yard Setback 0 ft, Min. 5 ft at end of row of attached buildings Rear Yard Setback Min. 5 ft Accessory Structures D Interior Side Setback None Rear Setback None Building Separation Min 8 ft BUILDING HEIGHT Primary Building (All Attached Units) To eave/top of parapet Max. 35 ft Overall Max. 42 ft Accessory Structures Overall Max. 1-story BUILDING MASSING Primary Building (All Attached Units) E Width Max. 100 ft; max. 50 ft per attached unit F Depth Max. 60 ft Detached Garages G Width Max. Width of unit H Depth Max. 24 ft BUILDING ENTRANCES AND ACCESS Nonresidential Entrances Must face the private frontage area Page 840 of 882 42 ZONES PERMITTED: NG3, CE1, ME1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Residential Entrances, Shared or Individual Must face a private frontage area or a walkway leading directly to a private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 75% of site OPEN SPACE I Common Usable Open Space, Area Min. 100 sq ft per unit J Common Usable Open Space, Minimum Dimension (in any direction) 10 ft C. Main Street. The Main Street building type is a medium-sized structure that fosters a continuous walkable pedestrian environment. The ground floor supports active retail and restaurant spaces with shopfront frontages that wrap corners to enhance walkability. Parking is located to the rear of buildings, and abutting Main Street building types are encouraged to share parking facilities. ZONES PERMITTED: NG3, CE1, ME1, ME2, CO1, CO2, CE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 25 ft, Max. 180 ft B Depth Min. 65 ft BUILDING PLACEMENT Build-to Line See Table 17.130.050-1 Interior Side Yard Setback None Rear Yard Setback Min. 5 ft BUILDING HEIGHT To eave/top of parapet Max. 35 ft Overall Max. 40 ft BUILDING MASSING C Width Max. 180 ft D Depth Max. 100 ft BUILDING ENTRANCES AND ACCESS Entrances Must face the private frontage area Required Paseos Main Street frontages exceeding 150 ft in width must be interrupted by a paseo that connects the frontage area to the parking area. Page 841 of 882 43 D. Rowhouse. Rowhouse buildings are composed of two to eight attached individual rowhouse units with individual entries along the street frontage and ground-level private open space for each unit. Rowhouses support higher residential densities at a neighborhood-scale and are typically located along medium-intensity neighborhood and city corridors, near a neighborhood center, or within a mixed-use zone. Parking may be located on the ground floor of the primary structure or in detached garages at the rear of the development site. Vehicular access is provided from an alley or a shared internal drive aisle. This type is also known as Townhouse. ZONES PERMITTED: NG3, CE1, ME2, CO1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 60 ft, Max. 250 ft B Depth Min. 60 ft BUILDING PLACEMENT Primary Building (All Attached Units) Build-to Line See Table 17.130.050-1 C Interior Side Yard Setback Min. 5 ft at end of row of attached units Rear Yard Setback Min. 5 ft Accessory Structures Interior Side Setback None Rear Setback None Building Separation Min. 10 ft BUILDING HEIGHT Primary Building (Row of Attached Units) To eave/top of parapet Max. 32 ft Overall Max. 40 ft Accessory Structure Overall Max. 1-story BUILDING MASSING Primary Building (Row of Attached Units) D Width Max. 240 ft E Depth Max. 50 ft Unit F Width Max. 30 ft Detached Garages Width Width of unit Depth Max. 24 feet BUILDING ENTRANCES AND ACCESS Individual Entrances Must face the private frontage area Page 842 of 882 44 ZONES PERMITTED: NG3, CE1, ME2, CO1 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Rear Lane or Shared Driveway Required where possible LOT COVERAGE Maximum 75% of site OPEN SPACE Private Open Space, Area Min. 100 sq ft per unit Private Usable Open Space, Minimum Dimension (in any direction) 8 ft E. Courtyard Building. A courtyard building is comprised of multiple attached and/or stacked dwelling units, accessed from one or more shared courtyards. Courtyard buildings are typically one- unit deep with individual entrances facing the shared courtyard. The shared courtyard is common open space and replaces the need for private rear yards. This type is typically integrated into medium and high intensity walkable neighborhoods and can be applied in nonresidential contexts. ZONES PERMITTED: CE1, ME1, CO1, CO2, CE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 80 ft, Max. 136 ft B Depth Min. 60 ft BUILDING PLACEMENT Build-to Line See Table 17.130.050-1 C Interior Side Yard Setback Min. 8 ft Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 42 ft Overall Max. 52 ft BUILDING MASSING D Width Max. 140 ft E Depth Max. 120 ft BUILDING ENTRANCES AND ACCESS Entrances Residential entrances must face courtyard or private frontage area OPEN SPACE/COURTYARD F Width Min. 25 ft, Max. 50 ft G Depth Min. 25 ft, Max. 75 ft A courtyard may satisfy the open space requirement if the courtyard is open and accessible to the public and is consistent with the applicable requirements in chapter 17.134 (Public Open Space). Page 843 of 882 45 F. Multiplex. A multiplex is a medium-sized building that typically consists of five to 24 stacked units (more if consistent with the base zone density), typically with one shared entry and a double-loaded corridor configuration. Multiplexes may also take the form of stacked flats with individual entries to the exterior. Parking is accessed from a rear lane or side street where possible and may be surface, detached, or attached. Attached parking may be in shared or individually secured garages. This type is scaled to fit within medium intensity walkable neighborhoods, corridors, and districts. ZONES PERMITTED: NG3, CE1, ME1, CO1, CO2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 60 ft, Max. 176 ft B Depth Min. 60 ft BUILDING PLACEMENT Build-to Line See Table 17.130.050-1 C Interior Side Yard Setback Min. 8 ft Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 42 ft Overall Max. 52 ft BUILDING MASSING Primary Building (All Attached Units) D Width Max. 160 ft E Depth Max. 80 ft BUILDING ENTRANCES AND ACCESS Entrances Must face the private frontage area Rear Lane Required where possible LOT COVERAGE Maximum 75% of site COMMON OPEN SPACE F Common Usable Open Space, Area Min. 300 sq ft G Common Usable Open Space, Minimum Dimension (in any direction) 15 ft G. Mid-Rise. Page 844 of 882 46 A mid-rise building is a medium-intensity building intended to accommodate a mix of uses and is a primary component of main street and corridor urban form. This type typically supports retail, service, or residential supportive uses on the ground floor and office or residential uses on upper floors. Mid-rise buildings can also accommodate single use development. On-site parking is typically structured and may be located underground, within a podium structure, or on the ground floor. Where ground floor or above-ground structured parking is provided on-site, it must be screened from view or “wrapped” as required in section 17.130.030(I), above. ZONES PERMITTED: ME1, ME2, CO1, CO2, CE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 150 ft, Max. 400 ft B Depth Min. 150 ft, Max. 400 ft BUILDING PLACEMENT Build-to Line See Table 17.130.050-1 Interior Side Yard Setback None Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 80 ft Overall Max. 92 ft BUILDING MASSING C Width Max. 400 ft D Depth Max. 390 ft OPEN SPACE E Common Usable Open Space, Area Min. 30 sq. ft. per unit F Common Usable Open Space, Minimum Dimension (in any direction) 20 ft H. High-Rise. A high-rise building is a high-intensity building intended to accommodate a mix of uses and is a primary component of corridor urban form. This type typically supports retail, service, or residential supportive uses on the ground floor and office or residential uses on upper floors. High-rise buildings can also accommodate single use development. On-site parking is typically structured and may be located underground, within a podium structure, or on the ground floor. Where ground floor or above-ground structured parking is provided on-site, it must be screened from view or “wrapped” as required in section 17.130.030(I), above. Page 845 of 882 47 ZONES PERMITTED: CE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 150 ft, Max. 400 ft B Depth Min. 150 ft, Max. 400 ft BUILDING SETBACKS Build-to Line See Table 17.130.050-1 Interior Side Yard Setback None Rear Yard Setback Min. 10 ft BUILDING HEIGHT To eave/top of parapet Max. 120 ft Overall Max. 132 ft BUILDING MASSING C Width Max. 400 ft D Depth Max. 390 ft OPEN SPACE E Common Usable Open Space, Area Min. 30 sq. ft. per unit F Common Usable Open Space, Minimum Dimension (in any direction) 20 ft I. Estate. The standards of this section apply to the Estate Building Type. ZONES PERMITTED: NE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 100 ft (corner lots add 15 ft to min.) B Depth Min. 120 ft BUILDING PLACEMENT Primary building C Build-to Line See Table 17.130.050-1 D Interior Side Yard Setback Min. 15% of lot width E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 10 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT Page 846 of 882 48 ZONES PERMITTED: NE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 To eave/top of parapet Max. 24 ft Overall Max. 36 ft BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 20 ft Secondary building(s) Width Max. 30 ft Depth Max. 30 ft Depth Max. 36 ft LOT COVERAGE Maximum 25% of site OPEN SPACE Private Usable Open Space, Area Min. 25% of the site Private Usable Open Space, Minimum Dimension (in any direction) 30 ft A. Site Organization / Massing. 1. Garages are Secondary Buildings, and may face any direction. 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space. 1. Yard area is required for outdoor living, dining and play. C. Access. 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. 4. Circular Drives are permitted. Page 847 of 882 49 D. Garages and Driveways. 1. Maximum exterior width: 50% of lot width. 2. Garages may be attached or detached. 3. Circular Drives, where applicable, require a minimum 45′ Primary setback from Property Line to building face. Circular drives require an inner green half-circle, differentiating the drive from the rest of the front yard, which shall be no less than 60′ wide and with a depth at least 1/2 the width. J. Extra Large House. The standards of this section apply to the Extra Large House Building Type. ZONES PERMITTED: NE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 80 ft, Max. 100 ft B Depth Min. 120 ft BUILDING PLACEMENT Primary building C Build-to Line See Table 17.130.050-1 D Interior Side Yard Setback Min. 15% of lot width E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 10 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT To Eave/Top of Parapet Max. 24 ft Overall Max. 36 ft BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 20 ft Secondary building(s) Width Max. 30 ft Page 848 of 882 50 ZONES PERMITTED: NE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 Depth Max. 30 ft Depth Max. 36 ft LOT COVERAGE Maximum 30% of site OPEN SPACE Private Usable Open Space, Area Min. 25% of the site Private Usable Open Space, Minimum Dimension (in any direction) 30 ft A. Site Organization / Massing. 1. Garages are Secondary Buildings, and may face any direction. 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space. 1. Yard area is required for outdoor living, dining and play. C. Access. 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. 4. Circular Drives are permitted. D. Garages and Driveways. 1. Maximum exterior width: 50% of lot width. 2. Garages may be attached or detached. 3. Circular Drives, where applicable, require a minimum 45′ Primary setback from Property Line to building face. Circular drives require an inner green half-circle, differentiating the drive from the rest of the front yard, which shall be no less than 60′ wide and with a depth at least 1/2 the width. K. Large House. Page 849 of 882 51 The standards of this section apply to the Large House Building Type. ZONES PERMITTED: NE2 NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 DEVELOPMENT SITE SIZE A Width Min. 60 ft, Max. 80 ft B Depth Min. 110 ft BUILDING PLACEMENT Primary building C Build-to Line See Table 17.130.050-1 D Interior Side Yard Setback Min. 15% of lot width or 10 ft. E Rear Yard Setback Min. 30 ft Secondary building Primary/Secondary Behind Primary building F Interior Side Yard Setback Min. 5 ft G Rear Yard Setback Min. 5 ft w/ rear lane Min. 10 ft w/o rear lane Distance Between Buildings Min. 20 ft BUILDING HEIGHT To eave/top of parapet Max. 24 ft Overall Max. 36 ft BUILDING MASSING Primary mass Width Max. 40 ft Depth Max. 30 ft Wing(s) Width Max. 20 ft Depth (front wing) Max. 15 ft Secondary building(s) Width Max. 30 ft Depth Max. 30 ft Height Max. 36 ft LOT COVERAGE Maximum 35% of site OPEN SPACE Private Usable Open Space, Area Min. 25% of the site Private Usable Open Space, Minimum Dimension (in any direction) 25 ft A. Site Organization/Massing. 1. Garages are secondary buildings, and may face any direction. Page 850 of 882 52 2. Utility connections should be located in a rear lane or drainage easement and placed underground. B. Open Space. 1. Yard area is required for outdoor living, dining and play. C. Access. 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cochères are permitted. Amended Section: Section 17.134.070 Pocket Park Section 17.134.070 Pocket Park A pocket park is a small space tucked into a mid-block space interspersed within neighborhoods or urban areas. Pocket parks are generally intended for quiet, passive recreation and may include small gardens, open shelters, or other passive recreational amenities. Page 851 of 882 53 ZONES PERMITTED NE2 NG3 CE1 ME1 ME2 CO1 CO2 CE2 POCKET PARK STANDARDS Size 1000 sq. ft. min., max. 0.25 ac. Context Must be defined on one side by a street with sidewalks or a paseo. Access Must be directly accessible from all abutting rights-of-way and alleys. Landscape and Design Must include landscaping measures such as planted areas, turf area, and ground cover. Amenities May include amenities such as benches, chairs, tables, play structures, and drinking fountains. Page 852 of 882 54 Amended Table: Table 17.136.020-1 of Section 17.136.020 Allowed Land Uses Table 17.136.020-1 Allowed Land Uses in Form-Based Zones TABLE 17.136.020-1 ALLOWED LAND USES IN FORM-BASED ZONES Key P Permitted C Conditional Use Permit M Minor Use Permit N Not permitted Form-Based Zone Land Use NE- 2 NG3L NG3 CE1 CE1- SWC ME1 ME2 CO1 CO2 CE2L CE2 Page 853 of 882 55 Residential Uses Accessory Dwelling Unit P P P P P P P P P P P Adult Day Care Home M M M M M M M M M P P Caretaker Housing P P C C C P P C C P P Dwelling, Multi-Family [1] N P P P P P P P P P P Dwelling, Single-Family P N N N N N N N N N N Dwelling, Two-Family P P P P P N N N N N N Emergency Shelter N N N C C P P P N N N Family Day Care Home P P P P P P P P P P P Group Residential N P C C C N C P P P P Home Occupation [2] P P P P P P P P P P P Live-Work Facility N P P P P P P P P P P Residential Care Facility N P P P P P P P P P P Residential Care Home P P P P P P P P P P P Single-Room Occupancy Facility N N N N N N N N P P P Supportive Housing P P P P P P P P P P P Transitional Housing P P P P P P P P P P P Low Barrier Navigation Center N P P P P P P P P P P Agricultural and Animal-Related Uses Animal Keeping [3] M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P Microscale Agriculture N N M M M M M M M M M Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use N M M M M M M M M M M Community Center/Civic Use N N M M M M M M M M M Community Garden P P P N N N N N N N N Convention Center N N N M M M M M M N M Indoor Amusement/Entertainment Facility N N N P P M M P P M P Page 854 of 882 56 Indoor Fitness and Sports Facility—Large N M C M M M M M M M M Indoor Fitness and Sports Facility—Small N P P M M P P P P P P Library and Museum N P P P P P P P P P P Outdoor Commercial Recreation N C M M M M M M M C C Park and Public Plaza P P P P P P P P P P P Public Safety Facility M M M M M M M M M M M School, Academic (Private) M M M M M M M M M M M School, Academic (Public) P P P P P P P P P P P School, College/University (Private) N M M M M M M M M M M School, College/University (Public) N M M M M M M M M M M Schools, Specialized Education and Training/Studio N M M M M M M M M M M Theaters and Auditoriums N N N N N M M M P M P Tutoring Center—Large N N M M M M M M M M M Tutoring Center—Small N P P P P P P P P P P Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios N N N N N P P P P M M Park and Ride Facility N N N N N M M M N N N Parking Facility N N C C C C C C C N N Transit Facility N N N N N C C C C C C Utility Facility and Infrastructure—Pipelines [4] P P P P P P P P P P P Service and Office Uses Adult Day Care Facility N M M N N M M M N M M Ambulance Service N M M M M M M M N N N Animal Sales and Grooming N P P P P P P P P P P Banks and Financial Services N P P P P P P P P P P Business Support Services N P P P P P P P P P P Page 855 of 882 57 Check Cashing Business [5] N N N N N P P P P N N Child Day Care Facility/Center N M M P P M M M M M P Hotel N N N M M M M M M M M Kennel, Commercial N N N N N N N M M N N Maintenance and Repair, Small Equipment N N N N N N P P P N N Massage Establishment [7] N P P P P P P P P P P Massage Establishment, Ancillary [7] N P P P P P P P P P P Medical Services, Extended Care N N N N N P P P M M M Medical Services, General N P P P P P P P P P P Medical Services, Hospitals N N N C C C C M M C C Mortuary/Funeral Home N N M N N M M M N N N Office, Business and Professional N P P P P P P P P P P Office, Accessory N P P P P P P P P P P Pawnshop [5] N N N N N N N M M N N Personal Services M P P P P P P P P P P Tattoo Shop [5] N N N N N N N M M M M Veterinary Facility N P P M M M M P M M M Retail Uses Alcoholic Beverage Sales N C M M M M M M M M M Bar/Nightclub N C M M M M M M M C M Consignment Store N M M M M M M M M M M Convenience Store N P P P P P P P P N P Drive-In and Drive-Through Sales and Service [6] N C C N N N N C[8] C[8] N N EV Showroom and Indoor Sales N C C P P M M P P P P EV Showroom and Outdoor Sales N N N C C C P P P C P Feed and Tack Store N N P N N N N N N N N Garden Center/Plant Nursery N C P P P P P P P C P Page 856 of 882 58 Grocery Store/Supermarket M P P P P P P P P P P Hookah Shop N N N N N N N M M M M Home Improvement Supply Store N C P P P P P P P P P Liquor Store N M M M M M M M M M M Mobile Food Vehicles N P P P P P P P P P P Restaurant, No Liquor Service M P P P P P P P P P P Restaurant, Beer and Wine M P P P P P P P P P P Restaurant, Full Liquor Service C M M M M M M M M M M Retail, Accessory P P P P P P P P P P P Retail, General M P P P P P P P P P P Retail, Warehouse Club N N N N N N P P P N N Secondhand Dealer N P P N N N N P N P P Smoke Shop [5] N N N N N N N M M M M Thrift Store [5] N P P P P P P P P N P Automobile and Vehicle Uses Auto Parts Sales N C N N N N N C C N N Automobile Service Stations N C N N N C C C C N N Car Washing and Detailing N C N N N N C C N N N Electric Vehicle Service Station with Lounge (9) N M N N N M M M M N N Vehicle Services, Minor N M M N M M M N N N N Vehicle Services, Major N N N N M(10) N N N N N N Industrial, Manufacturing, and Processing Uses [9] Maker Space/Accessory Maker Space N N N N N M P M M N N Manufacturing, Custom N N N N N C P N N N N Manufacturing, Food Processing N N N N N N C N N N N Manufacturing, Green Technology N N N N N C P N N N N Manufacturing, Light—Small N N N N N M P N N N N Manufacturing, Light—Large N N N N N N C N N N N Page 857 of 882 59 Microbrewery N N N M N M M M M N N Printing and Publishing N N N N N N C N N N N Research and Development N N N N N P P N N N N Notes: 1 See additional regulations for ground floor uses in section 17.130.040. 2 See additional regulations for home occupations in chapter 17.92. 3 See additional regulations for animal keeping in chapter 17.88. 4 Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a conditional use permit. 5 See additional regulations for special regulated uses in chapter 17.102. 6 See additional regulations for drive-in and drive-through facilities in chapter 17.90. 7 Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 8 Allowed with a conditional use permit only on sites with frontage on an auto priority street as defined in the general plan. 9 Allowed with a minor use permit only on sites with frontage on an auto priority street as defined in the general plan. 10 MUP granted only for existing businesses within existing structures in operation prior to October 2023. Applies solely to CE1-SWC subzone. 11 See additional regulations for industrial uses in section 17.48.050. EXHIBIT E Amendments to Article IX of the Rancho Cucamonga Municipal Code Amended Section: Section 17.140.020 Universal Definitions Delete definition of “Automobile service station, general” in Section 17.140.020 Universal Definitions Amended Section: Page 858 of 882 60 Section 17.154.020 Form-Based Code Definitions Amend “Build-to-line” definition and Delete “Frontage Line, Primary” and “Frontage Line, Secondary” definitions in Section 17.154.020 Form-Based Code Definitions. Build-to-Line. A line parallel to the development site line or lot line where the façade of the building is required to be located. The minimum build-to-line is the farthest distance away from the primary or secondary site line or lot line that a building may be located. The maximum build-to-line is the closest to a primary or secondary site line or lot line that a building may be located. The build-to-line is intended to create an even building façade line along a street and establishes the frontage area for building placement (See Frontage Area, Private). In some cases, the maximum build-to-line may be the same as the front lot line, depending on the zone. Delete “Frontage Line, Primary” and “Frontage Line, Secondary” in Section 17.154.020 Form-Based Code Definitions. Page 859 of 882 61 EXHIBIT F Page 860 of 882 62 EXHIBIT G Page 861 of 882 Development Code and Zoning Map Update City Council, December 20, 2023 Development Code Amendments The code is a "Living Document“ o Comprehensive Code Amendment adopted by Council on May 18, 2022; o “Phase I” amendments reviewed by Commission on December 13, 2022; approved by Council on January 18, 2023; o “Phase II” amendments reviewed by Commission on February 22, 2023; approved by Council on March 15, 2023; o “Phase III” Amendments reviewed by Commission on November 8, 2023 (continued from October 11); o First reading for “Phase III” at Council, December 20, 2023 (tonight) o Phase III amendments consist of various technical amendments to Articles III, V, VII, VIII, and IX as well as zoning map amendments. Development Code Text Amendments Proposed Article III Amendments: •Adding/clarifying uses to/in “Land Use Table” (“Work/Live”and “Alternative Fuel Station,with Lounge”); •Clarify various use descriptions; •Remove affordability requirement for new SB 9 units; •Remove errant reference to industrial zones within the Resort Specific Plan. Development Code Text Amendments Proposed Article V Amendments: •Remove conflicting language related to service station proximity requirements; •Remove conflicting language related to placement of drive-through lanes. Proposed Article VII Amendments: •Amend Table 17.122.010-1 to reduce number of required floor plans per the number of dwelling units in a subdivision. Development Code Text Amendments Proposed Article VIII Amendments: •Amendment summary table and use table of Form- Based zones to add CE1-SWC subzone to allow certain vehicle service uses; •Add language to address subdivisions within form- based zones; •Revise FAR standards to allow greater opportunities for development in the CE1,ME1 and ME2 zones ; •Delete limitations on amount of common open space for certain building types; •Establish min.size of pocket parks at 1,000 square feet . Proposed Article IX Amendments •Various changes to definitions/glossary. Zoning Map Amendments Proposed zoning map amendments: •Necessary to update zoning in certain areas to be consistent with underlying General Plan land use designation and to correct errant zoning references; •Southwest Rancho Cucamonga; •Rochester Ave/Jack Benny Dr/Arrow Rte ; •Various Parcels at SW Corner of Vineyard Ave and Arrow Rte; •Vacant parcel on Carnelian,south of 19th St. Zoning Map Amendments Southwest Rancho Cucamonga: •Community desired “town center”to provide access to goods and services in a walkable community; •Community also expressed value in maintaining existing auto-oriented business; •General Plan now designates Traditional Town Center land use; •Staff proposes new subzone of CE1-SWC that balances the desire of new development with benefit of existing neighborhood-serving uses. Zoning Map Amendments Rochester Ave/Jack Benny Dr/Arrow Rte: •General Plan land use designation in this area was updated from industrial to Corridor High; •Zoning is now proposed to be changed to Neighborhood Corridor 2 (CO2); •Majority of businesses in area align with commercial use categories which is more appropriate in the CO2 than industrial; •Rezoning will allow for implementation of envisioned commercial growth around the Epicenter. Zoning Map Amendments SW Corner of Vineyard Ave and Arrow Route: •General Plan land use designation in this area was updated from industrial to Neighborhood Corridor; •Zoning is now proposed to be changed to Neighborhood General 3 (NG3)to implement that land use designation; •New zone will facilitate a medium intensity, neighborhood-serving development in the future. Zoning Map Amendments Vacant Parcel on Carnelian,South of 19th: •General Plan land use designation provides Traditional Neighborhood; •This parcel was inadvertently not assigned any zoning designation; •Staff now proposes a Low (L)Residential zone to be consistent with land use designation. Environmental Review An Environmental Impact Report was certified in conjunction with the adoption of the General Plan on December 15, 2021. Staff has prepared an EIR Addendum for the subject amendments to the Development Code and Zoning Map, which is included with this staff report for reference. Noticing •Notices for this item were published in the Inland Valley Daily Bulletin on September 28, 2023; •A public hearing was held on October 11, 2023, at which point the Planning Commission voted to continue the item to a date certain of November 8, 2023, in response to a letter from a concerned stakeholder; •On November 8, 2023, another letter was received by staff citing concerns related to certain proposed amendments. •Notices for this Council hearing were published in the Inland Valley Daily Bulletin. No correspondence was received related to tonight’s public hearing. Recommendation •Staff recommends that the City Council: o Adopt an addendum to the General Plan EIR o Approve text amendments and zoning map amendments as presented DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Justine Garcia, Deputy Director of Engineering Services SUBJECT:Consideration of the Rancho Cucamonga ADA Title II Self-Evaluation and Transition Plan, and Determination that the Plan is Categorically Exempt Under the California Environmental Quality Act (CEQA) per Section 15301 – Existing Facilities and Section 15305 – Minor Alterations of Land Use Limitations. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Determine that the Rancho Cucamonga ADA Title II Self-Evaluation and Transition Plan is categorically exempt under the California Environmental Quality Act (CEQA) per Section 15301 – Existing Facilities and Section 15305 – Minor Alterations of Land Use Limitations; and 2. Adopt the Rancho Cucamonga ADA Self Evaluation and Transition Plan, prepared by Bureau Veritas. BACKGROUND: In 1997 and 1998, the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (RCFPD) completed an initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. Since the initial study, changes have been made to the ADA Title II Regulations as well as ADA Standards for Accessible Design. Additionally, the City and RCFPD have acquired and disposed of facilities; performed capital improvement projects; modified organization structures; implemented different programs, services, and activities in which the requirements for public accessibility may differ today from when last evaluated in the initial ADA Self-Evaluation and Transition Plan. For that reason, the City and RCFPD decided to undergo an ADA Self-Evaluation and Transition Plan update to ensure that a plan is in place for updating buildings, infrastructure improvements, programs, services, and activities to meet current ADA and accessibility requirements. At the November 4, 2020 meeting of the City Council, the Council approved the award of a contract to Owen Group, Limited Partnership also known as Bureau Veritas, to complete an updated three-phase ADA Title II Self-Evaluation & Transition Plan. Page 862 of 882 Page 2 2 1 6 0 ANALYSIS: The 2023 ADA Title II Self-Evaluation and Transition Plan comprises three (3) phases of evaluation and analysis (policies and programs, facilities, and right-of-way) and provides a list of barriers to be considered for removal using a proposed prioritization strategy. A total of 49 City facilities, and approximately 3,050 curb ramps and 102 miles of sidewalks/paseos/multi-use paths were assessed for ADA compliance from 2021-2023. The proposed strategy for ADA compliance is a multi-phase approach with a goal of ensuring that programs, services, and opportunities offered by the City are accessible to citizens regardless of abilities, yet provide a realistic plan for barrier removal, which is within the fiscal capabilities of the City. Initial outreach to the community was completed at the start of the self-assessment period in spring of 2021 and comprised of a survey with questions to help staff understand current facilities and programming and the barriers that may be present to disabled individuals within our community. Feedback as to how the City should prioritize barrier removal was also obtained. The results of the survey were used to inform the ultimate 2023 ADA Title II Self-Evaluation and Transition Plan which was made available for public review starting November 30, 2023. The Plan can be found in paper form at City facilities, including Central Park, City Hall, and Archibald and Biane Libraries, and on the City’s website here: Rancho Cucamonga ADA Self-Assessment and Transition Plan | City of Rancho Cucamonga (cityofrc.us). The final date for comment on the final draft plan commences at the December 20, 2023 meeting of the City Council. All comments received through the review period will be taken into consideration and a final outreach section will be included in the final version of the Plan to reflect feedback received. ENVIRONMENTAL ASSESSMENT: Staff has determined that the 2023 ADA Title II Self-Evaluation and Transition Plan is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The Plan qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 – Existing Facilities. This Class consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.” The Plan also qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305 – Minor Alterations of Land Use Limitations. This Class consists of “minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to, issuance or minor encroachment permits.” FISCAL IMPACT: The total cost of barriers identified in the Plan is approximately $47,000,000. There is no fiscal impact associated with the adoption of the ADA Title II Self-Evaluation and Transition Plan. At this time there are no dedicated funding sources for capital and maintenance projects focused on accessibility. Instead, the City works to integrate improvements for accessibility and barrier removal as part of larger projects. Fiscal impact will be calculated on a project-by-project basis as funding becomes available. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s vision for the City to build upon our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to Page 863 of 882 Page 3 2 1 6 0 thrive by ensuring that facilities, right-of-way, parks and programs follow current ADA Title II and Accessibility requirements. ATTACHMENTS: None Page 864 of 882 ADA Title II Self-Evaluation & Transition Plan •ADA Title II –“Governs state and local government entities, prohibits all public entities, even those completely independent of federal funding, from discriminating against people with disabilities.” •Self-Evaluation & Transition Plan •Self-Evaluation Plan Required for all public agencies •50 employees or more = Transition Plan and Designated ADA Coordinator ADA Title II & The Transition Plan •Policies and Programs •HR Hiring Policies and Other Staff Policies •City Website •City Program Offerings •Facilities Assessment •49 City Facilities including Parks •Right-of-Way Assessment •3,050 Curb Ramps •102 miles of Sidewalk/Paseos Three Phase Approach •Initial Outreach Survey –Spring 2021 •Available on-line and in paper form at City facilities •119 Participants •Final Outreach Phase –Nov. 30th to Dec. 20th •To date we have received two emailed comments. •All comments will be added to the final plan following tonight’s meeting. Community Outreach •Policy/Program Barriers •Website edits, expansion of program offerings, improvements to offerings for visually and hearing- impaired individuals. •Physical Barriers Identified = approx. $47,000,000 •Facilities = $8,700,000 •ROW = $38,000,000 Results •Policy/Program Barriers •Will be included in annual operations assessments. •Physical Barriers •Facilities •Phase 1 –City Hall & Epicenter •Phase 2 –Libraries, Community Centers & Animal Center •Phase 3 & 4 –Parks •Phase 5 –Police Stations, Fire Stations, Public Safety Facility •Right-of-Way •Based on severity of barrier as well as public notification Prioritization and Strategy •Determine that the Plan is Categorically Exempt under CEQA •Adopt the Plan –Adding in any final public comments and feedback received through Dec. 20th to the final version of the plan. Recommendation Questions ? DATE:December 20, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager SUBJECT:Consideration to Approve Budget Amendment for Implementation of the County Ambulance Contract (Ambulance Personnel, EMS Captain, Data Analyst). (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve an amendment to the Fiscal Year 23-24 Budget to provide for the hiring of six firefighters, one EMS Captain, and one Data Analyst to support and implement the requirements of the County of San Bernardino contract for ground ambulance medical transportation services. BACKGROUND: On December 20, 2022, the County released a Request for Proposal (RFP) inviting prospective providers to submit proposals to provide ground ambulance services in 11 of the County’s 26 Exclusive Operating Areas (EOAs), which include EOAs 1, 2, 3, 4, 5b, 6, 7, 8, 9, 11, and 12a (known collectively as the Comprehensive Service Area). The Comprehensive Service Area encompasses most of the San Bernardino County valley, as well as parts of the high desert and mountain regions, reflecting urban, suburban, rural, and wilderness areas. Rancho Cucamonga is located in EOA 1. Proposers were required to meet minimum technical and financial requirements to be considered for the contract award, which included five years of experience (within the past seven years), providing 911 ALS transport services for a large urban area with a population greater than 1,000,000, which included a mix of urban, suburban, rural and wilderness areas. In addition, the RFP outlined substantial high-performance criteria to ensure the contractor is held accountable to several service quality metrics, including meeting response time thresholds and clinical performance standards. Private and public entities were allowed to submit proposals, including public Joint Powers Authorities (JPA) using a private ambulance subcontractor. American Medical Response (AMR), the incumbent service provider, and Consolidated Fire Agencies (CONFIRE) JPA responded to the RFP. CONFIRE provides fire dispatch and IT services to its members, consisting of public entities that are voting members (cities and fire districts) from Apple Valley, Chino Valley, Colton, Loma Linda, Rancho Cucamonga, Redlands, Rialto, Victorville, and the San Bernardino County Fire Protection District (SBCFPD). Contract agencies outside of the scope of the ambulance RFP are Montclair, Big Bear City, and Running Springs. As a result of the County’s RFP, the following Page 865 of 882 Page 2 2 1 7 6 contract agencies will be a part of the EMS division of CONFIRE: Ontario and Yucaipa. CONFIRE submitted its proposal as a public-private partnership with Priority Ambulance as its private partner. Priority is the third largest ambulance company in the United States and currently operate in multiple public-private partnerships throughout their service areas. The RFP stated that the County would award a contract based on the highest scoring proposal that demonstrates the best value and meets the needs of the County. An independent review panel made up of four evaluators individually scored each proposal on 14 key areas for the purpose of making a recommendation to the County for final negotiation of contract terms. Final scores resulted in a four-point difference out of a possible 1,720 total points, a difference of less than a quarter of 1%. Three out of the four evaluators ranking CONFIRE above AMR, which indicated both proposers were equally qualified and able to provide emergency ambulance services in accordance with the RFP requirements. As a result of the essential tie score, the County Administrative Office (CAO) provided both contracts to the Board of Supervisors for their consideration. On December 5, 2023, the San Bernardino County Board of Supervisors awarded Contract No. 23-1282 for ground ambulance medical transportation services to CONFIRE and its private subcontractor-partner Priority Ambulance, for an initial term beginning October 1, 2024, through September 30, 2029, with an option to extend the contract for a second five-year term. Services required as part of the contact include Advanced Life Support, Basic Life Support, ground ambulance services, and Interfacility and Critical Care Transport services to 11 Exclusive Operating Areas within the County. ANALYSIS: As a result of the County awarding the ambulance contract to CONFIRE, several member and contract agencies (Ontario, Chino Valley, Rancho Cucamonga, and San Bernardino County Fire Protection District (SBCFPD)) are required to support the system by implementing at least one ambulance within their jurisdiction. Per the RFP and the contractual agreement with Priority Ambulance, the ambulances shall be staffed on a 24/7/365 basis. To ensure that Chino Valley, Ontario, and Rancho Cucamonga do not compete for staffing with Priority Ambulance and SBCFPD, it was agreed that the fire entities shall staff the ambulances with full-time firefighter classifications, with at least one member on the ambulance being a full-time Firefighter Paramedic. The contractual agreement between CONFIRE and Priority Ambulance guarantees that the staffing of that ambulance by the public agencies shall be compensated at a rate of $160.81 per unit hour. That cost will be paid by the insurance agencies for patients transported. New Firefighters In order for the Fire District to put an ambulance in service, it is necessary to retain six (6) new firefighters. The new firefighters will have the following duties, consistent with current firefighters: •Staff one ambulance with a firefighter paramedic and firefighter EMT on a 24-hour basis, 7 days per week, 365 days of the year. •Provide emergency medical aid to individuals; provides care consistent with standards and procedures established by District for patient care. •Participate in a wide range of emergency and rescue activities including emergency medical services, extrication and heavy rescue, wildland and structure firefighting and hazardous materials incidents. •Respond to fire calls as a member of a fire apparatus crew and participate in fire extinguishment, ventilation, salvage, rescue, and other operations; operate various Page 866 of 882 Page 3 2 1 7 6 firefighting/control equipment such as pumps, hoses, ladders, extinguishers, forcible entry equipment and ventilation equipment; lay hose lines and direct water streams into fire. •Inspect, clean, service, drive, and operate various firefighting equipment and apparatus; perform routine and preventive maintenance on equipment; clean and repair fire hoses; assist in maintaining clean and orderly conditions in and about the fire station. •Participate in regular training activities, exercises, and special drills; maintain compliance with District physical fitness standards. •Participate in fire prevention/education; set up school demonstrations and gives station tours; participate in inspections of public and commercial buildings including those located in or adjacent to wildland areas for fire prevention and target hazard identification and review. EMS Captain To stay on pace with the rising demand of our EMS delivery model, Fire District management staff have determined that a Captain/Paramedic assigned to the EMS Division will be a critical new position to ensure we are both operationally efficient and cost-effective. This new position will allow the EMS Administrator to focus on the complex federal and state regulatory requirements associated with transporting patients in an ambulance. Staff recommends the creation of a new EMS Captain position with the following duties and responsibilities: •EMS Operations: EMS supplies and equipment ordering; narcotic vending machine oversight; equipment maintenance and repairs; expired medication disposal; ICEMA ALS unit inspections; ePCR platform management; and specialty program compliance oversight (Fireline Emergency Medical Technician, canyon rescue) •Education Programs: Coordinate and develop EMS training; education platform (Vector Solutions); maintenance of skills verification (EMT); maintenance of skills verification (advanced scope); ACLS program oversight; Handtevy program oversight; and CPR recertification. •New Hire Onboarding: Academy orientation and EMS testing; new paramedic orientation; and field ride-outs. •Public Education and Community Risk Reduction: Accountability Officer training; hands-only CPR; AED program, Pulse Point, and Pulse Point AED (City); Heart Safe Bleed Safe Community Designation; and community CPR. •Community Paramedic: Assist with development of Community Paramedic Program; collaboration with LEMSA, Public Health, and EMS Officers; and development of policies and procedures. •Health & Wellness: Firefighter rehab and medical coordination; rehab supplies; peer supporter; cancer reduction; behavioral health; and annual physicals. •CQI Program: Documentation compliance; OSHA compliance tracking; first pass QI program coordination (peer review); and specialty program compliance. •Meetings/Committees: EMS Committee; QI Committee; San Bernardino County EMS Officers; West End QI Committee; Cal Chief’s EMS Section meetings; and State Commission meetings. •Fire Operations / Training Division: Respond to incidents when on duty as a Safety Officer / Division Supervisor; assist with filling any staffing duties in emergency situations; Assist training division with all Fire Academies and department training; Page 867 of 882 Page 4 2 1 7 6 attend County training officer meetings; and assist training division with managing Target Solutions. For some time, EMS calls have far outweighed fire calls for the Fire District, as they do for most urban and suburban fire agencies. With the implementation of the ambulance contract, and the additional transport responsibilities, the Fire District’s EMS Division is significantly growing. Additionally, operational protocols have become increasingly complex and the training requirements and documentation for the department’s 75 paramedics are time consuming. An EMS Captain will ensure that Fire District stays on the cutting edge of EMS practices, training and documentation while providing first class services to all who live, work and play in the City of Rancho Cucamonga. Data Analyst The County’s ambulance RFP required the chosen entity to focus on the objective of substantially changing the delivery of service and deployment model. CONFIRE is uniquely positioned to do that as it is the primary receiving center for all 911 calls throughout the County. The objective begins with sending the right resource to the right call through the use of Emergency Medical Dispatch (EMD) software and the Emergency Communication Nurse System (ECNS). CONFIRE already has both of these in place, however the Fire District at the present time is largely unable to alter its deployment model in a manner that takes advantage of those systems, without a robust data analysis program that analyzes calls in near real time. The collection of data in a way that the Fire District can use objective analysis in determining what the right resource response should be based on the call type is fundamental to the efficient future of the Fire District’s deployment model in a multi-tiered capacity. Adding a Data Analyst will be critical to the Fire District being able to implement changes within our community as it pertains to all of our direct and support services. Staff recommends the creation of a new Data Analyst position with the following duties and responsibilities: •Creation, analysis, dissemination, and inspection of the Fire District’s key data sources including Computer-Aided Dispatch, Fire Prevention, Training, Logistics, Risk Management, and other data sources. •Provides technical assistance and expertise to management and staff in the areas of statistical research, data analysis, data interpretation and related duties. •Conducts statistical analyses and related research studies using Fire District data; compiles reports and prepares analytical studies on a wide variety of data. •Develops and prepares charts, graphs, and related material. •Determines format and method to be used to illustrate data elements, makes recommendations, and presents statistical and tabular data to management. •Coordinates the compilation of data for analysis purposes and to review and ensure accurate data gathering techniques. •Creates or modifies computer programming for the statistical analysis of data generated from Fire District activities. •Provides technical assistance to Fire District personnel in the planning and conducting of research, and the analysis and interpretation of related data. •Collaborates with other city departments, governmental agencies and private industry regarding Fire District statistical research, analysis, and recommendations. The retention of a specialized Data Analyst will lead to future changes in the deployment model Page 868 of 882 Page 5 2 1 7 6 thru the implementation of squads, community paramedicine, a COAST Team and other altered deployment models based on call type. The recommended staffing initiatives described above will result in the following benefits and potential negative impacts: Benefits to Community Potential Negative Impacts Firefighters1. Fully staffed ambulance in the city to better serve our residents and region. 2. Added depth to the firefighter rank to assist in constant staffing of all our resources. 3. Change in deployment model. 1. Financial impact to Fire District budget. 2. Use of the ambulance could be for mutual aid support in other jurisdictions.EMS Captain1. More control and oversight on the largest and highest volume service the fire district provides. 2. Support to the EMS Division that will allow training to be handled by the EMS Captain, freeing up the EMS Administrator to handle legal and administrative requirements. 3. Administrative mentoring opportunity for our floor personnel. 1. Financial impact to Fire District budget 2. EMS training to now be facilitated and primarily instructed by the EMS Captain, thereby reducing the opportunity for floor personnel to instruct.Data Analyst1. Allow the Fire District to capture data in real time and formulate it in a way that tells a story. 2. The data will dictate operational deployment that supports when and what resource should be deployed. 3. Long range planning for service enhancements and changes will be based on the data gathered. 1. Financial impact to Fire District budget 2. Narrow pool of potential candidates due to the knowledge, skills, and abilities required for the position. Implementation Timeline Implementing the recommended staffing changes will result in the addition of seven safety positions and one non-safety position to the Fire District’s allocated positions. The Data Analyst will be equivalent to a Management Analyst III (MA III) and require a new recruitment. The six firefighter positions will be filled using the existing firefighter employment eligibility list. The EMS Captain position will be filled through and internal promotion, subsequently resulting in hiring one additional new firefighter using the existing firefighter employment eligibility list. The estimated timeline for implementation of the recommended staffing initiatives is as follows: Date Action January 2024 Open recruitment for Data Analyst (MA III) and promotional process for EMS Captain January - February 2024 Promotion of EMS Captain Page 869 of 882 Page 6 2 1 7 6 March 2024 Beginning of Fire Academy and hiring of seven firefighters April – May 2024 Hiring of Data Analyst (MA III) FISCAL IMPACT: Due to the hiring timeline associated with these positions, the full budgetary impacts of the staffing changes will not be felt during the preparation of the midyear budget for Fiscal Year 2023-24. Below are the financial impacts associated with the staffing changes for your decision-making purposes; however, these costs won’t be fully realized during Fiscal Year 2023-24 since these positions are expected to be filled more than partway through the fiscal year. The estimated annual cost of the recommended staffing changes are as follows: Service Delivery Change Staffing Action Annual Revenue Annual Expense Ambulance Deployment Staffing Fund six (6) Firefighter positions (56- hour safety employees)$0 $1,206,670 EMS Captain Fund one (1) Fire Captain position (40-hour safety employee) $0 $272,810 Data Analyst Fund one (1) Management Analyst III position $0 $156,760 Reimbursement Reimbursement from CONFIRE ($160.81/unit hour)$1,408,700 $0 Net Fiscal Impact:$227,540 In addition, the estimated equipment costs are as follows: Equipment Qty Expense Net Fiscal Impact Pre-Employment Expenses (background investigation, medical exam, psychological exam) 7 $25,970 Hiring of seven (7) firefighters New Hire Safety Gear (uniforms, turnout gear, wildland gear, tactical response gear) 7 $78,820 $104,790 EMS Captain Tablet Command iPad 1 $1,800 $1,800 Data Analyst Workstation Equipment 1 $4,200 $4,200 Net Fiscal Impact:$110,790 Page 870 of 882 Page 7 2 1 7 6 The current fiscal year budget already accounts for the purchase of the ambulance and associated equipment. Any additional expenses, such as ambulance fuel and maintenance costs, will be examined during the preparation of the budget for Fiscal Year 2024-25. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by implementing the staffing initiatives needed to support and implement the requirements of the County of San Bernardino contract for ground ambulance medical transportation services, thus enhancing the level of service provided to the community. ATTACHMENTS: None. Page 871 of 882 DATE:December 20, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Augie Barreda, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of the Conversion of the Vacant Emergency Management Coordinator Position to Emergency Manager. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board: 1. Approve converting the vacant Emergency Management Coordinator position to an Emergency Manager; and 2. Approve the proposed job description and salary range for the Emergency Manager. BACKGROUND: The Rancho Cucamonga Fire Protection District, formerly known as the Foothill Fire Protection District, was formed in 1975 through a consolidation of the Alta Loma Fire District and the Cucamonga Fire District. On July 1, 1989, the Fire District was legislatively reorganized to a subsidiary district of the City of Rancho Cucamonga and was renamed the Rancho Cucamonga Fire Protection District. When formed in 1989, the Fire District’s jurisdiction encompassed three fire stations with an approximate population of 101,500 and annual call volume of 5,400 incidents. Since that time, the Fire District’s jurisdiction has grown to encompass seven fire stations (soon to be eight) and 52 square miles with an approximate population of 176,000. The call volume is estimated at 18,500 for the 2023. ANALYSIS: Due to the tremendous growth experienced by the Fire District and recent personnel changes, the Fire District has evaluated the service delivery in both direct and support services. As a result, Fire District management staff have identified the need to convert the vacant Emergency Management Coordinator position to an Emergency Manager. History of the Position: The Emergency Management Coordinator position has existed since 2007. At the time, Emergency Management Coordinator was established in lieu of an Emergency Manager because it was thought that this job classification and responsibilities were more in line with the City and Fire District’s current and future needs, as well as the actual needs of a community the size of Rancho Cucamonga. Page 872 of 882 Page 2 2 1 6 9 As a result, when the Fire District has recruited for the position, the applicant pool has generally consisted of applicants who are seeking the position to gain experience for their goal of eventually becoming an Emergency Manager. Subsequently, the Fire District was always aware that the incumbent would gain the knowledge, skills, and abilities to eventually work in the capacity of an Emergency Manager with another agency. Current Status and Assessment: In August 2023, the Fire District’s Emergency Management Coordinator resigned in order to take a position as Emergency Manager with the City of Ontario. To ensure no lapse in oversight of the Emergency Operations Center (EOC), the Fire District’s Training BC was placed as the Interim Emergency Management Coordinator. This foresight was crucial in late August with the approach of Tropical Storm Hilary. The Interim Emergency Management Coordinator / Training BC projected the need for disaster preparedness by coordinating with the City Manager’s office and Department Directors and was also prepared to activate the EOC should it be needed. He recommended that the executive staff of the Fire District and City Manager’s Office report to the EOC on Sunday, August 20, 2023. With the Emergency Management Coordinator position vacant, Fire District management staff took the opportunity to evaluate the current and future needs of both the City and Fire District. In keeping the position as an Emergency Management Coordinator, the position will remain one that is transient and most likely not seen as a destination, but rather an opportunity to gain experience to become an Emergency Manager. Recommended Position Conversion: Fire District management staff have identified the need to convert the vacant Emergency Management Coordinator position to an Emergency Manager. This will be a non-sworn, civilian classification within the Fire Support Services group. The Emergency Manager has specialized knowledge of emergency management programs and services and will be responsible for planning, leading and coordinating emergency response efforts and programs. This conversion will result the creation of a new job classification that will include the below enhanced emergency management responsibilities. The proposed salary range is $102,000 (A step) to $130,180 (F step): •Plans, coordinates, and administers City’s Emergency Management Program. •Maintains, updates, and coordinates the City’s emergency operations plan, hazard mitigation plan, continuity of operations plan and disaster recovery plan. •Responsible for emergency management programs, operations, grants, and budgets; research and data analysis; develops and coordinates educational, training, and preparedness programs; promotes community disaster resiliency through preparedness mitigation, response and recovery operations. •Provides expertise in an advisory role to the Fire Chief and other executive-level staff and City Council. The benefits of converting the vacant Emergency Management Coordinator position to an Emergency Manager include the following: Page 873 of 882 Page 3 2 1 6 9 1. Emergency Managers are recognized as technical experts across organizations. 2. Emergency Managers are technical experts on ICS and emergency operations. 3. During a disaster, the skills required to run the incident and EOC will be handled by someone with the highest level of experience and training. 4. Community Risk Reduction and hazard mitigation and assessments are skills inherent to EOC Managers. 5. Coordination with the City Manager’s office is something innate to the position of an Emergency Manager. The potential negative impacts of converting the Emergency Management Coordinator position include the following: 1. Financial impact to the Fire District’s budget due to the net cost difference between the Emergency Management Coordinator and an Emergency Manager. 2. An Emergency Management Coordinator comes with an inherent opportunity to be mentored by the City / Fire District leadership team. However, the expectation of a person coming in at a level of Emergency Manager is that they already have an understanding of the complex dynamics of the County’s hazard and risk profile (i.e. wind events, wildfires, floods, snowstorms, earthquakes, etc.). Implementation Timeline Converting the vacant Emergency Management Coordinator position to an Emergency Manager will require creation of a new job description and salary range. Fire staff has already begun coordination with Human Resources and completed a salary survey of surrounding agencies. Staff anticipates opening a recruitment in January 2024. Following the recruitment and pre- employment background process, staff anticipates filling the Emergency Manager position in early Spring 2024. FISCAL IMPACT: Due to the hiring timeline, the full budgetary impacts of the staffing changes will be examined during the preparation of the midyear budget for Fiscal Year 2023-24. Sufficient funds are available within the Fire District operating budget for the upgraded position. Below are the financial impacts associated with the staffing changes for your decision-making purposes; however, these costs won’t be fully realized during Fiscal Year 2023-24 since these positions are expected to be filled partway through the fiscal year. The estimated annual cost of the recommended staffing changes are as follows: Service Delivery Change Staffing Action Annual Savings Annual Expense Net Fiscal Impact Fund one (1) Emergency Manager -$211,200Position Conversion Defund one (1) Emer Mngt Coord ($163,973) $47,227 Net Fiscal Impact:$47,227 Page 874 of 882 Page 4 2 1 6 9 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by utilizing the revenue within the Fire District’s budget to enhance the level of service provided to the community. ATTACHMENTS: Attachment 1 – Proposed Job Description Page 875 of 882 ____________________________________________________________________________________ Emergency Manager Page 1 of 5 Emergency Manager Department/Division: Fire District/Emergency Management Reports To: Deputy Fire Chief Provides Direction To: Management Analyst I Exemption Status: Exempt Date Revised: November 28, 2023 Pre-employment Drug Test Required: No DEFINITION Plans, coordinates, and administers City’s Emergency Management Program. Maintains, updates and coordinates the City’s emergency operations plan, hazard mitigation plan, continuity of operations plan and disaster recovery plan. Responsible for emergency management programs, operations, grants, and budgets; research and data analysis; develops and coordinates educational, training, and preparedness programs; promotes community disaster resiliency through preparedness mitigation, response and recovery operations. Provides expertise in an advisory role to the Fire Chief and other executive- level staff and City Council. Does related work as required. CLASS CHARACTERISTICS The Emergency Manager has specialized knowledge of emergency management programs and services and is responsible for planning, leading and coordinating emergency response efforts and programs. ESSENTIAL FUNCTIONS The duties listed below are examples of the work typically performed by employees in this class. An employee may not be assigned all duties listed and may be assigned duties which are not listed below. Marginal duties (shown in italics) are those that are least likely to be essential functions for any single position in this class. 1. Manage all aspects of City’s emergency operations, preparedness, response, recovery and relief. Develop and maintain emergency response plans, standard operating procedures, and protocols for the city. 2. Develop Emergency Management division goals and objectives, including community resiliency strategy and plans, coordinates, and maintains Emergency Operations Plan and Hazard Mitigation Plan and budget. 3. Conduct risk assessments to identify potential hazards, vulnerabilities, and areas for improvement. ATTACHMENT 1Page 876 of 882 ____________________________________________________________________________________ Emergency Manager Page 2 of 5 4. Performs and coordinates emergency management training to achieve compliance with federal and State statutes, including SEMS (Standardized Emergency Management System) and NIMS (National Incident Management System) training processes. 5. Organize and conduct drills, exercises, and training sessions to enhance preparedness and response capabilities. 6. Stay up to date with the latest industry trends, technologies, and best practices in emergency management. 7. Oversee the development and maintenance of the Fire District’s emergency equipment and resources inventory. 8. Coordinate with relevant agencies, such as law enforcement, medical services, stakeholders, and community leaders, to assess and address cross-functional emergency response requirements and ensure effective coordination during emergencies; routinely collaborate with other divisions such as fire prevention, community affairs and operations. Works within the Master Mutual Aid System, County EOC and other cooperators throughout the region and state. 9. Collect, analyze, and interpret data related to emergency response activities to identify areas of improvement, present findings, and recommendations, and implement corrective measures. 10. Develop public education programs to increase awareness of fire safety and emergency preparedness in the community. 11. Manage emergency situations in real-time, making critical decisions, and mobilizing resources effectively. 12. Exercise excellent leadership and decision-making skills in high-stress situations. Utilize strong communication and interpersonal abilities to effectively collaborate with diverse stakeholders. 13. Acts as City representative and liaison on emergency management committees. Leads or participates in committee activities and functions involving other City departments, agencies, and community representatives. 14. Compiles planning and technical information and prepares manuals, documents, and resolutions pertaining to administrative, fiscal, or operational issues. 15. Administers CERT (Community Emergency Response Teams), BERT (Business Emergency Resiliency Training), ReadyRC and other related training programs and supervises the work of the program coordinator, and assigns and coordinates tasks and activities. Page 877 of 882 ____________________________________________________________________________________ Emergency Manager Page 3 of 5 ESSENTIAL FUNCTIONS (continued) 16. Maintains and coordinates the Emergency Operations Center; trains users and provides guidance to staff and volunteers regarding administrative policies and protocols related to Center operations. 17. Serves as WebEOC Administrator and assesses effectiveness of incident management and emergency planning software applications and potential changes. 18. Administers and coordinates Department of Homeland Security and emergency management performance grant programs and monitors services performed; drafts or independently prepares grant proposals, reports and records, and monitors actual expenses for conformance with budgeted allocations. 19. Assists department management, other City personnel, and the City Manager with disaster-related issues, programs, and initiatives. EMPLOYMENT STANDARDS Education and/or Experience: Bachelor's degree from an accredited four-year college or university with major coursework in business administration, public safety, or a closely related field. Five years of progressively responsible experience in the research, analysis, planning, and development of emergency planning, disaster preparedness, and related educational and training programs related to municipal administration, including at least one year of supervisory experience; or any combination of training and experience that provides the desired knowledge and abilities. Knowledge of fire prevention, suppression, and hazardous materials handling techniques is desirable. Knowledge, Skills and Abilities: Principles, practices, and trends in designing and implementing comprehensive and effective emergency management planning and operations, and disaster recovery and emergency response procedures and practices; operations, activities and services of emergency management programs; program development, test exercise and drill coordination, educational practices; FEMA, Cal OES, SEMS, NIMS, CERT and related emergency management standards, regulations, laws, codes, and local ordinances pertaining to emergency response management and public safety communications systems; responsibilities goals, and functions of local, state, and federal government in planning and executing emergency services; Emergency Operations Center (EOC) operational characteristics of radio communications and other communication media used during public emergency situations; budgeting practices; supervisory practices. Page 878 of 882 ____________________________________________________________________________________ Emergency Manager Page 4 of 5 Plan; develop, interpret, and administer effective emergency management programs; plan and conduct training; analyze problems, identify alternative solutions, and implement recommendations; recommend goals, objectives and practices for providing effective emergency management programs; prepare clear and concise reports and make public presentations; operate computer hardware and use word processing, spreadsheet, and related applications programs; communicate effectively, orally and in writing; establish and maintain effective working relations with staff, management, community liaisons and volunteers, public officials, safety personnel, and the general public. Licenses; Certificates; Special Requirements: Possession of, or ability to obtain, certification as an Emergency Management Program Specialist from the State of California, Certified Emergency Manager designation from the International Association of Emergency Managers, or equivalent certification. Possession of, or ability to obtain, a valid Class C California driver’s license and demonstrate a satisfactory driving record. In accordance with California Government Code Section 3100, City of Rancho Cucamonga employees, in the event of a disaster, are considered disaster service workers and may be asked to protect the health, safety, lives, and property of the people of the State. PHYSICAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class in the office, the employee is constantly required to sit, and occasionally to stand and walk to access work areas. Finger dexterity is required to operate computer hardware and standard office equipment and to reach with hands and arms above and below shoulder level to access documents and equipment. The employee occasionally lifts and carries office records and reports typically weighing less than 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The employee must be able to talk and hear. Mental Demands While performing the duties of this class, the employee is regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; work under deadlines with constant interruptions; and interact with City staff, volunteers, contractors, vendors, public officials, and the general public in explaining and promoting programs, and resolving potential conflicts. Page 879 of 882 ____________________________________________________________________________________ Emergency Manager Page 5 of 5 WORKING CONDITIONS The employee constantly works in both office and field settings as part of emergency management planning and community outreach functions. The employee is expected to travel to emergency planning and disaster preparedness meetings. In emergency situations, the employee must be able to be on-call 24 hours per day and work extended hours in order to coordinate emergency and disaster recovery operations. Page 880 of 882 C OUNTY AMBULANCE C ONTRACT Hiring of Ambulance Staff, EMS Captain, and Data Analyst December 20, 2023 History of San Bernardino County’s Ground Ambulance Transport Service Source: San Bernardino County Presentation Ambulance Operating Areas 7 19 San Bernardino County is divided into 26 Operating Areas, which creates boundaries for ambulance service providers to ensure appropriate coverage and regulation of services throughout the region. The RFP stated the County would award the proposal to the agency that demonstrates the best value and meets the needs of the County. San Bernardino County RFP Process On December 20, 2022, the County released a Request for Proposal (RFP) Private and public entities were eligible to submit proposals Two proposals were received: Consolidated Fire Agencies (CONFIRE) & American Medical Response (AMR) An independent evaluation panel individually scored each proposal The panel’s scoring of each proposal was substantially equivalent, and both proposals were taken to Board of Supervisors for selection and award. Contract Award On December 5, 2023, the San Bernardino County Board of Supervisors awarded Contract No. 23 -1282 for ground ambulance medical transportation services to CONFIRE and its private subcontractor-partner, Priority Ambulance. The initial te rm is Oc tobe r 1, 20 24 -September 30, 2029, with an option to extend the contract for a second five -year term. Implementation of the County Ambulance Contract Impacts to Staffing & Response Planning SERVICE DELIVERY NEEDS Per the contractual agreement, the three departments shall staff the ambulance with safety personnel RCFD s taffing will be one Firefighter Paramedic / one Fire fighte r EMT STAFFING RESPONSIBILITIES & FUNCTIONS Per the Contract, Rancho Cucamonga, Chino, & Ontario are required to support the system by providing at least one ambulance To meet these requirements, the Fire District needs to hire six new firefighters to staff the ambulance. Data Analyst •Compile and analyze call type and compare to our current response model •Provide recommendations, staff reports, and data analysis to the Deputy Chief of Operations •Sending the right resource to the right call ADMINISTRATIVE & LOGISTICAL SUPPORT EMS Captain •Oversight of EMS personnel training relative to EMT certifications and paramedic licensing •Assist with continuous quality improvement program •Facilitate training & oversight of proper patient documentation associated with transportation •Assist in coordination for the implementation of a Community Paramedicine Program and COAST Team ADMINISTRATIVE & LOGISTICAL SUPPORT Six Fire fighte rs Benefits to the Community Fully staffed ambulance in the city to better serve our residents and region Added depth to the firefighter rank to assist in constant staffing of all RCFD’s resources Change in deployment model The RCFD to be reimbursed at $160.81 per unit hour resulting in net zero cost Data Analyst Benefits to the Community Allow the Fire District to capture data in real time and formulate it in a way that tells a story The data will dictate operational deployment that supports when and what resource should be deployed Long range planning for service enhancements and changes will be based on the data gathered EMS Captain Benefits to the Community More control and oversight on the largest and highest volume service the fire district provides Support to the EMS Division that will allow training to be handled by the EMS Captain, freeing up the EMS Administrator to handle legal and administrative requirements Administrative mentoring opportunity for our floor personnel DATE ACTION December 2023 EMS Captain implementation January 2024 Begin recruitment for Data Analyst March 2024 Beginning of Fire Academy and hiring of seven firefighters April 2024 Hiring of Data Analyst June 2024 •Squad put in service at Fire Station 178 •Data analyst to begin capturing data on deployment model & provide recommendations on ambulance implementation October 1, 2024 Ambulance Contract Begins IMPLEMENTATION TIMELINE FISCAL IMPACT: STAFFING Service Delivery Change Staffing Action Annual Revenue Annual Expense Ambulance Staffing Fund six (6) Firefighter positions (56-hour safety employees)$1,206,670 Reimbursement from CONFIRE for ambulance staffing, maintenance, and fuel ($160.81/unit hour) $1,408,700 EMS Captain Fund one (1) Fire Captain position (40-hour safety employee) $272,810 Data Analyst Fund one (1) Management Analyst III position $156,760 Net Fiscal Impact:$227,540 FISCAL IMPACT: HIRING & EQUIPMENT Equipment Qty Expense Net Fiscal Impact Hiring of seven (7) firefighters Pre -Employment Expenses 7 $25,970 $104,790 New Hire Safety Gear 7 $78,820 EMS Captain Tablet Command iPad 1 $1,800 $1,800 Data Analyst Workstation Equipment 1 $4,200 $4,200 Net Fiscal Impact:$110,790 QUESTIONS ? C ONVERSION OF E MERGENCY M ANAGEMENT C OORDINATOR TO E MERGENCY M ANAGER December 20, 2023 Emergency Management History & Sta ffing •Position created in 2007 •Job classification and responsibilities were more in line with the City and Fire District’s anticipated needs at that time •The applicant pool has generally consisted of applicants seeking the position to gain experience to eventually become an Emergency Manager EMERGENCY MANAGEMENT COORDINATOR HISTORY Emergency Management Re s pons ibilite s SIGNIFICANT EMERGENCY MANAGEMENT RESPONSES Etiwanda Fire COVID -19 2023 Winter Storm •In August 2023, the EM Coordinator took a position as Emergency Manager with a neighboring agency •Staff evaluated the current and future needs of the City and Fire District •In keeping the position as an EM Coordinator, the position will remain one that is transient with staff gaining experience to become an Emergency Manager elsewhere CURRENT STATUS & ASSESSMENT •Staff recommends conversion of the vacant EM Coordinator position to new Emergency Manager position •Non -sworn, civilian classification within the Fire Support Services labor group •Salary range of $102,000 (A step) to $130,180 (F step) •Emergency Manager will have specialized knowledge of emergency management programs and services and be responsible for planning, leading and coordinating emergency response efforts and programs. RECOMMENDATION: EMERGENCY MANAGER Benefits to the Community All -hazard technical experts EOC management experts Develop the hazard mitigation plan Coordinate with the City Manager’s office, other city departments, & regional cooperators Upgraded position adds value with retention RECOMMENDATION: EMERGENCY MANAGER BUDGETARY IMPACTS •Due to the hiring timeline, salary expenses won’t be fully realized during the current FY 2023 -24 •The full budgetary impacts will be examined during the preparation of the midyear budget. Staffing Action Annual Savings Annual Expense Net Fiscal Impact Fund one (1) Emergency Manager -$211,200 $47,227Defund one (1) Emergency Management Coordinator ($163,973) $47,227 QUESTIONS? DATE:December 20, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Elisa Cox, Assistant City Manager Katie Bailey, Management Analyst II SUBJECT:Consideration to Approve the Re-appointment of One (1) Public Member and Appointment of Two (2) New Members to the Public Art Committee. (CITY) RECOMMENDATION: Staff recommends the City Council approve the re-appointment of Leslie Matamoros and new appointments of Ebony J. McGee Andersen and Ilianna Salas to the Public Art Committee. BACKGROUND: At its regular meeting on June 21, 2017, the City Council adopted Ordinance No. 912, amending the Rancho Cucamonga Municipal Code regarding creative placemaking through public art. Pertinent to implementation of the ordinance was the formation of the Public Art Committee, which is composed of five (5) members appointed by the City Council as follows: (i) one member of the Planning Commission; (ii) one member of the Rancho Cucamonga Community and Arts Foundation; and (iii) three members of the public appointed based on relevant work experience, trade, industry, or expertise. Committee members serve a term of two (2) years in a volunteer capacity. Duties include advising the City Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. ANALYSIS: The terms of the three public members appointed to the Public Art Committee will expire on December 31, 2023. The recruitment period for the three vacancies ran from October 2 – November 13, 2023. The Committee received ten applications from members of the public. The Community Services Subcommittee interviewed six of the ten applicants (served by Council Member Scott and Council Member Stickler) on December 4, 2023. The Community Services Subcommittee recommends that Leslie Matamoros be re-appointed to the Public Art Committee based on their knowledge, work experience, and expertise in multiple arts disciplines, and for Ebony J McGee Anderson and Illianna Salas be granted new appointments. All candidates are either Rancho Cucamonga residents and/or represent local arts entities serving our community. In addition to the one public member recommended for re-appointment and two public members recommended for new appointments, Planning Commissioner Bryan Dopp and Community and Arts Foundation Member Paula Pachon also serve on the Committee. Page 881 of 882 Page 2 2 1 7 4 FISCAL IMPACT: None. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Establishing and maintaining a skilled and effective Public Art Committee contributes to achieving the City Council’s core value of providing and nurturing a high quality of life for all. ATTACHMENTS: None. Page 882 of 882